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ROBINSON &
McELWEE PLLC
Mr. Price's practice encompasses all aspects of labor and employment law with a focus on administrative and trial court litigation.
While he has particular experience in labor and employment litigation, Mr. Price is also experienced in complex litigation generally, including defense of high risk cases involving personal injury, wrongful death, “deliberate intent” suits arising in industrial settings, and class action litigation.
Mr. Price also represents several performing musicians and composers in reviewing recording contracts, negotiating performance contracts, and obtaining copyright protection.
Education Credentials
- B.B.A., Management, Nichols College, 1967
- J.D., West Virginia University, 1978
Summary of Experience
- Former Managing Partner of Robinson & McElwee (June 1996-December 1998).
- Chair of the Labor and Employment Law Department of Robinson & McElwee PLLC.
- Practice in a broad spectrum of matters including Equal Employment Opportunity cases, discrimination cases of all types, arbitrations, employee benefits litigation, and wage and hour matters on both federal and state levels and litigation of employment cases in trial and appellate courts.
- Lead counsel in numerous complex cases including discrimination cases, complex class actions, wrongful death cases including complex liability and insurance issues among multiple defendants, "deliberate intent" suits arising in industrial settings, and significant wrongful termination cases.
- Conducts labor agreement negotiations and assists clients in strike planning.
- Practices before the National Labor Relations Board and litigation of cases before the Mine Safety and Health Administration, West Virginia Coal Mine Safety Board of Appeals and other administrative tribunals.
- Adjunct Professor, Labor Law, Marshall University Graduate College.
- Provides client training in the areas of risk reduction, Affirmative Action, compliance, and maintenance of employment files and records.
- Assists clients with strategic planning related to staffing, reductions in force, labor relations, and productivity issues.
- Counsels and represents independent recording artists and composers in areas of recording contracts, performance contracts, copyrights and related matters.
Bar and Court Admissions
- Supreme Court of the United States
- United States District Courts for the Northern and Southern Districts of West Virginia
- United States Court of Appeals for the Fourth Circuit
- Eastern District of Kentucky
- West Virginia Supreme Court of Appeals
- National Labor Relations Board
Professional Affiliations
- West Virginia State Bar Association
- West Virginia Bar Association
- Kanawha County Bar Association
- Defense Trial Counsel of West Virginia
- West Virginia Law Institute
- Society for Human Resource Management
- West Virginia Chamber of Commerce: Human Resources Committee
- American Bar Association - Labor and Employment Sector and Sports and Entertainment Sector
- American Bar Association Advisory Panel
Representative Cases
- Abels et al. v. Kaiser Aluminum and Chemical Co.; United States District Court for the Southern District of W.Va., Civil Action No. 2:90-0331. Lead counsel representing Kaiser Aluminum and Chemical Co. in a class action brought by approximately 700 former hourly employees of the company's Ravenswood, WV facility, in which the plaintiffs claimed the company had violated Sec. 510 of ERISA by failing to provide contractually required pension benefits to employees on recall status. Favorable settlement reached.
- Cameron Bell v. Ashland Oil Co.; United States District Court for the Southern District of W.Va., Civil Action No. 3:92-0311. Lead counsel representing Ashland Oil Co. in case brought by employee who claimed his discharge was undertaken in retaliation for his reporting environmental violations to regulatory authorities and assisting such authorities with their inspections and investigations, Case was settled favorably after cross-examination of Plaintiff at trial.
- Natalie Haynes v. Rhone-Poulenc Ag. Co.; 206 W.Va. 18, 521 S.E.2d 331 (1999). Lead counsel representing Rhone-Poulenc Ag. Co. in case in which female lab worker claimed the termination of her employment was due to her disability and sex. Jury returned verdict of less than 1/2 final settlement demand. Appealed to W.Va. Supreme Court of Appeals in order to clearly establish the law related to punitive damages under the West Virginia Human Rights Act.
- Mark Lynch v. Appalachian Power Company; Circuit Court of Mingo County, W.Va., Civil Action No. 96-C-81. Lead Counsel representing Appalachian Power Company in case brought by discharged management employee who contended the termination of his employment was due to his disability - alcoholism. Jury returned verdict of less than 1/2 final settlement demand. Appealed on behalf of employer, and settled favorably on appeal.
- Watson v. Mountaineer Gas Company; 76 F.3d 606 (1996). Lead counsel representing Mountaineer Gas Company in case brought to collaterally attack an arbitrator's award which had reinstated an employee discharged for a positive drug test. 4th Circuit Court of Appeals affirmed a ruling by the United States District Court for the Southern District of West Virginia which had set aside the arbitrator's award.
Publications & Presentations
- Managing Editor - West Virginia Law Review (1977-78)
- Contributed to the Benchbook for Hearing Examiners published by the West Virginia Human Rights Commission.
- Co-Editor of the Employment Law Section of the West Virginia Practice Handbook.
- Contributed to the West Virginia Chamber of Commerce Handbook for Employers.
- Regular presenter on Labor and Employment Law Topics including : OSHA compliance, Americans with Disabilities Act, Age Discrimination in Employment Act, National Labor Relations Board procedures and the Employee Retirement Income Security Act.
- Adjunct Professor of Labor Law, Marshall University Graduate College.
- "Employment Issues for Supervisors of Bargaining Unit Employees", Client Training Seminar Materials; Copyright Robinson & McEwlee PLLC - 2007
- "Risk Reduction in Hiring and Discharge Cases", Client Training Seminar Materials, Copyright, Robinson & McElwee PLLC - 2007
- "Employment Issues for Union Free Supervisors", Client Training Seminar Materials, Copyright, Robinson & McElwee PLLC - 2008
- "Affirmative Action", Client Training Seminar Materials, Copyright, Robinson & McElwee PLLC - 2008
- "Compendium of State Employment Laws", (West Virginia segment) Prepared for ALFA International Labor & Employment Practice Group - 2001-2008
Teaching and Lecturing Engagements
- "Litigating Human Rights Cases in West Virginia", Presented at the West Virginia Chamber of Commerce Human Resource and Governor's Safety Conference - 2007
- "Whistleblower Cases in West Virginia", Presented at the West Virginia Chamber of Commerce Human Resource and Governor's Safety Conference - 2008
Awards and Honors
- 2009 West Virginia SuperLawyer, Labor & Employment
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