Will Kishman represents employers in matters involving employees and labor unions. Will litigates a broad variety of labor and employment cases, including labor arbitrations, National Labor Relations Board (NLRB) proceedings involving unfair labor practice charges and representation issues, Section 301 lawsuits, wage and hour actions, wrongful discharge cases and lawsuits involving other labor and employment issues. Will also assists employers with collective bargaining negotiations, union avoidance, employee and supervisor training, and other labor and employment counseling matters.

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    • Prevailed in a 10-day arbitration on behalf of an area equipment distributor, and ultimately recovered an eight-figure damages award and attorney’s fees, in a complex contract and statutory dispute.
    • After a three-day trial, convinced the NLRB to fully dismiss multiple unfair labor practice charges filed against an area employer.
    • Represented a national manufacturer in six labor arbitrations, obtaining full dismissals in each case. 
    • Prevailed on behalf of an area general contractor in a multiparty discipline and discharge arbitration, where five union-represented employees sought seven figures in damages.
    • Assisted a franchisee in the service industry with defeating a union campaign, while at the same time helping the employer prevail on numerous unfair labor practice charges brought by the union.
    • Helped an area manufacturer prevail in a subcontracting arbitration, where the union involved sought over US$1 million in damages.
    • Represented an area business in a dispute involving over seven figures in alleged pension withdrawal liability, ultimately causing the opposing pension fund to withdraw its claims.
    • Defeated a union’s grievance in a complex contract interpretation arbitration, where the union was attempting to force a Midwest recycled metals processor to transfer employees to more highly compensated job classifications.
    • On behalf of a utility, blocked a union’s attempt to require employees at the utility’s new facility to automatically become union members, including by prevailing in dual litigation before the NLRB and a federal court.
    • Defeated a large-scale prevailing wage lawsuit that the US government brought against an area construction contractor on behalf of dozens of employees, by obtaining summary judgment for the contractor, and then helping the contractor protect the judgment during the government’s appeal.
    • Assisted a national retailer with winning a jury trial against a former employee, where the former employee sought over US$3 million in damages for alleged discrimination and retaliation.
    • Assisted a national employer in the service industry with navigating both a complex wage and hour collective action lawsuit and a concurrent government investigation into the employer’s wage and hour practices at over 20 locations.
    • Obtained summary judgment for an area manufacturer in a federal court lawsuit, where a former employee asserted that the employer violated its collective bargaining agreement by not providing the employee certain retirement benefits.
    • Prevailed on behalf of an area educational institution in a defamation lawsuit brought against several of its employees, concerning statements they made about another employee’s job performance.
    • Assisted employers with numerous collective bargaining negotiations, including employers in the heavy equipment, food service, metal processing, performance arts and manufacturing industries.
    • Represented an area manufacturer in over 15 unfair labor practice cases before the NLRB, with none resulting in the NLRB issuing a complaint.
    • Obtained dismissal for a Kentucky utility in a labor arbitration involving complex contract interpretation and past practice issues, where union-represented employees demanded increased pay rates for certain types of work.
    • Represented numerous businesses in collective bargaining negotiations, including businesses in the manufacturing, construction services and entertainment services industries.
    • Successfully represented numerous other businesses in labor matters, including in contract interpretation and discipline and discharge arbitrations, unfair labor practice cases, representation proceedings before the NLRB, and litigation involving “single employer” and “alter ego” issues.

    Education

    • The Ohio State University, J.D., 2009
    • Miami (Ohio) University, B.A., 2006

    Admissions

    • Ohio, 2017
    • Kentucky, 2009

    Courts

    • U.S. Supreme Court
    • U.S. Ct. of App., Sixth Circuit
    • U.S. Dist. Ct., S. Dist. of Indiana
    • U.S. Dist. Ct., E. Dist. of Kentucky
    • U.S. Dist. Ct., W. Dist. of Kentucky

    Memberships and Affiliations

    • American Bar Association, Labor & Employment Section
    • American Bar Association, NLRA Practice and Procedure Committee
    • Ohio Bar Association
    • Cleveland Metropolitan Bar Association
    • Kentucky Bar Association
    • American Inns of Court

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