Steven M. Moss

Represented employers in mediation of all types of employment disputes.

Provided medium and large group training to management personnel of private sector and non-profit employers on union avoidance, supervisory training, performance management, sexual and other unlawful harassment, and employment law compliance.

Regularly advises employer clients on matters concerning compliance with federal and state employment laws, including Title VII, FMLA, ADA, ADEA, WARN, OSHA and under the NLRA.

Represented $30 billion publicly-held multinational corporation in its acquisition of a unionized manufacturing concern. Developed labor strategy for acquisition and negotiated a new management- friendly collective bargaining agreement with the IAM, obtaining major economic and operational concessions resulting in post-acquisition increase in profitability.

Represented employers in arbitration cases over union employee discipline and discharge, union contract interpretation and senior executive compensation disputes.

Experienced first chair labor negotiator who has negotiated collective bargaining agreements for employers all over the country with most major unions, including the United Steelworkers, United Auto Workers, Teamsters, International Association of Machinists, International Union of Operating Engineers, United Brotherhood of Carpenters, Service Employees International Union, Hotel Employees Restaurant Employees Union, United Paperworkers International Union and Sheet Metal Workers Association. Has negotiated contracts for employers in a wide range of industries, including manufacturing, retail, health care, chemical, service, communications and technology.

Defended employers in Department of Labor and other federal and state agency investigations concerning alleged violations of wage and hour laws, Family Medical Leave Act.

First chair litigator of numerous representation and unfair labor practice cases before the National Labor Relations Board.

Represented large manufacturer of railroad track and rail products as lead negotiator with United Steelworkers for new concessionary collective bargaining agreement for company’s plant located in southwest Colorado. Obtained 25% wage reductions and significant benefit cost reductions, as well as the elimination of numerous restrictive work rules and contract language limiting management’s flexibility.

Represented a large unionized Missouri manufacturer in arbitration against the Teamsters over the discharge of a union employee. Obtained decision in the employer’s favor sustaining the discharge and dismissing the grievance in its entirety.

Litigated single plaintiff and class action employment cases in federal and state courts including cases involving claims of discrimination and retaliation based on age, race, religion, gender, national origin, and disability, whistleblower retaliation, sexual harassment, violations of FLSA, WARN Act and FMLA, wrongful discharge, constructive discharge, fraud, defamation, and breaches of contract, non-competition/non-solicitation/confidentiality.

Represented large manufacturer of specialty paper products as lead negotiator with United Steelworkers for concessionary collective bargaining agreement for Company’s plant located in upstate N.Y. Obtained significant wage and benefit reductions, including elimination of costly retiree medical benefits and multi-employer pension plan and established second tier reduced wage scale. Negotiated to impasse with USW and implemented new contract terms. Successfully prevailed in defending company against all unfair labor practice charges filed with NLRB in connection with matter.

Represented Worldpay in its acquisition of Moneris Solutions, Inc. from Moneris Solutions Corporation for $425 million.

Defended employers against charges of discrimination filed with the EEOC and state civil rights agencies all over the country based on age, gender, race, disability, religion, national origin, equal pay, pregnancy, sexual harassment, and retaliation.

Successfully represented a large publicly-held steel company in a union representation election campaign against the IBEW in Kentucky. As lead counsel, developed and executed a strategy to contest the supervisory status and inclusion of a potentially decisive group of employees in the voting unit petitioned by the union and litigated the supervisory status of the challenged employees to a successful outcome in a multi-day hearing before NLRB. Developed and conducted a comprehensive union avoidance campaign, which ultimately resulted in the rejection of union representation by a significant margin.‬

Representing HighTower Holding in its acquisition of Wealth Trust, a Houston-based RIA aggregator, with over $6 billion in client assets.

Defended an energy services company in a “bet the company” case originally brought in an Ohio state court on claims for breach of contract for the sale of the company, wrongful discharge and fraud. After obtaining a dismissal of all claims from the trial court, won on appeal and obtained a judgment upholding the trial court’s dismissal of the claims.

Guided a large publicly-held multi-national chemical company through an extensive reduction-in-force and subsequent closure, which involved plants in multiple states and WARN implications.

Led over 20 successful union organizing and representation election campaigns from start to finish – win rate over 90%; Developed day to day pre-election campaigns, including speeches, campaign materials, strategy, supervisory training, and strategic voting unit creation for employers in various industries, including manufacturing, health care, retail, and construction.

In litigation before the NLRB, obtained dismissal of an unfair labor practice charge which enabled a decertification election to proceed in timely manner. The Communication Workers of America Union filed a blocking charge with the NLRB in an attempt to thwart a decertification petition. By successfully refuting the union’s position at hearing that the petition was barred by an automatic extension of the parties’ collective bargaining agreement, the NLRB dismissed the Union’s charge which allowed the decertification election to continue and gave employees the right to vote regarding union representation.

Represented a professional dental group in a lawsuit it filed against a dentist who it alleged violated her non-competition and non-solicitation agreement and misappropriated Plaintiff’s trade secrets when she went to work for a competitor dental practice. The dental group additionally asserted claims against the dentist and her new employer for interference with contractual rights and business relationships. The dental group obtained a favorable monetary settlement on the eve of trial and various other protections for the dental group client.

Represented the CEO and COO of an automotive products manufacturer during its acquisition by a private equity firm in connection with their employment agreements as well as their investments in the company.

Represented Gridiron Capital Partners in its initial platform acquisition of Jacent Strategic Merchandising, a provider of strategic impulse, in-line and check stand, merchandising products and solutions to retailers.

Represented logistics service provider in employee non-compete dispute.

​Represented the buyer in its acquisition of a manufacturer and distributor of piston sealing, retaining and snap rings.

Represented Watkins Associated Industries, Inc. in its acquisition of Nova Engineering and Environmental, LLC, a provider of environmental consulting and engineering and construction testing and inspections services.