Tom Winn, a Principal at Woods Rogers, is also the Co-Chair of the Labor and Employment Group, where his nationwide practice focuses on HR counseling, employment litigation, and traditional labor issues.

Best Lawyers in America named Tom as the 2016 Roanoke Lawyer of the Year for Labor Law-Management. Tom was named to the Roanoke Law Foundation Fellows Program in 2018. He is a past member of the Virginia Bar Association’s Board of Governors. He is serving presently on the Governance Committee for the VBA’s Board of Governors.

Tom advises management on HR issues ranging from discipline/discharge, workforce reductions, handbooks and agreements, harassment, discrimination and retaliation, wage/hour compliance, health and disability, employee leave and benefits, and unfair competition. Tom regularly represents employers regarding these issues before state and federal courts and administrative agencies, including the EEOC, DOL, and OFCCP. He has served as “first chair” counsel at both trial and appellate levels.

Tom also counsels and represents employers in union organizing and decertification campaigns, collective bargaining, grievances/arbitrations, NLRB litigation, strike management, and other issues under collective bargaining agreements. Tom has extensive experience representing government contractors with regard to collective bargaining and Service Contract Act issues. He has served as chief spokesman in union negotiations, and he has handled more than 100 labor arbitration cases.

Chambers USA recognized Tom in 2019 as a leading attorney in the Labor and Employment practice. Peers say “he is one of the most recognized traditional labor lawyers in Virginia.” He is recognized consistently by Best Lawyers in America in the following practice areas: Employment Law-Management, Labor Law-Management, and Litigation-Labor and Employment. He has been acknowledged in Virginia Business magazine as a Legal Elite, and as a Super Lawyer by Super Lawyers magazine. Tom has received an AV® Preeminent Rating and a Client Distinction Honor from Martindale-Hubbell, and a 10.0 Superb rating from Avvo.

Tom received his undergraduate degree from Duke University and graduated cum laude from the University of Richmond Law School where he was a member of the McNeill Law Society. A native of Roanoke, his community involvement has included the Roanoke Regional Chamber of Commerce, Boy Scouts of America, Opera Roanoke, Pathfinders for Greenways, and DePaul Community Resources, among many others.

Affiliations

American Bar Association—Labor and Employment Section; Development of the Law Under the NLRA Committee; Equal Employment Opportunity Committee

Virginia Bar Association—Governance Committee, Board of Governors (2018-present); Board of Governors (2015-2017); Labor & Employment Law Section; Member, Committee on Federal Judgeships–Western District; Former Young Lawyers Division Liaison to Labor & Employment Council

Virginia State Bar—Bar Exam Grader; Former Circuit Representative, Young Lawyers Conference

Virginia Association of Defense Attorneys—Employment Law Committee, Past Chairman

Roanoke Bar Association

Society for Human Resource Management (SHRM)—National, Appalachian, New River Valley, and Roanoke Valley (Va.) Chapters

Representative Cases

Employment Litigation

  • Hamden v. Total Car Franchising Corp., __ Fed. Appx. __, 2013 WL 613646 (4th Cir. 2013) (non-solicitation/non-disclosure restrictions)
  • Barber v. JTEKT Automotive Virginia, Inc., 2013 WL 871191 (4th Cir. 2013) (Title VII)
  • Local Union 978, Beckley Bargaining Unit of the Intern. Broth. Of Elec. Workers v. Appalachian Power Company, 2012 WL 3864016 (S.D.W.Va 2012) (LMRA Section 301)
  • Phillips v. StellarOne Bank, 2012 WL 3762448 (W.D.Va. 2012) (ADEA)
  • McCall v. American Elec. Power System Long Term Disability Plan, 2012 WL 2236669 (W.D.Va. 2012) (ERISA)
  • Hamden v. Total Car Franchising Corp., 2012 WL 5465011 (W.D.Va. 2012) (noncompetition/nonsolicitation agreement)
  • Barber v. JTEKT Automotive Virginia, Inc., 2012 WL 1577364 (W.D.Va. 2012) (Title VII)
  • Martin v. Yokohama Tire Corp., 2011 WL 836996 (W.D.Va. 2011) (ADA, FLSA)
  • Martin v. Yokohama Tire Corp., 2010 WL 5371341 (W.D.Va. 2010) (ADA, FLSA)
  • Tanaka v. ITT Corporation and IBEW, Local 1260 (AFL-CIO), 2007 WL 3129518 (D.Hawaii 2007) (LMRA Section 301);
  • Hale v. Broadspire Services, Inc., 232 Fed.Appx. 278, 2007 WL 1455142 (4th Cir. 2007) (ERISA);
  • Darden v. Cardinal Travel Center, 493 F.Supp.2d 773 (W.D.Va. 2007) (Title VII);
  • Bateman v. Therapeutic Innovations, Inc., 2007 WL 460828 (W.D.Va. 2007) (Title VII)
  • Hale v. American Elec. Power Ltd Plan, 2007 WL 664511 (4th Cir. 2007) (ERISA);
  • Peffer v. Emtech Laboratories, Inc., 2006 WL 3761625 (W.D.Va. 2006) (Title VII, Pregnancy Discrimination Act);
  • Hale v. Kemper Nat. Services, Inc., 2005 WL 3533416 (W.D.Va. 2005) (ERISA);
  • Hale v. Kemper Nat. Services, Inc., 2005 WL 3263054 (W.D.Va. 2005) (ERISA);
  • Moses v. Yokohama Tire Corp., 110 Fed.Appx. 340, 2004 WL 2291394 (4th Cir. 2004) (ADEA);
  • Thomas v. Goodyear Tire & Rubber Co., Inc., 31 Fed.Appx. 101, 2002 WL 376687 (4th Cir. 2002) (Title VII);
  • Glover v. Oppleman, 178 F.Supp.2d 622, 2001 WL 1453903 (W.D.Va. 2001) (Title VII);
  • E.E.O.C. v. Optical Cable Corp., 169 F.Supp.2d 539, 2001 WL 1272201 (W.D.Va. 2001) (Title VII);
  • Thomas v. Goodyear Tire & Rubber Co., 2001 WL 34790222 (W.D.Va. 2001) (Title VII);
  • Childress v. Appalachian Power Co., 230 F.3d 1351, 2000 WL 1294253(4th Cir. 2000) (ADA);
  • Childress v. American Elec. Power Co., 205 F.3d 1332, 2000 WL 219759 (4th Cir. 2000) (Title VII, ADA, ADEA, ERISA);
  • Bolinsky v. Carter Machinery Co., Inc., 69 F.Supp.2d 842, 1999 WL 1018667, 81 Fair FEP Cas. (BNA) 441 (W.D.Va. 1999) (ADA);
  • Childress v. Appalachian Power Co., 155 F.3d 558, 1998 WL 417278 (4th Cir. 1998) (ADA);
  • Scearce v. Halifax County, Va., Slip Copy, 1996 WL 500948 (4th Cir. 1996) (Section 1983);
  • Bennett v. Federal Paper Bd. Co., 73 F.3d 356, 1995 WL 756349 (4th Cir. 1995) (Title VII);
  • Cole v. Appalachian Power Co., 903 F.Supp. 975, 1995 WL 684636 (S.D.W.Va. 1995) (Title VII)

Labor Arbitrations and NLRB Proceedings

  • Appalachian Power Co. and IBEW, Local 978, 2012 WL 8134437 (Sergent, 2012) (suspension)
  • ITT Industries Night Vision, Roanoke, Virginia Plant and IUE/CWA Local 82162, 126 Lab. Arb. (BNA) 1252 (Heekin, 2009) (discharge);
  • ITT Corporation, Systems Division, Ft. Benning and Columbus Metal Trades Council and IBEW Local 613, 125 Lab. Arb. (BNA) 402 (Holley, 2008) (discharge);
  • American Electric Power company (Appalachian Power Company, Bluefield, WV and Individual Grievant, 123 Lab. Arb. (BNA) (Trotter, 2007) (discharge);
  • Yokohama Tire Corporation and United Steelworkers, 2007 WL 8029447 (Sergent, 2007) (discharge)
  • ITT Industries Night Vision, Roanoke, Virginia Plant and IUE/CWA Local 82162, 118 LA (BNA) 1504 (Cohen, 2003) (rescission of resignation);
  • Kentucky Power Company, American Electric Power Corp. and IBEW Local 978, 2003 WL 23182290 (Harlan, 2003) (supervisor performing unit work);
  • ITT Industries Night Vision, Roanoke, Virginia Plant and IUE Local 162, 118 LA (BNA) 437 (Duff, 2003) (discharge);
  • Yokohama Tire Corp. and USWA Local 1023, 117 LA (BNA) 5 (Sergent, 2002) (discharge);
  • Yokohama Tire Corp. and USWA Local 1023, 117 LA (BNA) 509 (Sergent, 2002) (discharge);
  • Appalachian Power Company and Individual Employee, 2001 WL 574288 (Heekin, 2001) (discharge);
  • American Electric Power and IBEW Local 978, 114 Lab. Arb. (BNA) 501 (Hewitt, 2000) (discharge);
  • Appalachian Power Company and Individual Grievant, 2000 WL 36098337 (Heekin, 2000) (discharge)
  • Appalachian Power Company, Philip Sporn Plant, and UMWA District 17, Local 5396, 1997 WL 1068767 (Hewitt, 1997) (discharge);
  • Appalachian Mach. and Rebuild Co., 317 NLRB 1343, 151 L.R.R.M. (BNA) 1088 (1995) (discharge)

Featured Posts

Speaking Engagements

Richmond SHRM | HR on Mock Trial: Romance Gone Wrong (Allegedly) | September 19, 2019

MSCUA Annual Meeting | Hot Topics in Employee Handbooks | May 16, 2019

Virginia SHRM Annual Conference | Employment Law Update | April 8, 2019

Virginia Credit Union League Annual Meeting | Human Resources Hot Topics | April 3, 2019

Richmond SHRM | Legal Update | February 21, 2019

Mississippi Credit Union Association | MSCUA HR Training | February 12, 2019

Roanoke SHRM | Legal Updates Panel | January 22, 2019

Conference for Virginia Magistrates | #MeToo & Harrassment, Employment Law Update | December 5, 2018

Conference for Virginia Magistrates | #MeToo & Harrassment, Employment Law Update | November 28, 2018

Credit Union Collaborative: IN, KY, LO, MI, TN, VA, WVA | HR University for Credit Union HR Professionals | September 25, 2018

Richmond SHRM | HR on (Mock) Trial: Racial Discrimination | September 20, 2018

VA District Judges Summer Meeting | Harassment | August 7, 2018

VA Circuit Court Clerks | FMLA and ADA | June 6, 2018

Virginia Employment Commission | Wage & Hour, FLSA, and FMLA | May 15, 2018

VA State SHRM Annual Meeting | Federal Agency Developments in the New Trump Era: What’s New at the EEOC, DOL, and NLRB | April 23, 2018

Association of Clerks of the District Courts of Virginia 28th Annual Meeting | Employment Law 101 | HR, Diversity, Harassment, Sexual Orientation | April 16, 2018

North Carolina ALA Chapter Education Conference | Updates from the EEOC and DOL | March 13, 2018

Richmond SHRM: Legal Update | Sexual Harassment is Unlawful! | February 13, 2018

SEMINARS + EVENTS

HR University for Credit Unions | Nov. 12-14, 2019

2019 Labor and Employment Seminar Series | October 2 - November 5

37th Annual Labor & Employment Seminar Series | September 20, 2018

Recognition

Thirty-nine Woods Rogers Attorneys Recognized by The Best Lawyers in America for 2020 | August 16, 2019

Five Woods Rogers Attorneys Recognized by Chambers USA | May 24, 2019

Twenty-two Woods Rogers Attorneys Named 2019 Virginia Super Lawyers | April 11, 2019

Virginia Business Names 26 Woods Rogers Attorneys as 2018 “Legal Elite” | December 5, 2018

Thirty-nine Woods Rogers Attorneys Recognized by The Best Lawyers in America | August 16, 2018

Twenty-three Woods Rogers attorneys awarded honors by Virginia Super Lawyers Magazine | April 20, 2018

Twenty-four Woods Rogers Attorneys Named by Virginia Business as 2017 “Legal Elite” | December 1, 2017

Thirty-six Woods Rogers Attorneys Are Recognized by Best Lawyers in America | August 15, 2017

Twenty-one Woods Rogers attorneys awarded honors by Virginia Super Lawyers Magazine | May 1, 2017

Twenty-seven Woods Rogers attorneys named by Virginia Business as 2016 “Legal Elite” | December 5, 2016

Thirty Woods Rogers Attorneys Recognized as 2017 The Best Lawyers in America | August 16, 2016

Twenty-two Woods Rogers Attorneys Awarded Honors by Virginia Super Lawyers Magazine | April 7, 2016

Thirty Woods Rogers Attorneys Recognized as 2016 Best Lawyers in America | August 19, 2015

Best Lawyers Names Woods Rogers Attorneys as “Lawyer of the Year” in Roanoke, Va. | August 18, 2015

Twenty-Two Woods Rogers Attorneys Awarded Honors by Virginia Super Lawyers Magazine | April 9, 2015

Thirty-four Woods Rogers Attorneys Recognized as 2015 Best Lawyers in America | August 22, 2014

20 Woods Rogers Attorneys Recognized as Virginia Super Lawyers or Rising Stars | July 10, 2014

33 Attorneys Named Best Lawyers in America 2014 | August 15, 2013

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