Overview

Nelson McKown joins us from a national law firm where he began his legal career focusing on significant traditional labor matters and representing companies in employment-related litigation in state and federal courts. He guides companies through union organizing campaigns, unfair labor practice charges, issues with collective bargaining negotiations and related supervisory training, and represents companies before the National Labor Relations Board.

Nelson also focuses his practice on defending employers and supervisors in a broad range of employment-related litigation including discrimination, harassment, retaliation, wrongful discharge, contract and tort claims. He has extensive experience handling issues under the ADA, FLSA, FMLA, NLRA and the WARN Act.

Nelson is a huge sports fan, especially college football and basketball, and he’s a diehard West Virginia University fan. One of his “bucket list” goals is to see all 134 NCAA Division I football teams play live.

NOT ADMITTED TO PRACTICE IN NORTH CAROLINA

Areas of Focus

Credentials

Recognition

  • West Virginia Super Lawyers – Employment & Labor Rising Star (2022-2024)

Education

  • West Virginia University College of Law, J.D., 2020
    • U.S. Supreme Court Clinic
    • Mountain Honorary
    • Merit Scholarship Recipient
  • Washington & Jefferson College, B.A., 2017
    • NCAA Division III, Baseball

Bar & Court Admissions

Experience

  • Successfully guided manufacturing employers through complex union organizing campaigns as lead counsel and subsequent Representation Hearings before the National Labor Relations Board.
  • Successfully obtained dismissal from a multitude of union unfair labor practice blocking charges in a successful decertification election for a coal company.
  • Represented hospitals in contentious union organizing campaigns by planning and implementing successful campaign strategies.
  • Defend employers and supervisors against employment claims, including, without limitation, claims of discrimination, wrongful discharge and retaliation.
  • Successfully obtained summary judgment in federal district court defending against age, disability and FMLA discrimination claims for an industrial storage company.
  • Successfully obtained summary judgment in federal district court in a collective bargaining dispute related to the arbitrability of union retiree benefits.
  • Played a key role in the passage of business-friendly legislation by lobbying and testifying before the West Virginia Legislature.

Insights

  • Speaking Engagement
    Co-Presenter, "Today's Employee Organizing: What HR Professionals and Corporate Counsel Need to Know, and Do, Now!," Smith Anderson's 32nd Annual Employment Law Update, Cary, N.C.
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  • Speaking Engagement
    Panelist, "Multi-State Madness and Other Hot Topics in Employment Law," Smith Anderson's 32nd Annual Employment Law Update, Cary, N.C.
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  • Press Release
    Smith Anderson Welcomes Six Attorneys to Firm
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Events & Programming

  • Co-Presenter, "Today's Employee Organizing: What HR Professionals and Corporate Counsel Need to Know, and Do, Now!," Smith Anderson's 32nd Annual Employment Law Update, Cary, N.C.
    Speaking Engagement
  • Panelist, "Multi-State Madness and Other Hot Topics in Employment Law," Smith Anderson's 32nd Annual Employment Law Update, Cary, N.C.
    Speaking Engagement
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