Tom is a principal at Woods Rogers Vandeventer Black (WRVB) and Co-chair of the firm’s Labor & Employment practice group. Tom’s nationwide practice focuses on traditional labor/management issues, HR counseling, and employment litigation.
Tom devotes much of his attention to labor/management relations and NLRB matters. Peers have commented that “he is one of the most recognized traditional labor lawyers in Virginia.” He represents employers across the country in collective bargaining, grievances/arbitrations, NLRB litigation, union organizing and decertification campaigns, strike management, and other issues under collective bargaining agreements. Tom has extensive experience representing government contractors regarding collective bargaining, labor arbitrations, Service Contract Act compliance, and related issues. He regularly serves as chief spokesman in union negotiations and has handled more than 100 labor arbitration cases.
Outside traditional labor matters, Tom’s practice embraces the full range of labor and employment issues ranging from discipline/discharge, workforce reductions, handbooks and agreements, discrimination, harassment, and retaliation, wage/hour compliance, health and disability, employee leave and benefits, and unfair competition. He represents employers before state and federal courts and administrative agencies, including the NLRB, EEOC, DOL, and OFCCP. Tom, along with Patice Holland, prevailed against the EEOC in a jury trial of a Title VII sexual harassment claim, obtaining a defense verdict on all counts.
Best Lawyers in America named Tom as the 2022 Roanoke Lawyer of the Year for Litigation – Labor & Employment and previously has named him Roanoke Lawyer of the Year for Labor Law‑Management and Employment Law‑Management. Tom is a Fellow in the Roanoke Law Foundation and a past member of the Virginia Bar Association’s Board of Governors. He currently serves on the Governance Committee for the VBA’s Board of Governors and the Roanoke City Manager’s Economic Advisory Panel.
Chambers USA ranks Tom as a leading Virginia attorney in the Labor and Employment practice area. Tom has been recognized by Best Lawyers in America since 2004 and is cited in the following practice areas: Labor Law – Management, Employment Law – Management, and Litigation – Labor and Employment. He has been acknowledged in Virginia Business magazine as a Legal Elite, by Virginia Lawyers Weekly as a “Go To Lawyer” for Employment Law, and named to the Virginia Super Lawyers list. 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 and the Client Counseling and Negotiations Board. A native of Roanoke, Tom’s community involvement has included the Roanoke Regional Chamber of Commerce, Boy Scouts of America, Opera Roanoke, Pathfinders for Greenways, DePaul Community Resources, and the American Red Cross of Southwest Virginia, among many others. Tom was named to the 2020-21 Pro Bono Service Honor Roll by the Virginia Access to Justice Commission.
Thought Leadership
Publications
An Employment Law Guide: Employee Rights and Employer Responsibilities in Virginia (2021), Co-editor
Employment Law in Virginia (2020), Co-editor
Representative Matters
Employment Litigation
- Meadows v. Northrop Grumman Innovation Systems, Inc., 436 F.Supp.3d (W.D.Va. 2020) (state law employment and related claims removed to federal court)
- Lee v. Belvac Prod. Mach., Inc. No. 6:18-CV-00075, 2020 WL 3643133 (W.D. Va. July 6, 2020) (obtained summary judgment in Equal Pay Act and Title VII gender discrimination/wage bias claim)
- U.S. Equal Employment Opportunity Commission v. Appalachian Power Co., 2019 4644549 (W.D.Va. 2019) (Title VII sexual harassment and retaliation claims; partial summary judgment followed by jury verdict for defense)
- Clehm v. BAE Systems Ordnance Systems, Inc., 786 Fed. Appx. 391, 2019 WL 479815 (4th Cir. 2019) (Title VII sexual harassment and related state law claims)
- Clehm v. BAE Systems Ordnance Systems, Inc., 2016 WL 3996165 (W.D.Va. 2016) (Title VII sexual harassment and related state law claims)
- 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)
Attorney Perspectives
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Open Registration: HR2023 Back on Track: WRVB’s 42nd Annual Labor & Employment Seminars
September 22, 2023 -
Do Employers Have to Comply with Federal OSHA’s Vaccine-or-Test Mandate Right Now?
January 13, 2022 -
COVID-19 Legal Round Up and Looming 2022 Deadlines
December 21, 2021 -
Seven Things To Know About The Biden NLRB’s New “Road Map”
September 23, 2021 -
Executive Orders and Vaccine Mandates
September 15, 2021 -
Recent Changes to Virginia’s Final Permanent Standard for COVID-19
September 15, 2021 -
Can Employers Follow CDC’s “Vaccination or Mask” Rule?
May 25, 2021 -
Public Sector Unions Are Coming to a Town Near You
February 9, 2021 -
Can Employers Require Employees to be Vaccinated Against COVID-19? (Coronavirus and the Law)
December 14, 2020 -
Collective Bargaining for Public Employees Arrives in the Commonwealth—Virginia HB 582
September 16, 2020
Speaking Engagements
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Virginia Association of Community Service Boards HR Council | 2023 Legal Update
October 5, 2023 -
HR Virginia 2023 Annual Conference | Staying Fresh: Federal & State Legal Updates
April 25, 2023 -
Clerks of the District Courts of VA Spring Conference | Leadership Skill Building Seminar
April 3, 2023 -
Mississippi Credit Union Association | Labor & Employment Training
December 21, 2022 -
Lynchburg Bar Association | Virginia’s Labor Laws & Collective Bargaining
September 30, 2022 -
Mississippi Credit Union Association | Labor & Employment Training
August 24, 2022 -
Mississippi Credit Union Association | Labor & Employment Training
June 30, 2022 -
Mississippi Credit Union Association | Legal Developments in Labor & Employment
February 24, 2022 -
HR Virginia Annual Conference 2021 | Employment Law 2021: New Administration, New Agency Developments, Case Studies and a Look Forward
April 12, 2021 -
Local Government Attorneys of Virginia Spring Conference | Collective Bargaining
March 26, 2021 -
IPMA-Va Spring Conference | 2021 Legal Updates
March 23, 2021 -
Virginia Association of Community Service Boards HR Leadership | Virginia’s New Employment Laws
October 30, 2020 -
American Counsel of Engineering Companies of Virginia | HR Roundtable – Virginia’s New Workplace Laws: What’s Here and What’s Coming?
August 26, 2020 -
Tennessee Credit Union Association | CEO Update
May 7, 2020 -
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
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Stronger Together: WRVB 2022 Labor & Employment Seminars
October 6 - October 24, 2022 -
40th Annual Labor & Employment Webinar Series
October 7 – November 4, 2021 -
HR LifeLine: 2020 Labor & Employment Webinar Series
Every Thursday in October, 2020 -
HR University for Credit Unions
Nov. 12-14, 2019 -
2019 Labor and Employment Seminar Series
October 2 - November 5, 2019 -
37th Annual Labor & Employment Seminar Series
September 20 - October 17, 2018
Recognition
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Best Lawyers in America Recognizes 70 WRVB Attorneys
August 17, 2023 -
Twelve WRVB Attorneys Named “Lawyer of the Year” for Roanoke and Norfolk
August 17, 2023 -
Seven WRVB Attorneys and Three Practice Groups Ranked by Chambers USA
June 1, 2023 -
Thirty-Seven WRVB Attorneys Named to 2023 Virginia Super Lawyers and Rising Stars List
May 1, 2023 -
70 WRVB Attorneys Named to 2022 “Legal Elite”
November 29, 2022 -
WRVB Attorneys Make Major Showing in Best Lawyers in America
August 16, 2022 -
Six Woods Rogers Attorneys and Three Practice Groups Ranked by Chambers USA
June 1, 2022 -
Eighteen Woods Rogers Attorneys Named to 2022 Virginia Super Lawyers or Rising Stars Lists
May 5, 2022 -
26 Woods Rogers Attorneys Named “Legal Elite” or “Rising Stars”
December 1, 2021 -
Four Woods Rogers Attorneys Named Lawyer of the Year for Roanoke
August 19, 2021 -
Forty-four Woods Rogers Attorneys Recognized by Best Lawyers for 2022
August 19, 2021 -
Six Woods Rogers Attorneys and Two Practice Groups Ranked by Chambers USA
May 24, 2021 -
Sixteen Woods Rogers Attorneys Are 2021 Virginia Super Lawyers or Rising Stars
May 6, 2021 -
31 Woods Rogers Attorneys Listed as “Legal Elite” and “Rising Stars”
November 30, 2020 -
Five Woods Rogers Attorneys Named a Roanoke Lawyer of the Year
August 24, 2020 -
Forty-one Woods Rogers Attorneys Recognized by The Best Lawyers in America for 2021
August 20, 2020 -
Six Woods Rogers Attorneys Ranked by Chambers USA
April 27, 2020 -
Eighteen Woods Rogers Attorneys Selected as 2020 Virginia Super Lawyers
April 15, 2020 -
“Legal Elite” Ranking Lists 30 Woods Rogers Attorneys
December 10, 2019 -
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