Todd A. Lyon | Barran Liebman LLP

Todd A. Lyon
Partner

Barran Liebman LLP
601 SW 2nd Avenue, Suite 2300
Portland, Oregon 97204

Direct Dial: 503-276-2194
Fax: 503-274-1212

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Todd Lyon has been a labor lawyer for over 15 years, representing public and private sector employers in labor negotiations, labor arbitrations, and employment litigation. Todd is a skilled negotiator who bargains pro-employer collective bargaining agreements, subcontracting agreements, and facility closure agreements. He regularly assists clients with the interpretation of collective bargaining agreements and disciplinary matters so as to avoid grievances. However, if the grievance is advanced to arbitration, Todd has conducted hundreds of arbitration hearings with superior results concerning virtually every aspect of contract interpretation, discipline, union security, and interest arbitration. Todd has also successfully litigated before the National Labor Relations Board and state labor boards in both representation and unfair labor practice hearings. Finally, Todd has extensive experience in benefits litigation by defending against contribution claims and withdrawal liability demands.

Todd is a regular speaker at industry conferences, continuing legal education programs, universities, law schools, and client training programs concerning a variety of labor and employment law topics. He also enjoys writing on labor and employment law topics. Since 1998, he has been a Chapter Editor of The Developing Labor Law, the nation's leading labor law treatise. Todd has also served as a Chapter Editor for Oregon's public sector labor law treatise, Labor and Employment Law: Public Sector. He has also authored an article published in the Illinois Bar Journal concerning physicians' rights to collectively bargain.

Professional Experience, Affiliations, and Civic Activities

American Arbitration Association - Employment Law Arbitrator
Labor and Employment Relations Association - Oregon Chapter Board Member, 2010-present
Oregon Public Employer Labor Relations Association - Vice President, 2011-present
State of Oregon Employment Relations Board - Opinion Evaluation Committee Co-Chair, 2012-Present; Rule Advisory Committee Member, 2012-Present
Classroom Law Project - Board of Directors, 2012-present; Oregon High School Regional & State Mock Trial Judge, 2008-present
Rose Villa Foundation, Inc. - Board of Directors, 2010-present

Honors

Listed in Oregon Super Lawyers as a Rising Star, 2011
Received AV® Preeminent^™ rating by his legal peers at Martindale-Hubbell

Representative Publications

“Privatize Public Sector, Bridge a Gap,” Daily Journal of Commerce, April 26, 2013
Quoted in Union Presents List of Demands Including Higher Wages, More Vacation, Statesman Journal, February 22, 2013
"Another Mandatory Arbitration Agreement Falls Victim To NLRB's Overreach," Barran Liebman Electronic Alert, January 11, 2013
"NLRB Fills Union Stockings with Gifts for Years to Come," Barran Liebman Electronic Alert, December 21, 2012
"Reviewing Your Employee Handbook and Work Rules: Bringing "At-Will" Policies and Restrictions on Non-Work Discussions into Line with the NLRB," Barran Liebman Electronic Alert, November 6, 2012
"Public Sector Employee Strikes and Interest Arbitration: As American as Baseball and Air Traffic Controllers?" Daily Journal of Commerce, September 28, 2012
"Wisconsin's Public Sector Bargaining Reform Is Struck Down," Barran Liebman Electronic Alert, September 19, 2012
"US District Court Delivers Another Blow to NLRB," Barran Liebman Electronic Alert, September 7, 2012
"Labor Arbitrator Rejects Firefighters' Request for More Money," Barran Liebman Electronic Alert, August 28, 2012
"NLRB Interferes with Employers' Workplace Investigations," Barran Liebman Electronic Alert, August 7, 2012
"Public Sector Labor Relations: Oregon," XpertHR.com, July 2012
"Union Organization and Labor Relations: Oregon," XpertHR.com, July 2012
"Examining the Changes in Public Sector Bargaining Statutes," Cascade Business News, June 12, 2012
"Public Sector Collective Bargaining in 2011: What a Long Strange Year It’s Been," Connections, the National Public Employer Labor Relations Association Newsletter, June 2012
“National Labor Relations Board’s Rule for ‘Quickie’ Union Elections is Rejected,” Daily Journal of Commerce, May 24, 2012
"Update: U.S. District Court Declares NLRB Notice Posting Unenforceable," Barran Liebman Electronic Alert, April 17, 2012
"U.S. District Court Declares NLRB Notice Posting Unenforceable," Barran Liebman Electronic Alert, April 16, 2012
"We Didn't Start The Fire: Two New BOLI Decisions Concerning Firefighters' Overtime & Minimum Wages for Volunteers," Barran Liebman Electronic Alert, January 31, 2012
Guest Columnist for "You Always Remember Your First Time," Briefly Legal PDX, December 22, 2011.
"Work Performed in California for a California-based Employer Requires Compliance with California's Overtime Laws," Barran Liebman Electronic Alert, December 15, 2011
"The Developing Labor Law," Chapter Editor, 1998-present
"Oregon Labor and Employment Law: Public Sector," Oregon State Bar Chapter Editor, 2012
"Union Docs: The AMA, the HMOs, and Physicians' Rights to Collectively Bargain," Illinois Bar Journal, 2001

Featured Presentations

2013

Managing Social Media Legally - Yakima Valley Human Resources Association
Revised I-9 Form Training - Yakima Valley Human Resources Association
Sex, Drugs, and Rock 'N' Roll at the Ole Ranch, Discussion Moderator - 2013 NPELRA Annual Training Conference
When Diet & Exercise Are Not Enough: Effective Strategies and Tips For Concession Bargaining - NPELRA Annual Training Conference
NPELRA Labor Academy I: The Foundation of Labor Relations
It’s Not Your Father’s NLRB: Today’s Board Targets Non-Union Employers and Changes the Rules In Favor of Unions – Barran Liebman Seminar
Managing Social Media Legally – Oregon Employer Council in La Grande, Baker City, and Ontario, OR.
NLRB Cases and Issues, Panelist –Oregon LERA's Public/Private Employment Relations Conference
Performance-Enhancing Practices for Employers: Decreasing Employee Absences and Increasing Productivity - Barran Liebman Seminar
NPELRA Labor Academy II: The Grievance Arbitration Process - Portland, OR
Making that Employee Handbook Work for You - Special Districts Association of Oregon 2013 Annual Conference
Why Can't We All Just Get Along? Managing and Reducing Workplace Conflict - Labor and Employment Relations Association, Oregon Chapter
Oregon Fire Chief’s Round Table Discussion, Panel Member

2012

2012 Caselaw Update, Bureau of Labor and Industry Annual Employment Law Conference
Retaliation and Employee Handbooks - Willamette Valley Higher Education HR Consortium
No Good Deed Goes Unpunished! - Oregon State Public Employer Labor Relation Association Annual Meeting
Ending on a High Note: How to Prepare and Present a Winning Closing Argument in Labor Arbitration - American Arbitration Association University in Honolulu, HI and Sacramento, CA
What Happens in Vegas, Doesn’t Stay in Vegas: Discipline for Off-Duty Misconduct – Barran Liebman LLP Annual Employment, Labor & Benefits Law Seminar
Effective Discipline and Discharge- Oregon Refuse & Recycling Association Fall Convention
Can’t We All Just Get Along? How to Reduce Workplace Conflict and Successfully Achieve Resolution - The 2012 Oregon Public Transportation Conference
Confessions of a Former Union Lawyer - National Public Employer Labor Relations Association Webinar
Yes, Those Labor Laws DO Apply to You! What Every 'Non-Union' Employer Needs to Know About the National Labor Relations Act – Barran Liebman Central Oregon Breakfast Seminar Series; Oregon Employers Council; Barran Liebman Food For Thought Breakfast Seminar Presented by Barran Liebman and Boly:Welch
Vocation Voodoo: Demystifying Words and Phrases Used in the Workplace - Leading Age Oregon's 2012 Annual Conference
Striking Teachers, as heard on Oregon Public Broadcasting’s Think Out Loud
Public Sector Labor and Employment Law Update - STATE 9-1-1/APCO/NENA Annual Training Conference
Managing Social Media Legally - STATE 9-1-1/APCO/NENA Annual Training Conference; Oregon Employers Council
Teacher Strike, as heard on Oregon Public Broadcasting’s Think Out Loud
Ask the Arbitrator, Panel Member – University of Oregon Labor Education and Research Center, Public Employment Relations Conference
Gazing Into the Crystal Ball: Correctly Interpreting a Collective Bargaining Agreement– Rogue Valley Public Service Academy
Navigating the Stormy Seas: How to Negotiate a Collective Bargaining Agreement that Won’t Sink– Rogue Valley Public Service Academy
NPELRA Labor Relations Academy Program, Academy 1: The Foundation of Labor Relations - Portland, OR
Money, Money, Money… Wage & Hour Legal Landscape – Guest Lecturer for Employment Law II, Lewis & Clark Law School
Current State of Labor Relations - Guest Lecturer for Portland State University

2011

Labor Arbitration Advocacy - Oregon Public Employer Labor Relations Association (ORPELRA)
Panel on Employment and Union Issues: Labor Law for Non-Union Employers - Washington Refuse and Recycling Association Christmas Meeting
Haggling In Hard Times: Collective Bargaining During the Recession - Oregon Fire District Directors Association and Oregon Fire Chiefs Association
Managing Social Media Legally - Oregon Transit Association; Oregon Employer Council Speaker Showcase; Yakima Valley Human Resources Association; Western Region International Public Management Association for Human Resources Conference
Can I Get A Witness? Working With Witnesses in Labor Arbitration - American Arbitration Association University in Sacramento, CA and Honolulu, HI
Surviving the Slump: Making Smart and Fair Employment Decisions During The Recession - Oregon State Bar and Government Law Section
Effective Discipline and Discharge Training - Oregon Alliance of Senior and Health Services
Discipline in the Age of Social Media: Skills Training for A Successful Arbitration - American Arbitration Association University, PGE, and Oregon Labor & Employment Relations Association
In the Trenches: Countering Union Organizing - Lewis & Clark Law School Guest Lecturer, Labor Law Class
Solution to Resolution in Collective Bargaining - Breakfast Seminar for Oregon Labor and Employment Relations Association

2010 & Prior

Confessions of a Former Union Lawyer - Local Government Personnel Institute
Labor Education and Research Center, University of Oregon, Public Employment Relations Conference, Panelist on Leading PECBA Cases of 2009-2010
Employee Free Choice Act and Other Legislative Efforts to Make Organizing Easier - Young Presidents Organization
Public Sector Labor and Employment Law Update - Association of Oregon Counties
Spinning Your Wheels: The Nuts and Bolts of Transit Interest Arbitration - Oregon Transit Association
Keeping Your Workplace Clean: How to Establish and Maintain a Positive Work Environment - Oregon Refuse and Recycling Association
Legal Ethics: Can Lawyers Be Ethical? - Guest Lecturer for Law & Ethics, Western Washington University
Discrimination on the Basis of Union Activities - Guest Lecturer for Labor Relations, Western Washington University

Practice Areas

Bar Admissions

Oregon
Washington
U.S. District Courts, District of Oregon and Western and Eastern Districts of Washington
U.S. Court of Appeals, Ninth Circuit

Academics

J.D., Hamline University School of Law (1997), cum laude
B.A., Saint Norbert College (1994), magna cum laude

Todd A. LyonPartner