Mr. Cary is a partner in the Vorys Columbus office and a member of the labor and employment group.  He represents management in a broad range of labor and employment matters, including advising employers on union elections and unfair labor practice proceedings before the National Labor Relations Board, negotiating union contracts, and defending labor contract arbitration proceedings.  He also counsels employers on compliance with, and defends employers in litigation arising out of, the Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), Title VII, Age Discrimination in Employment Act (ADEA), Fair Labor Standards Act (FLSA), and similar state laws.

Career highlights include:

• Negotiating union contracts in the manufacturing and retail sectors
• Providing labor contract interpretation advice and arbitration representation for a large acute care hospital
• Counseling employers in many industries regarding union organization activity or election campaigns
• Defending a Fortune 500 company in a multi-plaintiff race discrimination and racial harassment lawsuit in federal court
• Defending an employer in a lawsuit brought by the United States Equal Employment Opportunity Commission (EEOC) alleging racial discrimination and racial harassment against multiple individuals
• Defending numerous single plaintiff employment discrimination claims
• Prosecuting and defending lawsuits regarding covenants not to compete and trade secrets

Mr. Cary is a member of the Ohio Bar Association and the District of Columbia Bar and is an associate member of the Virginia Bar Association. 

Mr. Cary has spoken at numerous seminars on a variety of topics, including complying with the Americans with Disabilities Act, the employment-at-will doctrine, employment agreements, managing difficult employees, and enforcing disciplinary action.  He also has conducted training on union avoidance and positive employee relations, avoiding sexual harassment, and other forms of unlawful harassment, conducting internal investigations, maintaining positive employee relations, and conducting internal investigations.

Mr. Cary received his J.D. summa cum laude from Washington and Lee University School of Law where he was a member of the Order of the Coif.  He received his B.A. summa cum laude from Albion College.

Mr. Cary clerked for the Honorable Jackson L. Kiser, Chief Judge of the Western District of Virginia.

Publications

• “Labor Relations Board Spells Out Supervisory Role for Charge Nurses,” Business First, January 26, 2007
• “Employee Handbooks and Labor Law,” Smart Business, April 2005 (Cleveland)
• Nelson D. Cary & Robert W. Conley, “Maintaining Employment at Will,” Business First, Personnel Issues Supplement, October 2005
• “Note, A Primer on Federal Facility Compliance with Environmental Laws:  Where Do We Go From Here?,” Washington & Lee Law Review, Spring 1993 (50 Wash.& Lee L. Rev. 801)