Thomas P. Gies is a founding member of C&M's Labor and Employment Law practice group.

Tom has been interested in workplace issues for many years. This may be the result of reading Upton Sinclair's The Jungle at an impressionable age. Or fond memories of a summer job working the swing shift at a cardboard box factory in eastern Kansas. In any event, Tom's 30 plus years in employment law have included interesting and diverse experiences. Tom has twice argued cases in the Supreme Court of the United States. The first involved a labor dispute growing out of the Russian invasion of Afghanistan (Jacksonville Bulk Terminals v. ILA, 457 U.S. 702 (1982); Allied Int'l v. ILA, 456 U.S. 212 (1982)). The second concerns the scope of ERISA's civil enforcement provisions. LaRue v. DeWolff, Boberg & Associates, 128 S. Ct. 1020 (2008). Along with a dozen other lawyers, Tom once deposed the financier Michael Milken in a federal penitentiary in northern California. Tom has represented a labor union accused by a rival union of tortious interference with contracts.

Tom has handled labor disputes at coal mines in Kentucky, chemical plants in Buffalo, textile mills in North Carolina, and at call centers in suburban Chicago and St. Louis. He has litigated employment cases in courts throughout the country, including three jury trials. Tom has argued 18 appeals in various federal appeals courts. Tom has litigated cases involving a wide range of ERISA issues, and claims arising under the wage/hour laws. Tom has experience in counseling and litigating disputes arising under employment agreements, including trade secret theft and non-compete issues. Tom is an adjunct scholar with the American Enterprise Institute for Public Policy Research.

Clients Tom has represented in recent years include AT&T, Occidental Petroleum Corporation, First Data Corporation, Arch Coal Inc., Booz Allen & Hamilton, CSX Corporation, Westmoreland Coal Company, Du Pont, Western Union, The Wackenhut Corporation, The Donald Trump Organization, Executive Life Insurance Company of California, Georgetown University, Valeo S.A., Union Pacific Corporation, the Washington, D.C. Public School System, and ExxonMobil Corporation.

Tom chaired C&M's labor and employment practice for 20 years. Before joining C&M in 1983, Tom practiced labor law with Seyfarth Shaw, in Washington and Chicago.

In The News
Tom was featured in the March 16, 2009 edition of Forbes for his comments on the Employee Free Choice Act (EFCA) and his American Enterprise Institute for Public Policy Research white paper on the EFCA titled, "Card Check: Changing the Rules for Collective Bargaining." Tom was also quoted on this issue in Employment Law360.

Education
University of Notre Dame, 1972
George Washington University Law School, 1976

Affiliations
Admitted to practice: District of Columbia, Florida, the Supreme Court of the United States

Publications
"Card Check: Changing the Rules for Collective Bargaining," American Enterprise Institute for Public Policy Research (February 2009). Author: Thomas P. Gies.

"Leaving Well Enough Alone: Reflections on the Current State of ERISA Remedial Law," 26 Hofstra J. of Labor & Employment Law Symposium on ERISA Remedies (2009 forthcoming). Authors: Thomas P. Gies and Jane Foster.

"For ADEA Purposes, A Filing Is A 'Charge'," Employment Law360 (June 2008). Co-Authors: Thomas P. Gies and Daniel M. Creekman.

"Ensuring Retirement Security," Los Angeles Daily Journal (December 14, 2007). Co-Authors: Thomas P. Gies and Jane Foster.

"The Maryland Wal-Mart Bill, Is it Preempted by ERISA?," 32 Employee Rel. L. J. 3 (2006). Author: Thomas P. Gies.

"Billing it to the Boss," Legal Times, Labor & Employment Special Report (May 22, 2006). Author: Thomas P. Gies.

"ERISA Preemption Meets the Union Corporate Campaign: The Challenge to the Maryland 'Wal-Mart Bill'," ERISA Litigation Reporter, Vol. 14, No. 2 (March-April 2006). Author: Thomas P. Gies.

"Arguments Over NBCWA Article I Reach Apogee," Crowell & Moring Mining Law Monitor, Vol. 20, Issue 2 (Summer 2003). Co-Authors: Thomas P. Gies and Glenn Grant.

"The Americans with Disabilities Act: Recent Case Law Developments," 21 Energy & Mineral Law Institute 205 (2001). Co-Authors: Thomas P. Gies and Andrew M. Bagley.

"Age Discrimination Act Waivers: Final EEOC Regulations Prohibit "Tender Back" Provisions And Set Forth New Requirements For Legally-Valid Waivers," Crowell & Moring Employment Law Briefing, (December 2000). Co-Authors: Thomas P. Gies and Sarah J. Zimmerman.

"Supreme Court Clarifies Coverage Of Federal Disabilities Law," Crowell & Moring Labor and Employment Law Update, Issue 16, (September 1999). Co-Author: Thomas P. Gies and Andrew W. Bagley.

"Microsoft Temps Win Another Round," Crowell & Moring Employment Law Briefing, Volume 1, Issue 7, (June 1999). Co-Author: Thomas P. Gies and Christine C. D'Alessandro.

"Supreme Court Narrows ERISA Preemption Protection For Insured Employee Benefit Plans," Crowell & Moring Employment Law Briefing, Volume 1, Issue 4, (May 1999). Co-Authors: Thomas P. Gies and Terence F. Flynn.

"Court Scuttles Employer Attempts To Avoid Affirmative Action Plan Reporting Requirements," Crowell & Moring Employment Law Briefing, Volume 1, Issue 3, (April 1999). Co-Author: Thomas P. Gies and Kimberly K. Hartwell.

"Court Bars Employer's Secondary Boycott Damages Action Because Of Arbitration Clause In Collective Bargaining Agreement," Crowell & Moring Employment Law Briefing, Volume 1, Issue 2, (April 1999). Author: Thomas P. Gies.

"'New News' From The Labor Department: Increased Enforcement Activity Presents New Compliance Challenges," Crowell & Moring Labor and Employment Law Update (January 1999). Co-Authors: Thomas P. Gies and Kris D. Meade.

"For Neither Love nor Money - Obtaining Effective Releases of ADEA Claims," C&M Labor and Employment Law Update, (February 1995). Author: Thomas P. Gies.

"Labor Law Successorship Under the Bituminous Coal Wage Agreement and the UMWA's Campaign for Job Security," 90 W. Va. L. Rev 921, (1988). Author: Thomas P. Gies.

"The Equal Employment Audit Handbook, Executive Enterprises," (1983). Co-Authors: Thomas P. Gies, Zachary D. Fasman and Michael Album.

"Employer Remedies for Work Stoppages That Violate No-Strike Provisions," 8 Emp.Rel.L.J. 178, (1982). Author: Thomas P. Gies.

Speeches & Presentations
"The First 100 Days and Beyond -- Employment and Benefits Issues and Developments," International Liquid Terminal Association's Committee of Chief Executives (May 7, 2009). Co-Speakers: Thomas P. Gies and William J. Flanagan.

"Current Issues in ERISA Fiduciary Breach and Benefit Claims Litigation," 2008 Practicing Law Institute National Conference on ERISA Litigation (November 2008). Speaker: Thomas P. Gies.

"LaRue and Its Implications: The Next Wave of ERISA Fiduciary Breach Litigation," Crowell & Moring Webinar (March 2008). Panel: Thomas P. Gies, William J. Flanagan, Karen Handorf and Jane Foster.