Nancy A. Noall

Shareholder
Cleveland
1375 East Ninth Street
One Cleveland Center, 10th Floor
Cleveland, OH 44114
P 216.820.4207
F 216.623.0134
P 216.820.4207 | F 216.623.0134



Overview

"Instead of telling employers what they can't do, I’m here to help them figure out how to get it done."

Nancy helps private company and public sector clients successfully navigate the full range of labor and employment challenges. She advises businesses on personnel and operating policies that comply with an ever-expanding list of federal, state, and local employment rules and regulations while guiding them through each phase of the employment relationship, from pre-employment testing and hiring to performance evaluations, discipline, and termination. She defends companies across industries in employment-related claims, including sexual harassment, discrimination, wrongful discharge, grievances under union contracts, religious and American with Disabilities Act accommodations, and other issues. And she represents employers before the Equal Employment Opportunity Commission (EEOC), the Ohio Civil Rights Commission (OCRC), the U.S. Department of Labor, and other regulators. 

Businesses of all sizes count on Nancy to defend their interests and achieve their goals in employment litigation, like the Midwest manufacturing company that had lost an age-discrimination lawsuit before turning to her for assistance. She persuaded the U.S. Court of Appeals to overturn the trial judge's decision, leading the Sixth Circuit to find the lower court's decision "clearly erroneous" and to hold that the plaintiff was legitimately discharged when his job was eliminated as a result of a corporate reorganization. 

Clients appreciate Nancy's dedication and perseverance while helping them meet their business and strategic objectives. In one notable representation, she guided an Ohio-based global manufacturer to the resolution of a three-month lockout of one of its two unionized U.S. factories. Over that period, Nancy worked 18-hour days – guiding the team negotiating with the United Steelworkers International Union and one of its Locals, updating the executive board, reviewing company communications and correspondence, and more – so that her client could resolve contract negotiations while continuing to meet customer demand and financial obligations. She then defended the company before the National Labor Relations Board against numerous unfair labor practice charges filed by the union, the majority of which were dismissed outright. 

Nancy has particular strengths in helping non-union clients remain union-free while – at the same time – working with unionized clients to develop and maintain positive relationships with their unions and employees.

Experience
  • Successfully guided a major rubber manufacturer through negotiations with the United Steelworkers International Union and one of its locals that led to a three-month lockout of union employees. After the lockout was resolved, she defended the company before the National Labor Relations Board when the USW filed numerous unfair labor practice charges claiming that the company violated the National Labor Relations Act. Allegations included failing to bargain with the union in good faith and that, as a result, the lockout of union employees was also an unfair labor practice. The Regional Director dismissed most of the charges, including those charging the lockout was unlawful. This dismissal was upheld on the union's appeal to the Acting General Counsel of the NLRB in Washington. 
  • Obtained jury verdicts in favor of employers in wrongful discharge actions in a two-day jury trial in an Ohio court and a three-day jury trial in a Mississippi court.
  • Obtained summary judgment in favor of the employer in a disability discrimination lawsuit. 
  • Assisted a major produce distributor in a decertification election - including defending unfair labor practice charges and litigating which employees were entitled to vote in the election - which resulted in the decertification of a union that had represented employees for nearly 60 years.
  • Obtained summary judgment in favor of a plastic surgeon who was sued by a former nurse who claimed that she was constructively discharged after she filed a breast implant lawsuit against Dow Corning and that she was subject to a sexually hostile work environment. The summary judgment decision was upheld on appeal.
  • Won summary judgment in favor of a national freight company in a sexual harassment lawsuit brought in federal district court. 
  • Secured summary judgment for two employers in Ohio state courts, a major security service firm and a heat treat company, on combined wrongful discharge/defamation actions brought by discharged employees. In one of the cases, she also obtained an award of attorneys' fees from the plaintiff's attorney because they filed a frivolous lawsuit.
  • Successfully defended a New Jersey company that owned television and radio stations against unfair labor practice charges filed by the International Brotherhood of Electrical Workers over the discharge of an employee who had engaged in union organizing activities. 
  • Successfully defended unfair labor practice charges filed by the International Alliance of Theatrical and Stage Employees against a Cleveland television station that had bargained to an impasse over changes in employees' work assignments. The union appeal to the U.S. Court of Appeals was unsuccessful. 
  • Successfully defended employers in 130 labor arbitrations over the past 25 years in Arkansas, Connecticut, Indiana, Mississippi, New Jersey, and Ohio.
     
Services

Industries

Education

  1. Case Western Reserve University School of Law, J.D.
    • Order of the Coif
  2. John Carroll University, B.A.
    • magna cum laude

Credentials

Bar Admissions
  1. Ohio
Court Admissions
  1. U.S. Supreme Court
  2. U.S. Court of Appeals, District of Columbia
  3. U.S. Court of Appeals, Eighth Circuit
  4. U.S. Court of Appeals, Sixth Circuit
  5. U.S. Court of Appeals, Fifth Circuit
  6. U.S. District Court, Northern District of Ohio

Recognitions

  • AV® Preeminent™ rating from Martindale-Hubbell Law Directory
  • Named to The Best Lawyers in America® for Litigation - Labor and Employment (2020-2022)
  • Selected as an "Ohio Super Lawyer" by Ohio Super Lawyers magazine (2015-2020)

Affiliations

Professional Affiliations
  • Cleveland Metropolitan Bar Association
  • Ohio State Bar Association
     

Insights

  1. Alerts
    The Sixth Circuit Court of Appeals Will Hear the Court Challenge to OSHA’s Vax-or-Test Rule (Nov 17, 2021)
    OSHA Issues COVID-19 Vaccination Rule: What Employers Need to Know (Nov 5, 2021)
    Ohio Department of Health Issues New COVID-19 Quarantine Guidance for Schools (Oct 26, 2021)
    Ohio Court Reaffirms Employer’s Right to Raise Voluntary Abandonment (Oct 11, 2021)
    Kentucky Federal Court Allows Hospital to Proceed with Vaccination Policy for Employees (Sep 29, 2021)
  2. Presentation
    The Pendulum Swings Back Towards Employers: An Update on Employment Laws - Roetzel's Executive & Corporate Counsel Forum (November 2019)
  3. Firm News
    74 Roetzel Attorneys Named 2022 Best Lawyers in America®; 18 Recognized as Best Lawyers: Ones to Watch (Aug 19, 2021)
    Seventy Roetzel Attorneys Named to 2021 The Best Lawyers in America© List; Ten Named “Lawyer of the Year” (Aug 20, 2020)
    23 Roetzel Attorneys Named 2020 Ohio Super Lawyers®; 11 Named Rising Stars® (Nov 27, 2019)
    66 Roetzel Attorneys Named to 2020 The Best Lawyers in America© List (Aug 15, 2019)
    Roetzel Welcomes Four Labor and Employment Attorneys to Growing Cleveland and Columbus Offices (Aug 7, 2018)

Overview

"Instead of telling employers what they can't do, I’m here to help them figure out how to get it done."

Nancy helps private company and public sector clients successfully navigate the full range of labor and employment challenges. She advises businesses on personnel and operating policies that comply with an ever-expanding list of federal, state, and local employment rules and regulations while guiding them through each phase of the employment relationship, from pre-employment testing and hiring to performance evaluations, discipline, and termination. She defends companies across industries in employment-related claims, including sexual harassment, discrimination, wrongful discharge, grievances under union contracts, religious and American with Disabilities Act accommodations, and other issues. And she represents employers before the Equal Employment Opportunity Commission (EEOC), the Ohio Civil Rights Commission (OCRC), the U.S. Department of Labor, and other regulators. 

Businesses of all sizes count on Nancy to defend their interests and achieve their goals in employment litigation, like the Midwest manufacturing company that had lost an age-discrimination lawsuit before turning to her for assistance. She persuaded the U.S. Court of Appeals to overturn the trial judge's decision, leading the Sixth Circuit to find the lower court's decision "clearly erroneous" and to hold that the plaintiff was legitimately discharged when his job was eliminated as a result of a corporate reorganization. 

Clients appreciate Nancy's dedication and perseverance while helping them meet their business and strategic objectives. In one notable representation, she guided an Ohio-based global manufacturer to the resolution of a three-month lockout of one of its two unionized U.S. factories. Over that period, Nancy worked 18-hour days – guiding the team negotiating with the United Steelworkers International Union and one of its Locals, updating the executive board, reviewing company communications and correspondence, and more – so that her client could resolve contract negotiations while continuing to meet customer demand and financial obligations. She then defended the company before the National Labor Relations Board against numerous unfair labor practice charges filed by the union, the majority of which were dismissed outright. 

Nancy has particular strengths in helping non-union clients remain union-free while – at the same time – working with unionized clients to develop and maintain positive relationships with their unions and employees.

Experience
  • Successfully guided a major rubber manufacturer through negotiations with the United Steelworkers International Union and one of its locals that led to a three-month lockout of union employees. After the lockout was resolved, she defended the company before the National Labor Relations Board when the USW filed numerous unfair labor practice charges claiming that the company violated the National Labor Relations Act. Allegations included failing to bargain with the union in good faith and that, as a result, the lockout of union employees was also an unfair labor practice. The Regional Director dismissed most of the charges, including those charging the lockout was unlawful. This dismissal was upheld on the union's appeal to the Acting General Counsel of the NLRB in Washington. 
  • Obtained jury verdicts in favor of employers in wrongful discharge actions in a two-day jury trial in an Ohio court and a three-day jury trial in a Mississippi court.
  • Obtained summary judgment in favor of the employer in a disability discrimination lawsuit. 
  • Assisted a major produce distributor in a decertification election - including defending unfair labor practice charges and litigating which employees were entitled to vote in the election - which resulted in the decertification of a union that had represented employees for nearly 60 years.
  • Obtained summary judgment in favor of a plastic surgeon who was sued by a former nurse who claimed that she was constructively discharged after she filed a breast implant lawsuit against Dow Corning and that she was subject to a sexually hostile work environment. The summary judgment decision was upheld on appeal.
  • Won summary judgment in favor of a national freight company in a sexual harassment lawsuit brought in federal district court. 
  • Secured summary judgment for two employers in Ohio state courts, a major security service firm and a heat treat company, on combined wrongful discharge/defamation actions brought by discharged employees. In one of the cases, she also obtained an award of attorneys' fees from the plaintiff's attorney because they filed a frivolous lawsuit.
  • Successfully defended a New Jersey company that owned television and radio stations against unfair labor practice charges filed by the International Brotherhood of Electrical Workers over the discharge of an employee who had engaged in union organizing activities. 
  • Successfully defended unfair labor practice charges filed by the International Alliance of Theatrical and Stage Employees against a Cleveland television station that had bargained to an impasse over changes in employees' work assignments. The union appeal to the U.S. Court of Appeals was unsuccessful. 
  • Successfully defended employers in 130 labor arbitrations over the past 25 years in Arkansas, Connecticut, Indiana, Mississippi, New Jersey, and Ohio.
     

Education

  1. Case Western Reserve University School of Law, J.D.
    • Order of the Coif
  2. John Carroll University, B.A.
    • magna cum laude

Credentials

Bar Admissions
  1. Ohio
Court Admissions
  1. U.S. Supreme Court
  2. U.S. Court of Appeals, District of Columbia
  3. U.S. Court of Appeals, Eighth Circuit
  4. U.S. Court of Appeals, Sixth Circuit
  5. U.S. Court of Appeals, Fifth Circuit
  6. U.S. District Court, Northern District of Ohio

Recognitions

  • AV® Preeminent™ rating from Martindale-Hubbell Law Directory
  • Named to The Best Lawyers in America® for Litigation - Labor and Employment (2020-2022)
  • Selected as an "Ohio Super Lawyer" by Ohio Super Lawyers magazine (2015-2020)

Affiliations

Professional Affiliations
  • Cleveland Metropolitan Bar Association
  • Ohio State Bar Association
     

Insights

  1. Alerts
    The Sixth Circuit Court of Appeals Will Hear the Court Challenge to OSHA’s Vax-or-Test Rule (Nov 17, 2021)
    OSHA Issues COVID-19 Vaccination Rule: What Employers Need to Know (Nov 5, 2021)
    Ohio Department of Health Issues New COVID-19 Quarantine Guidance for Schools (Oct 26, 2021)
    Ohio Court Reaffirms Employer’s Right to Raise Voluntary Abandonment (Oct 11, 2021)
    Kentucky Federal Court Allows Hospital to Proceed with Vaccination Policy for Employees (Sep 29, 2021)
  2. Presentation
    The Pendulum Swings Back Towards Employers: An Update on Employment Laws - Roetzel's Executive & Corporate Counsel Forum (November 2019)
  3. Firm News
    74 Roetzel Attorneys Named 2022 Best Lawyers in America®; 18 Recognized as Best Lawyers: Ones to Watch (Aug 19, 2021)
    Seventy Roetzel Attorneys Named to 2021 The Best Lawyers in America© List; Ten Named “Lawyer of the Year” (Aug 20, 2020)
    23 Roetzel Attorneys Named 2020 Ohio Super Lawyers®; 11 Named Rising Stars® (Nov 27, 2019)
    66 Roetzel Attorneys Named to 2020 The Best Lawyers in America© List (Aug 15, 2019)
    Roetzel Welcomes Four Labor and Employment Attorneys to Growing Cleveland and Columbus Offices (Aug 7, 2018)