David S. Birnbaum

David Birnbaum represents employers in connection with a broad range of labor and employment issues. A substantial portion of David’s practice focuses on labor relations matters including collective bargaining, union organizing and decertification proceedings, unfair labor practice cases, strikes and picketing disputes, corporate campaigns, arbitrations, and Section 301 litigation. He also has experience advising Railway Labor Act employers in connection with disputes under the Federal Railroad Safety Act and in other adversarial proceedings.

David recently played a significant role on a team representing a multi-employer bargaining coalition consisting of 30 freight rail carriers at a hearing before Presidential Emergency Board 243. The Board, which was tasked with developing recommendations for a collective bargaining settlement to avoid a national strike, adopted the vast majority of the railroads’ arguments, facilitating a settlement that saved the carriers billions of dollars relative to the unions’ proposals. David also recently served as second chair trial counsel for a leading tire manufacturer at an arbitration hearing resulting in the denial of a grievance seeking $40 million in plant closure benefits.

David’s litigation experience includes cases brought pursuant to the Employee Retirement Income Security Act, the Fair Labor Standards Act, Title VII, and a variety of state law statutes. Additionally, he frequently counsels employers regarding compliance with employment laws, hiring and firing, compensation and benefits, non-compete agreements, reductions in force, employment and severance agreements, and business transactions including mergers and acquisitions.

David is a contributing editor to The Developing Labor Law and the PLI Labor Management Law Answer Book.

Good to know

Areas of Practice 1) Labor & Employment
Law School The University of Michigan Law School
Admitted Year 1993
Education Miami University (B.S.B., 2002)
Most recent firm Jones Day
Barbara A. Fitzgerald
Barbara A. Fitzgerald

Ms. Fitzgerald represents employers in a wide range of industries, including the entertainment, financial services, hospitality, manufacturing, retail, and transportation industries.

Carol R. Freeman
Carol R. Freeman

Carol R. Freeman is a partner in Morgan Lewis's Labor and Employment Practice. Ms. Freeman represents employers in employment law, labor relations, and related administrative claims and litigation.

Dennis J. Morikawa
Dennis J. Morikawa

Dennis J. Morikawa is a partner in Morgan Lewis's Labor and Employment Practice, where he heads the Occupational Safety and Health Law Practice.