David M. Smigelski

About David

David is the firm’s Managing Partner and practices primarily in the areas of labor and employment law, public law, and education law. He represents a large variety of public as well as private sector clients.

David counsels employers in state and federal law compliance as well as employee relations. He handles employment-related litigation matters, grievance arbitrations, policy and handbook reviews, contract negotiations, and workplace investigations.

Affiliations

Ohio State Bar Association
Michigan State Bar Association
Toledo Bar Association
Ohio Council of School Board Attorneys
Rotary Club of Perrysburg
Perrysburg Chamber of Commerce
The Employers Association of Northwest Ohio, board member

Education

College of the Holy Cross (B.A. 1997)
The University of St. Andrews (1995-1996)
University of Toledo (J.D. 2005)

Bar Admissions

All Ohio Courts
All Michigan Courts
U.S. Court of Appeals, Sixth Circuit
U.S. District Court, Northern District of Ohio
U.S. District Court, Southern District of Ohio
U.S. District Court, Eastern District of Michigan

Practice Areas

Accreditation, Certification, & Licensure

Our attorneys have experience in helping systems and various types of providers with their accreditation, certification, and licensure needs, as well as representing them in front of applicable regulatory boards.

Collective Bargaining

Our attorneys provide at-the-table negotiations, as well as advice regarding negotiation strategy and drafting contract language. We also handle bargaining-related matters such as mediation, public sector conciliation, and fact-finding. We further assist clients in matters related to unfair labor practices charges before the Ohio State Employment Relations Board and the National Labor Relations Board, and when necessary, strike preparation, and securing legal restrictions on picketing and relief for strike misconduct.

Competitive Bidding

With our extensive background in public law, our attorneys are experienced and knowledgeable about Ohio’s competitive bid laws. We often advise school districts and other public clients regarding the situations in which bidding is required, the selection of qualifying bids, and the strengths or weaknesses of challenges to the bid process, and further have successfully defended against such challenges in court.

Compliance & Governance

Compliance is an important part of any governance framework. It sets and maintains a culture that steers the actions, operations, and outcomes of companies, medical practices, and entire health systems. Whether you are building a compliance program from the ground up or making adjustments as part of a regular assessment, our attorneys can be your skilled resource.

Employee Discipline

Our experienced employment attorneys often counsel employers on whether proposed employee discipline or discharge is likely to withstand challenge in any number of forums available to employees. We have secured for employers the dismissals of hundreds of claims regarding employee discipline, in court, in grievance arbitrations, and before agencies such as the Ohio Civil Rights Commission, the Equal Employment Opportunity Commission, the Ohio State Employment Relations Board and the National Labor Relations Board.

Employee Handbooks

Employee handbooks are excellent tools for outlining consistent employer practices, and for preserving employer flexibility and management rights such as employment at will. Our attorneys frequently review employee handbooks for compliance with federal and state employment laws, and recommend language and policies to protect employers and their businesses.

Employment Discrimination Defense

Our attorneys frequently defend employers facing charges or lawsuits alleging employment discrimination. Although the law is well-intended to protect employees from workplace discrimination, it is unfortunately common for employers to have to defend against unfounded claims of employment discrimination. Our lawyers have secured the dismissals of hundreds of employment discrimination claims before the Ohio Civil Rights Commission, the Equal Employment Opportunity Commission, and in state and federal courts.

FMLA

Our attorneys have counseled both public and private employers on compliance with the Family and Medical Leave Act since it became effective in 1994. Our experience with the FMLA includes such matters as eligibility and coverage issues, employee notices, medical certifications, insurance continuation, intermittent leave, concurrent leave, and FMLA abuses.

Grievance Arbitration

Our attorneys have handled hundreds of grievance arbitrations involving employee discharges, employee discipline, and labor contract interpretation disputes. We can assist a client from the preparation of management witnesses through the drafting of post-hearing briefs. We also recognize the occasional appropriateness of resolving disputes before arbitration and through mediation.

Labor and Employment

Spengler Nathanson attorneys are well-versed in helping employers in various industries with labor and employment matters. We can leverage this expertise to find solutions for healthcare providers too. We also work to stay up-to-date on changes to the Affordable Care Act and other legislation affecting employer health insurance, employee benefits, and other operational matters.

Local Government Counseling

The firm has a long history of representing local, political subdivisions on a wide range of practice areas such as public meetings and public records issues, zoning and land-use planning, financing, drafting legislation, water and sewer construction and regulation, annexation, employment/labor issues, tax levies and administration, economic development initiatives, airport and seaport operations and police and fire department contracts.

Public and Administrative Law

Our attorneys enjoy a rich history representing public clients in Northwest Ohio, including school boards, port authorities, park districts, municipalities, counties, townships, airport authorities, and more. Our firm has been home to two former City of Toledo Law Directors, a former counsel to the Ohio Department of Commerce, and a former State Senator. We know the legal problems confronting local public bodies both as lawyers and as participants in the political process.

Public Records and Open Meetings

Spengler Nathanson’s extensive representation of school boards and other local and state governmental bodies has given us a wide range of experience dealing with Ohio’s public records and open meetings laws.

School Law

Our decades-long representation of area school boards has given Spengler Nathanson the opportunity to deal with most legal issues faced by schools. We deal regularly with teacher and administrator contracts, student discipline, special education, competitive bidding, public records and open meetings, religious expression, FERPA, attendance and tuition, and a host of other school concerns.

Strategy and Healthcare Innovations

The healthcare industry is ever-changing and with change comes innovation. Spengler Nathanson attorneys stand ready to be a strategic and innovative partner for many players within the industry, from health systems and providers to business start-ups.

Unemployment Compensation

Spengler Nathanson’s attorneys frequently advise employers regarding responses to former employees’ claims for unemployment compensation, and represent employers before the Unemployment Compensation Review Commission.

Wage-Hour Law

Spengler Nathanson’s labor attorneys regularly advise both public and private sector clients regarding compliance with federal minimum wage and overtime laws, and the Ohio minimum wage law. We have dealt extensively with such matters as the classification of exempt and non-exempt employees, calculation of regular rate for overtime purposes, pay for training and travel time, and exempt employees salary basis of pay.

Our Attorneys