Gary L. Simpler

• Successfully defended a chemical manufacturer against a grievance in which the union challenged an employee’s termination. The arbitrator found that the company had just cause to terminate the employee for engaging in conduct that he had been specifically informed was prohibited and for stealing time.
• Successfully obtained protective orders on behalf of three employees of a client who were being harassed and stalked by a former disgruntled employee.
• Represented a health system in an arbitration case where a nurse was terminated for diverting narcotic medication. The arbitrator upheld the termination based on evidence that showed the nurse’s ID was used over 40 times to access the narcotic bin in the hospital’s computerized medicine distribution system but not withdrawing the narcotic, yet the number of vials decreased. Although the nurse denied taking any of the narcotics, he was the only nurse to work on each of the days when the narcotic bin was accessed with his ID, and there was no evidence to show his ID was obtained by another person.
• Obtained a favorable arbitration award for a chemical manufacturer in a dispute over the company’s ability to impose a spousal surcharge when an employee chooses employee and spouse or family healthcare coverage and whose working spouse has access to employer-provided group health insurance at their place of employment. The arbitrator agreed with the company’s position that the spousal surcharge was not part of the healthcare premium and, therefore, did not violate the contractual limit on the amount employees were required to contribute towards their healthcare plan.
• Assisted a spirits company in winning a union election. The members of the voting unit rejected union representation by a vote of 27 to 19.
• Won an arbitration for a hospital. The case involved the termination of a surgical technician. The arbitrator found the hospital had properly applied progressive discipline, and its decision to terminate her employment was supported by just cause, rejecting the Union’s arguments that management was inconsistent in issuing discipline and failed to follow its own disciplinary processes.
• Won an arbitration for a major lighting manufacturer involving a representation rights dispute between two unions over the closing of one facility represented by one union and the transfer of work to another facility represented by the other union. The arbitrator agreed with the Company that the work should be staffed with employees who performed the work at the old location and who were represented by the first union. This decision avoided significant training costs and allowed the Company to maintain efficiency, quality, and customer service.

Education

• J.D., cum laude, University of Maryland School of Law, 1985
• B.A., cum laude, University of Maryland, 1979

Admission to Practice

• Maryland
• U.S. District Court, District of Maryland
• U.S. Court of Appeals, Third and Fourth Circuits

• American Bar Association
• Maryland State Bar Association (Labor Law Section)

• Fellow, College of Labor and Employment
• The Best Lawyers in America® Labor Law – Management “Lawyer of the Year” (2015)
• Recognized in The Best Lawyers in America® (2007-2020)
• Chambers USA (2017, 2020)
• Super Lawyers (2007-2020)
• Martindale-Hubbell® Peer Review Ratings™ AV5.0
• The Daily Record Leadership in Law Winner (2018)