David R. Keller
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Education

  • Temple University, J.D., magna cum laude
  • Princeton University, A.B., with honors

Admissions

  • Pennsylvania
  • U. S. District Court for the Eastern District of Pennsylvania
  • U. S. District Court for the Middle District of Pennsylvania

Practice Area

Related Industry

Recognitions

  • Rated AV Preeminent by Martindale-Hubbell
  • Top Rated Lawyer in Labor & Employment, 2013 (American Lawyer Media and Martindale-Hubbell)
  • Pennsylvania Super Lawyers (2006, 2008, 2009)

Memberships

  • Pennsylvania Bar Association, Labor Law Section, former chair
  • National Association of College and University Attorneys
  • American, Pennsylvania and Lancaster Bar Associations

Presentations

  • Barley Snyder Employment Seminar, "Update on NLRB Strategies for Unionized and Non-Unionized Workplaces" (May 2014)
  • "The Era of Enforcement- Agency Action in the Employment Law Arena", ACC Seminar: What Keeps You up at Night? (September 2012)
  • Barley Snyder Employment Seminar, " NLRB Update: The Rules of Engagement Are Changing" (May 2012)
  • "Union Organizing Activities and the Activist NLRB," Association of Corporate Counsel Seminar (October 2011)

Community Involvement

  • Lancaster Alliance; former board member and chair
  • Lancaster Chamber of Commerce and Industry; former board member and chair
  • Visiting Nurse Association of Lancaster County; board member
  • Lancaster-York Heritage Region; board member
  • Economic Development Company of Lancaster County; chair

David R. Keller

Of Counsel(717) 399-1513
dkeller@barley.com

Dave Keller is a member of the firm's Employment group where he represents employers in union related issues, including labor negotiations and arbitration, union organizing campaigns, policies and practices to avoid union organizing, as well as other employment-related issues including employment discrimination matters, wage and hour, OSHA, and employment contracts.

Dave's labor clients include private and public sector employers in a variety of business areas, such as metals manufacturing, food service, printing and health care institutions of various types, as well as county, city, and municipal government.  He is experienced in working with non-union employers on maintaining their non-union status and represents private and public employers in union organizing campaigns and unfair labor practice charges before the National Labor Relations Board (NLRB) and Pennsylvania Labor Relations Board (PLRB).  In labor arbitration, he has significant experience with cases involving interpretation of collective bargaining agreements, seniority issues, lay-off and recall, management rights disputes and discipline/discharge.  Dave also handles arbitration cases under the Multi-Employer Pension Plan Amendments Act in cases relating to pension withdraw liability disputes.

Dave has been negotiating labor contracts on behalf of management since 1980. Negotiations include both private and public sector clients. Clients for public sector bargaining include Franklin County (Court Related and Non-Court Related Non Professional Units), York County (Prison Guards), Lancaster City (Police and AFSCME), Columbia Borough (Police and PSSU/SEIU 668), Lancaster City Parking Authority (AFSCME), Bern Township (Police and Non-Uniform) and police bargaining for numerous other municipal governments throughout South Central Pennsylvania.

In addition to grievance arbitration matters, Dave has been an employer arbitrator in many types of interest arbitrations, including Franklin County (Court Related Non Professional), York County (Collections Officers and District Attorney/Public Defender Unit) and Act 111 Police Arbitrations for Hanover Borough, Columbia Borough, West Lampeter Township, Borough of Sinking Spring, Kutztown Borough and several others.

Examples of select matters that Dave has helped resolve for clients include:

  • Successful resolution of charges at the National Labor Relations Board alleging single employer and alter ego status;
  • Numerous arbitration cases involving contract interpretation and discharge resulting in favorable outcomes for the employer;
  • Working with an employer throughout a nine month strike which included successful continued operations of the employer's business, a favorable contract, and ultimately decertification of the union;
  • Serving as co-counsel in the handling of labor injunction matters where a court enjoined a union from making excessive noise at a college campus; and
  • Assisted several health care employers during union organizing campaigns resulting either in withdrawal of the union from organizing or a union loss at a National Labor Relations Board election.

Dave also represents a large public college and several private colleges and universities in providing solutions for issues relating to employment matters, including faculty/administration disputes, student rights and discipline issues, Title IX compliance and other regulatory matters, governance issues, and contract development and review.  Dave is Barley Snyder's liaison with the National Association of College and University Attorneys and has successfully represented colleges in employment discrimination matters, labor and construction disputes, and legal action by students contesting suspension or expulsion from a college.

Dave is a frequent speaker on issues related to unions and union organizing, the Employee Free Choice Act (EFCA) or "Card Check" bill, employment policies and practices, wage and hour matters, documentation and discharge of employees, as well as issues related to faculty/administration relationships in colleges and policies and practices with respect to student discipline.  Dave contributes articles regularly to business publications in Central Pennsylvania.

Dave is a former senior management relations examiner for the National Labor Relations Board in Philadelphia, Pennsylvania.