Phoenix, AZ
Employment and labor Lawyer at Phoenix, AZ
Practice Areas: Employment & Labor, Arbitration, Appeals
OUTCOME: An adverse decision by the US District Court in Arizona was reversed. The Supreme Court denied cert. 177 L. Ed. 2d 1056 (2010).
The Ninth Circuit reversed the District Court and held that the Vocational Rehabilitation Act protected independent contractors from discriminatory employment practices based on disability even though ... the Americans With Disabilities Act does not extend protection to such individuals. 587 F. 3rd 938 (2009).
OUTCOME: The State Supreme Court reversed the ruling of the lower courts.
The Arizona State Supreme Court held that all employment agreements are exempt from the Arizona version of the Uniform Arbitration Act. 208 Ariz 301, 93 P. 3rd 501(2004).
OUTCOME: The Fifth Circuit Court of Appeals upheld the decision at 362 Fed 3d 308 (2004)
Rejected an effort by a small group of pilots who claimed that routine decisions of their union's officers involving expenditures and paid time off breached their fiduciary duty to the members so as to ... provide good cause for suit to be filed by a member pursuant to Title IV of the LMRDA. 185 Fed Supp 2d 700 (S.D.Texas, 2002)
OUTCOME: Case settled with the negotiation of a collective bargaining agreement.
Southwest Gas failed to bargain in good faith with its employees newly formed union through stall tactics, unilaterally changing wage levels and obstructive behavior. 330 NLRB No. 171 (2000)
OUTCOME: Remanded for second hearing
Held that state agencies cannot deprive grievants of the right to counsel and cross examine witnesses in disciplinary appeal hearings 195 Ariz 173 (1999).
OUTCOME: Union won election
Prevented an air carrier from requiring the NMB to allow non-eligible personnel to vote in a representation election. 18 NMB 40 (1991)
OUTCOME: SRP was ordered to provide the requested information to the Union.
the Water Users' Association was held to be an employer over whom the NLRB had jurisdiction and it violated the NLRA when it refused to provide the Union with requested information needed to process a ... grievance. 272 NLRB 296 (1984), affirmed 769 Fed 2d 639 (9th Cir., 1985)
OUTCOME: Obtained one week of pay improperly withheld from teachers' pay when they were all simultaneously taking sick leave.
Established a right to proceed as a class action and enunciated the legal basis for such suits and prohibited a public entity from amending its rules retroactively. 131 Ariz 341 (Ariz App 1981)
OUTCOME: remanded for decision on the merits
Held that the NLRB must decide all issues raised in a Complaint by the General Counsel on behalf of a Charging Party. 427 Fed 2d 1330 (6th Cir 1971).
OUTCOME: Full recovery (estimated at between $15 and $21 mi.plus attorneys fees.
Employer amended terms of pension plan of 1200 employees improperly. Arbitrator ruled that employer violated NLRA, ERISA and collective Bargaining agreement. Employer ignored award. lawsuit filed to ... enforce and ultimately settled after litigation in District Court.
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