REPRESENTATIVE CASES

2023

Successful appeal before the Oregon Court of Appeals, upholding unfair labor practice complaint determination and decision from the Employment Relations Board regarding an information request. See University of Oregon v. Service Employees International Union, Local 503, ___ Or. App. ___ (July 19, 2023).
Unfair labor practice complaint successfully prosecuted at Employment Relations Board. The Board substantiated union's charges against the public employer for refusal to bargain in good faith, unilateral change/direct dealing, and failing to provide necessary information in response to request for information for bargaining purposes.
Successful arbitration on behalf of a terminated instructor where evidence failed to support employers' serious allegations and where discipline was inconsistent with just cause or progressive discipline principles. Full back pay and make-whole award.
Arbitration award reinstating fire service professional who had been terminated without just cause in a flawed investigation of an off-work incident and where employer had used stale events as part of the rationale to terminate. Full backpay and make-whole award.
Successfully challenged a Notice of Intent to Revoke a fire service professional's certifications based on a conclusory and incorrect understanding of an off-work conduct issue and resulting misdemeanor conviction. The Agency's action was not based on substantial evidence or reason and was the result of wrong assumptions about the arrest not supported by any evidence.
Reversed a Department of Human Services neglect finding that allowed a home care worker to maintain his enrollment as a home care provider where the Agency's decision-making was not supported by substantial evidence and was based on an incomplete and ill-informed investigation that failed to review medical evidence, or to consider the client's exercise of rights and self-determination to decline care.

2022

Successfully appealed inappropriate and incorrect neglect finding by Department of Human Services resulting in reversal by the agency and nurse's ability to return to work.
Resolved unfair labor practice complaint on behalf of a fire local after successful prosecution of complaint and monetary damages award.
Successfully defended nurse after criminal charge plea resulting in no licensing impact.
Sustained unfair labor practice finding in a bad faith bargaining case on remand, after appeal.
Successful resolution of equal pay act case after favorable substantial evidence finding from the BOLI of a faculty member.
Successfully defended a corrections officer in a proceeding before DPSST, allowing the employee to maintain her certifications and her job. The proposed revocation related to an off-work arrest that did not implicate any on-duty concerns and had been appropriately addressed by the officer.
Successfully defended a licensed school employee in a disciplinary proceeding before the Teachers Standards and Practices Commission (TSPC), relating to an allegation that the employee failed to report abuse or neglect and had not maintained appropriate boundaries. Resulting opinion determined there was nothing to report, there were significant mitigating issues of which the school was aware, and the teacher should not be disciplined.

2021

Enforced contract and achieved holiday leave and pay for hundreds of public employee union members of a municipality who had been designated as essential employees during the COVID-19 pandemic.
Proved breach of contract by County in implementation of EFMLA leave where County had refused to allow employees to supplement the EFMLA with their own accrued leave.
Enforced contract protecting association from having work subcontracted out by a managed health care facility, required eliminated position to be posted (for association employees) and union dues to be paid for duration of time work had been subcontracted.
Overcame arbitrability bar in a layoff case of university professors in which university claimed that "academic judgment" was a bar to arbitration. Case ultimately resulted in substantial economic settlement for the affected department members and preservation of contract rights relating to layoffs.
Protected state employee's position and prevented revocation when state agency sought revocation due to an off-duty DUII.
Protected multiple school employee union members' right to collect unemployment benefits after improper denials by the state.
Protected school employee from discipline for actions she did not commit. Proved the agency did not carry its burden of proof with respect to charges.
Protected fire services professional in Oregon Health Authority and Department of Public Safety Standards and Training proceedings related to a criminal complaint, allowing him to continue his career uninterrupted.
Successfully defended nurse facing discipline as a result of criminal charges for an off-work conduct event.

2020

Removal of disciplinary demotion and garnishments of union members' leave banks after an employer audit was used to justify such garnishments due to discrepancies between two time-keeping systems where the employer had no stated policy about such records, had failed to train employees properly and had failed to credit leave banks for those employees whose records indicated too much leave had been designated. Additional portion of award determined wage and hour violations (unlawful deductions) had also occurred and needed remedying.
Arbitration award issued enforcing an "Us Too" provision for union members at a college, compelling the college to give step increases to dozens of members who had been denied, increasing their wages and protecting their rights under the CBA.
Successfully defended an education union in an unfair labor practice charge filed by a member asserting that a harassment complaint filed by a union officer with the college had interfered with his rights under the PECBA. Complaint against union was dismissed after hearing and briefing.
Successfully obtained the reinstatement of a management-level employee with an excellent employment history who had been dismissed from state service for alleged intoxication at work, with partial back wages award through a SPRL appeal to the Employment Relations Board.
Reinstatement with back wages of public safety employee who had been targeted for termination due to protected speech where discipline was demonstrated to be unduly punitive, inconsistent with other public safety officers on scene who were not disciplined, and where employee's training relative to the issue was non-existent.

2019

Dismissal of duty of fair representation claims against a labor union by former member was granted, with prejudice, Multnomah County Circuit Court (2017). Upheld on appeal by the Oregon Court of Appeals (2019).
E.K. v. Benton County Sheriff's Ofc. & Benton County Sheriff's Ass'n, Case No. FR-005-18 (2019). Successfully defended a labor association and dismissed an action at the Employment Relations Board brought by a member asserting that the union had violated its duty of fair representation to him.
Roseburg Forest Products and Carpenters Industrial Council, Local 2949, Case 19-CA-213306 (2019). Filed complaint and assisted the NLRB in the prosecution of an unfair labor practice action alleging that the company retaliated against its employee for engaging in protected collective activity when it fired him after he spoke out about unsafe working conditions in a social media post on the union's Facebook page. Employee won reinstatement and full back wages. Case was affirmed by the full Board (2020).
Successfully defended a fire services professional before the Oregon Health Authority due to a violation of professionalism charge relating to a criminal matter that occurred outside of work. OHA had moved to revoke his paramedic certification. Administrative Law Judge determined the penalty was overly harsh, particularly when there had been no forewarning that this type of off-work conduct would result in revocation and previously probation had been the usual discipline.

2018

Removal of discipline from fire service member and arbitrator required employer pay fire service member for all amounts owed due to not being allowed to practice as a paramedic where due process was violated and rationale for discipline did not meet requirements of just cause. Arbitrator further required employer engage with member and union to address its alleged concerns about the member's standard of care and develop a plan of training, if necessary.
Dismissal at summary judgment of personal injury and related claims brought by a third-party against a labor union landlord, Multnomah County Circuit Court (2018).
Reinstatement with back wages of members of a national transportation company who had filed a class grievance after being fired under a new zero-tolerance policy. Under NLRB deferral agreement, Arbitrator also determined an unfair labor practice complaint was sustained due to the unilateral change in policy for certain driving infractions and company's refusal to bargain with the union.

2017

Reinstatement won for employee who had allegedly violated company policies. Proved company aware of the same kind of alleged violations in the past and had expressed no concerns to employee on other occasions about alleged violations.
Removal of reprimand from University professor where reprimand related to investigation that was seriously flawed and violated due process, including the staleness of the charge and completion of investigation.
Reinstatement of nurse with order to pay full back wages. Case related to alleged concerns about nurse's skills and scope of care; employer failed to prove allegations and termination was deemed unjust.
Successfully defended a physician brought before the Oregon Medical Board for alleged violations of previous corrective action order.

2016

Alaska Nurses Association v. PeaceHealth, Case No. 15-CV-00219-HRH (August 5, 2016). Successfully challenged PeaceHealth's refusal to arbitrate a grievance on timeliness grounds. Court's opinion sided with labor association and ordered PeaceHealth to arbitrate the grievance. Case resolved thereafter.
Removal of discipline of public employee member who had engaged in off-duty behaviors that were improperly viewed by the employer as being belligerent toward the police. Demonstrated behaviors were garden-variety and that complaint was triggered by longstanding animus between the parties; also demonstrated that employer engaged in discussions with various individuals outside of the normal disciplinary process and took into account information that was never disclosed to the member during grievance process, violating her due process rights.
Reinstatement won for a law enforcement officer who had been terminated for dishonesty. Proved to the arbitrator that the incident was minor, did not relate to a work rule that had ever led to discipline, and was immediately corrected by the officer.
Successfully defended a fire services professional in revocation action brought by the Oregon Health Authority in a hearing before an administrative law judge. OHA wanted to revoke certification due to an off-work conduct incident, ignoring individual's rehabilitation and the fact the event was off-work.

Other Cases and Awards

Reinstatement won for a public employee who had engaged in off-work misconduct that impacted his commercial drivers license (CDL). In a second arbitration hearing regarding the same employee, successfully challenged the employer's failure to fully implement the first arbitration award and its inappropriate second attempt to punish the employee for the initial off-work conduct event that had been successfully arbitrated.
Reinstatement won for a public employee of a school district who had been terminated for behavior issues. Proved the school district had not engaged in the interactive process or taken into account the employee's disability under the ADA, as a mitigating measure.
Successfully defended a fire services professional before the Department of Public Safety Standards and Training (DPSST) in a hearing before an administrative law judge in which the DPSST attempted to revoke the certificate-holder's certifications due to an off-work conduct incident.
Successfully reduced the lengthy suspension of a public employee on due process grounds when the employer had used stale events as part of the basis for discipline, significantly reducing the suspension.
Oregon School Employees Association Chapter 2014, American Federation of Teachers, Local 6732 (First Student, Inc.), and Ken Howard, an Individual, Case 19-CB-106045 (2013). Successfully defended the union against an unfair labor practice complaint filed by an individual and the National Right to Work Legal Defense Foundation. NLRB had issued a formal charge and case went to hearing, where the Administrative Law Judge found in favor of the union. Case was affirmed on appeal by the Board.
Successfully enforced seniority clause in the contract in a promotional arbitration grievance of a public employee. Arbitrator sustained the grievance determining that the normal promotional processes had not been correctly followed and that employee may not have been promoted due to her union activism and ordered the County to promote the employee in question.
Reinstatement won for a private-sector employee who had violated a safety protocol. Arbitrator determined the employer had inappropriately implemented a zero-tolerance policy without bargaining it and, while the safety violation was serious, arbitrator determined suspension was a more appropriate punishment.
Oregon School Employees Association v. North Clackamas School District, UP-017-13 (2014). Proved the school district committed an unfair labor practice by refusing to arbitrate a grievance the district contended was untimely. The Board ordered the District to arbitrate the grievance.
Demonstrated that a union leader's activism on behalf of the union (filing grievances and enforcing the CBA) adversely affected his promotional process in the fire service and that the employer had committed an unfair labor practice when it failed to promote him.
Successful prosecution of environmental whistleblower case before Department of Labor Administrative Law Judge resulting in reinstatement, backpay and attorney's fees.
Successful prosecution of prisoner's constitutional claims and claims under the ADA in U.S. District Court jury trial and enforcement of attorney's fees provision in collections actions for attorney's fees when fees and costs were unconstitutionally withheld by the state.