American Arbitration Association Proceeding (June 2016) - Obtained full defense verdict in favor of beverage manufacturer/distributor and individual manager following six-day arbitration on employee’s claims of sexual harassment and retaliation.
Mining Employer/Teamsters (June 2016) - successfully negotiated collective-bargaining agreement for client with approximately 50 covered employees.
Teamsters Local 683/Coca-Cola Refreshments, Labor Arbitration (April 2016). Arbitration decision upholding three-day suspension of employee involved in forklift accident.
Mining Employer/Teamsters, Labor Arbitration (October 2015). Arbitration decision upholding termination of employee for using cell phone while operating heavy equipment.
Manufacturing Employer/GMP Union, Labor Arbitration (July 2015).
Arbitration decision upholding termination of employee with clean work record
for single instance of cursing at supervisor.
Teamsters Local 683/Coca-Cola Refreshments, Labor Arbitration (June
2015). Arbitration decision upholding termination of commercial driver with
clean work record and 23 years of employment with company for driving Company
vehicle with expired license.
Savant v. APM Terminals, 776 F.3d 285 (5th Cir. Dec. 5, 2014). Represented maritime port terminal operator in appellate proceedings in which Court affirmed summary judgment on ADEA claim filed by former powered
industrial truck driver on grounds that employee lacked standing due to failure to exhaust grievance and arbitration procedures under collective bargaining
BCI Coca-Cola Bottling Company of Los Angeles, 361 NLRB No. 75
National Labor Relations Board denied General Counsel’s exceptions and adopted Administrative Law Judge’s deferral to a settlement agreement between the
employer and the union of an unfair labor practice charge that was previously deferred to arbitration; Board also dismissed related Section 8(a)(1)
allegations as inextricably bound and resolved through the parties’ settlement.
Patricia Ramirez v. Manpower, Inc. et. al, 2014 U.S. Dist. LEXIS 94362 (N.D. Cal. July 10, 2014). Defense motion for summary judgment granted in putative wage and hour class action on grounds that proposed class representative was judicially estopped from pursuing claims against defendants; concurrent motion by plaintiff to intervene new proposed class representatives denied by court.
Teamsters Local 896/Coca-Cola Refreshments, Labor Arbitration (January 2014). Arbitration decision and award denying grievance and upholding termination of employee for theft of time.
Rodriguez, et al. vs. Old Dominion Freight Line, Inc., 2013 WL 6184432 (C.D. Cal. Nov. 27, 2013).
Represented national motor carrier in proceedings granting motion to dismiss with prejudice putative wage and hour class action claims asserting violations
of California meal break laws on ground that such claims were preempted by Federal Aviation Administration Authorization Act.
Savant v. APM Terminals, (S.D. Texas, August 2013). Obtained summary judgment on Plaintiff’s claims against port terminal employer under the federal Age Discrimination in Employment Act.
Representation of defendant educational trip company in California district court proceedings granting motion to dismiss with prejudice the discrimination claims under the California Unruh Act and a negligence claim brought by a minor plaintiff and his parents against defendant (January 2013).
Teamsters Local 952/Coca-Cola Refreshments, Labor Arbitration (November 2012). Arbitration decision and award denying grievance and upholding termination of employee with no prior discipline for sleeping on the job.
William Peck vs. Kenneth O. Lester Company, Inc, Kern County Superior Court (March 2012). Defense motion for judgment on the pleadings granted in putative wage and hour class action brought by truck drivers alleging violation of California meal and rest break laws on ground that all claims preempted by Federal Aviation Administration Authorization Act.
Henry Esquivel, et al. vs. Vistar Corp., et al., 2012 U.S. Dist. LEXIS 26686 (C.D. Cal. Feb. 8, 2012). Defense motion to dismiss granted with prejudice in putative wage and hour class action brought by truck drivers alleging violation of California meal break laws on ground that all claims preempted by Federal Aviation Administration Authorization Act.
Anderson Rubbish Disposal, Region 31 of National Labor Relations Board (December 2011). Obtained dismissal by the Regional Director of two unfair labor practice charges alleging retaliatory layoff of employees less than one week prior to union filing its representation petition at employer's facility.
Teamsters Local 896/Coca-Cola Refreshments, Labor Arbitration (October 2011). Arbitration decision and award denying grievance and upholding termination of employee who was terminated for striking employee in the workplace following employee's acquittal on criminal assault and battery charges.
Teamsters Local 683/Coca-Cola Refreshments, Labor Arbitration (July 2011). Arbitration decision and award denying grievance and upholding termination of delivery driver who was terminated for excessive on the job accidents.
Michael Cardenas, et al. vs. McLane Foodservice, Inc., et al., 796 F.Supp.2d 1246 (C.D. Cal. 2011). Defeated plaintiffs' motion for partial summary judgment seeking ruling that preemption defense based on Federal Aviation Administration Authorization Act (FAAAA) had no merit in putative representative action brought by 40 truck drivers under California's Labor Code Private Attorney General Act (PAGA) premised on alleged violations of California's meal and rest break laws, and obtained favorable ruling that FAAAA's motor vehicle safety exception to preemption does not apply to those break laws.
Coca-Cola Refreshments, Region 19 of National Labor Relations Board (2010-2011). Obtained full dismissal and/or withdrawal of eight unfair labor practice charges filed by the Union during multi-facility contract negotiations with the employer.
Jason Ott, et al. v. Coca-Cola Enterprises, Inc., et al., U.S. District Court, W.D. Washington (2010-2011). Defended ERISA putative class action brought on behalf of striking employees whose health insurance coverage was terminated when they stopped working.
Wheeler v. T&N Medical Transport, Inc., Los Angeles Superior Court (January 2011). Obtained full summary judgment on discrimination, harassment and wrongful termination claims.
Jane Doe v. Entertainment Company, Los Angeles Superior Court (November 2010). Defense verdict in five-day jury trial on sexual harassment claim.
Bryan Thompson vs. APM Terminals Pacific Ltd, 2010 U.S. Dist. LEXIS 142537 (N.D. Cal. Aug. 26, 2010). Obtained significant defense procedural ruling that non-class representative action proceeding allowed in state court for claims brought on behalf of "aggrieved employees" under California Labor Code Private Attorney General Act (PAGA) is preempted by FRCP Rule 23 when brought in federal court, and such representative claims can only be pursued if the plaintiff obtains class certification under FRCP Rule 23; the court previously made significant defense procedural ruling that the heightened pleading standards announced by the U.S. Supreme Court in its Twombly and Iqbal decisions apply only to the allegations of a plaintiff's Complaint, and not to the allegation of affirmative defenses in a defendant's Answer.
Jane Doe v. Entertainment Company, Los Angeles Superior Court (June 2010). Obtained full summary judgment on behalf of three individual defendant/managers, and summary adjudication on nine of the plaintiff’s 10 causes of action and punitive damages in wrongful termination, retaliation, harassment and disability discrimination action.
Teamsters Local 952 vs. Coca-Cola Bottling Company of Southern California (May 2010). Arbitration decision and award following three-day hearing that denied grievance on behalf of employee who was terminated for threatening a co-worker in the workplace.
Armando Perez vs. AoiTechno, Inc., Orange County Superior Court (April 2009). Motion to compel arbitration granted in wrongful termination and unlawful discrimination lawsuit in favor of defendant which was not a party to the plaintiff's arbitration agreement but alleged to be the plaintiff's joint employer.
IBEW Local 1710 vs. Siemens Energy & Automation, Inc., Labor Arbitration (October 2008). Arbitration decision and award denying grievance on behalf of employee terminated for violations of tardiness and attendance policy after employer's unilateral change in interpretation and enforcement of policy.
Teamsters Local 848 vs. Coca-Cola Bottling Company of Southern California, Labor Arbitration (September 2008). Arbitration decision and award denying grievance on behalf of employee terminated for theft of company funds.
Nilsen v. Network Management Group, JAMS Employment Arbitration (March 2008). Obtained defense judgment following three-day arbitration of former employee's Title VII claims for discrimination, harassment and retaliation.
Starwood Resorts & Hotels Worldwide, Inc., d/b/a W San Diego, 348 NLRB 372 (2006). Affirming finding that employer did not violate the National Labor Relations Act by prohibiting employees in public areas from wearing union pins and obtaining reversal of finding that prohibition on wearing of union pins by kitchen staff violated the Act; employer's public image and food safety were deemed special circumstances warranting the prohibition against union insignia.
Jane Doe v. Hospital, Los Angeles Superior Court (July 2005). Obtained bench decision following seven-day trial on pregnancy/gender discrimination, wrongful termination, intentional infliction of emotional distress, and CFRA claims.