PRACTICE FOCUS:
EXPERTISE:
Over twenty-seven years of extensive experience working closely with executives in analyzing issues that arise in the workplace, identifying options and implementing decisions.
Consults with and trains upper-management, labor relations and human resources professionals in many states on compliance and awareness of federal and state employment laws, labor relations issues and strategies and effective collective bargaining practices.
Rick is a litigator with expertise in defending lawsuits and administrative charges and audits before numerous state and federal agencies such as NLRB, EEOC, DOL, OFCCP and their state counterparts.
Trains HR professionals on the applications and implications of NLRA, LMRA, ADA, FMLA, EEO, Anti-Harassment, Affirmative Action, FLSA and similar state laws.
Lead negotiator for collective bargaining agreements with various Local Unions in Seattle, Los Angles, San Diego and Phoenix.
He has decertified unionized workforces and assists in avoiding successful union organizational drives.
Defends unfair labor practice charges before the National Labor Relations Board and represents management in grievances and arbitrations on a myriad of issues.
Assists clients with the unionized workforce aspects of mergers, acquisitions, closures, layoffs, relocation or outsourcing of union work and opening of new operations.
Rick’s experience extends to taking part in implementing new processes, techniques, policies and procedures with union workforces and resolving the grievances or defending the arbitrations, administrative charges or lawsuits that arise from such changes.
Conducts and teaches employers how to effectively use, joint labor/management committees to address and resolve labor issues.
In non-union settings, Rick’s practice includes training management personnel on union avoidance techniques and maintaining a non-union workforce.
Prepares employee handbooks, policy manuals and numerous employment related agreements such as waivers, releases, separation agreements, early retirement agreements, job reassignment agreements, performance improvement plans, return to work agreements as well as non-solicitation and confidentiality agreements.
Consults with, and assists, HR professionals in matters such as, legal compliance, internal investigations, disciplinary and termination decisions, compensation concerns, policy interpretations and changes, pre-employment testing and screening and reductions in work force.
CAREER:
In 1993, the demands of two ongoing clients—a local Title Company and the intermountain division of a large foodservice marketing and distribution operation—caused him to direct his attention entirely to their needs. By 1995, his work for the distribution company had expanded from employment, litigation and transactional work in the intermountain area to include labor and governmental compliance work in several additional western states. Over the following years, he has continued to grow his practice throughout much of the country.
Law Clerk, Associate Attorney, 1979-1983
Law Practice as Partner in Small Law Office, 1983-1984
Founding Partner of Law Firm, 1984-1993
General Manger of Title Company, 1993-1995
Private Practice of Employment and Labor Law, 1995-Present
EDUCATION:
University of Utah, J.D., 1981
University of Utah, B.S., cum laude, 1978
PROFESSIONAL AFFILIATIONS:
Utah State Bar
Utah State Forest Stewardship Committee
PERSONAL:
Former professional freestyle skier and ski instructor. Mountain bike racer, triathlon competitor and ranch owner. Enjoys waterskiing, backpacking, horseback riding, skate-skiing, and outdoor adventure.
REPRESENTATIVE CASEWORK:
- Successfully defended employer against wrongful termination, defamation and infliction of emotional distress claims brought by ex-employee. Obtained Summary Judgment which was upheld on appeal to the Utah Supreme Court.
- Obtained a directed verdict in favor of company in case brought by past sales representative alleging wrongful termination, breach of contract and bad faith.
- Won verdict in favor of employer after trial on claims of violation of public policy, wrongful termination and retaliation.
- Obtained Summary Judgment in favor of company in Title VII discrimination case which was upheld on appeal to the Tenth Circuit Court of Appeals.
- Tried case brought against company asserting numerous claims of violation of various federal statutes. Won verdict dismissing all causes of action which was upheld on appeal to the Tenth Circuit Court of Appeals.
- After extensive litigation in federal court in West Virginia received the second largest jury verdict for client in the history of the court.
- Obtained Summary Judgment for multiple clients in large insurance coverage dispute.
- Succeeded with Summary Judgment in favor of client in commercial contract dispute.
- Successful defense of numerous charges and complaints before many state and federal agencies relating to discrimination, retaliation, wage violation and unfair labor practices.
- Prevailed for clients in many arbitration hearings involving union contract disputes, discipline and termination of employees and other labor and employment issues.
