Significant Clients Represented

(current and former)

• Washington Federation of State Employees, Council 28, of the American Federation of State, County and Municipal Employees, AFL/CIO (WFSE)
• Washington State Trial Lawyers Association (WSTLA)
• Washington State Democratic Caucuses
• Washington Association of County Officials
• Association of Washington Principals
• City of Olympia
• Thurston-Mason Community Mental Health (Behavioral Health Services)
• The Olympian Newspaper
• Washington State Council of Fire Fighters
• Capital Medical Center (Hospital)
• Sunset Air

Significant Cases

• AFSCME v. Washington, 770 F.2d 1401 (9th Cir. 1985) (Comparable Worth.) Member of trial and appellate attorney team for plaintiffs (“responsible” trial attorney), and the negotiating attorney in the ultimately successful settlement negotiations with the State through the Office of the Governor, implementing Comparable Worth for state employees. The 10-year settlement had an estimated value of over $500 million.
• Gardner v. State of Washington, Wash. Supreme Court No. 58438-9. Represented the Governor, Speaker of the U.S. House, Members of the State Federal Delegation to the U.S. Congress, several State Legislators, League of Women Voters, and other civic groups in challenging placement of the first term limits initiative on the state’s election ballot. The State Supreme Court refused to decide the matter prior to the election because of the case complexities and shortness of time. This ballot measure subsequently failed at the polls.
• Washington State Senate Democratic (Caucus) Campaign Committee v. Public Disclosure Commission, Thurston County Cause No. 94-2-01739-7 (1994). Successfully represented the Senate Democratic Caucus in a dispute with the Commission over campaign limitations sought to be imposed by the Commission contrary to an agreement between the Commission and the Caucus.
• Talmadge et al. v. State, Thurston County Cause No. 82-2-00994-3 (1982). Obtained a judgment in favor of a union and several State Democratic Legislators (including Justice Phil Talmadge), declaring the State Legislature’s attempt to delegate legislative budget authority (Sec. 1(4) and Sec. 3, Ch. 15, Laws of 1982) to then Governor Spellman, a violation of the Constitution’s separation of powers clause.
• Retired Public Employees Council v. Health Care Authority, 82 Wn. App. 773, 919 P.2d 625 (1996), petition for rev. denied. Represented a class of retired state employees to obtain a judgment to recover excess health insurance premiums charged in violation of a state law that state retirees’ premium rates be determined the same as active employees. Obtained $43.5 million settlement on remand consistent with Court of Appeals decision.
• WFSE v. State, 98 Wn.2d 677, 658 P.2d 634 (1983). Successfully prevented impairment of state employees’ pension rights by having Sec. 1, Ch. 51, Laws of 1982, 1st ex. sess., which prohibited the inclusion of the payment for accrued vacation leave in employees’ pension calculations, declared unconstitutional.
• Powerhouse Engineers v. State, 89 Wn.2d 177, 570 P.2d 1042 (1977). Successful defense of union security provisions in the state’s civil service laws against constitutional challenges. (RCW Ch. 41.06.) (Authored Supreme Court brief.)
• Rainier Bank (Security State Bank) v. State, Thurston County Cause No. 89-2-00994-3 (1989). Counsel for a class of state employees who participated in the State’s deferred compensation plan by investing in Rainier Bank CDs. Obtained $500,000 settlement for the Committee for Deferred Compensation and a class of participating state employees.
• Hooper v. Department of Corrections, U.S. District Court, West. Dist. Wash. C91-5414(T)(Z). Obtained multi-million-dollar settlement of overtime claims for a class consisting of community corrections officers employed by the State.
• WFSE v. Personnel Board, 54 Wn. App. 305, 773 P.2d 421 (1989). Court decision that state employees need not take military leave (RCW 38.40.060) to participate in military service, other than for regularly scheduled working days of the employee, and declaring civil service provisions (WAC 356-18-130) to the contrary illegal.
• Barrington v. EWU, 41 Wn. App. 259, 703 P.2d 1066 (1985). Successful defense of Higher Education Personnel Board authority to declare contracts supplanting civil service work as illegal in a somewhat novel “contracting out” scenario.
• WWU v. Fed’n of State Employees, 58 Wn. App. 433, 793 P.2d 989 (1990). Decision applying the civil service prohibition against “contracting out” to contracts with other public employers.
• Goodman v. Employment Security, 69 Wn. App 98, 847 P.2d 29 (1993). Decision clarifying that the jurisdiction of the State Personnel Board includes consideration of all defenses, contractual, constitutional, etc., an employee may have to a disciplinary action.
• Schultz v. Werelius, 60 Wn. App 450, 803 P.2d 1334 (1991). Represented the prevailing party in a case holding that an assignee of a vendor’s interest in a real estate contract, who obtained his interest subsequent to the Notice of Intent to Forfeit, does not have standing under RCW 61.30.140 to petition to set aside a declaration of forfeiture.
• State v. Carpenter, 94 Wn.2d 690, 619 P.2d 697 (1980). Reversal of a criminal conviction on the basis of a denial of speedy trial. This case helped develop standards regarding the “amenable to process” element required to establish a violation of a defendant’s rights to a speedy trial.
• Washington Federation of State Employees v. State (I-134), 127 Wn.2d 544, 901 P.2d 1028 (1995). Successful challenge to the constitutionality of initiative measure prohibiting state employees from making payroll deductions to political action committees.
• Washington Federation of State Employees v. DSHS, 90 Wn. App. 501, 966 P.2d 322 (1998). Obtained judgment that DSHS’s contracting out of civil service work of a nature previously performed by employees of the Employment Security Department violated the state’s civil service laws.
• WFSE v. Joint Center for Higher Education, 86 Wn. App. 1, 933 P.2d 1080 (1997). Decision declaring contracting out of state civil service work at new state higher education consortium facility as illegal “contracting out” of civil service work.
• WFSE v. Spokane Community College, 90 Wn.2d 698, 585 P.2d 474 (1978). Assisted in writing Supreme Court brief in the landmark case in the State of Washington on the state civil service law’s prohibition of the contracting out (privatization) of civil service work.
• DSHS v. State Personnel Board, 61 Wn. App. 778, 812 P.2d 500 (1991). Obtained decision that limited review of state civil service board’s arbitration decisions to common law arbitration standards, and upheld court’s dismissal of state agency’s attempt to obtain judicial review.
• WFSE et al. v. General Administration et al., Thurston County Cause No. 93-2-02680-1. Obtained a judgment striking down a regulation imposing a parking fee on state employees.
• Burbage v. State, Thurston County Cause No. 94-2-02560-8. Class action of current and former state employees alleging that the State illegally converted approximately $8 million in life insurance premium refunds. Settled for increased benefits for active and retired employees having a dollar value of approximately $19 million.
• Johanson v. Dept. of Social & Health Services, 91 Wn. App. 737, 959 P.2d 1166 (1998). Court of Appeals upheld judgment that closure of state institution at Northern State Hospital, and the resultant layoff of the civil service staff at the direction of the Legislature, was unconstitutional (impairment of contracts). Remedy was reinstatement of over 100 employees and back pay of approximately $5 million.
• Eason v. Everett Community College, Thurston County Cause No. 98-2-01741-1. Obtained judgment for class of employees who had paid excess parking fees charged by their employer, the Community College.
• WFSE v. State, Thurston County Cause No. 05-2-02422-1 (2008) Obtained substantial settlement for a class of state employees being paid less than employees doing the same work for a higher salary.
• WSU v Grimes, 143 Wn. App 1040 (2008) Obtained judgment for WSU firefighters illegally laid off from their employment.
• WFSE v General Admissions, 152 Wn. App 368 (2009) Obtained decision invalidating rule restricting rights of employees effected by the state’s contracting out of services.
• WPEA, et al. v. State (Schroll), 172 Wn. App. 254, 110 P.3d 1154 (2005). Represented WFSE in successful class action that employees in State’s personnel compensation system were underpaid compared to other employees. Court found the State’s compensation system violative of the employees’ equal protection rights (no rational basic).
• Watson v. Lamb Grays Harbor, Grays Harbor County Cause No. 01-2-01564-4. Represented class of lumber company employees laid off from their employment in claims for unpaid vacation and severance pay. Obtained $250,000 settlement.
• University of Washington v. WFSE, 175 Wn. App. 251, 303 P.3rd 1101 (2013). Court of
  Appeals decision reversed a trial court decision and reinstated an unfair labor practice finding by the Public Employment Relations Commission against the UW.
• WEA v. State of Washington, 332 P.3d 428 (2014). Billion dollar class action challenging repeal of “gain sharing” pension benefit for public employees.
• WEA v. State of Washington, 332 P.3d 439 (2014). Billion dollar class action lawsuit challenging repeal of Uniform COLA pension benefit for public employees.