Jon E. Pettibone, Retired Partner

Success Stories

NLRB: Bargaining and Striker Replacements

Obtained complete dismissal, following a multiday trial, of all unfair labor practice allegations in an NLRB complaint alleging bad faith bargaining, premature impasse declaration, unilateral implementation of terms and conditions of employment, unlawful permanent replacement of strikers, and various lesser alleged violations.

Multistate Strike Settlement

Negotiated a master collective bargaining agreement following a five-month multistate strike in the mining industry, to replace nine expired contracts with eight unions.

Ninth Circuit: Reversal of Bargaining Order

Obtained Ninth Circuit reversal of an NLRB bargaining order against a hospital.

Ninth Circuit: Sexual Harassment

Obtained Ninth Circuit holding that harassment by aircraft manufacturer supervisor was not unlawful because directed at both sexes.

Ninth Circuit: Immigration Sanctions

Obtained Ninth Circuit reversal of sanctions against a restaurant chain for knowingly hiring an undocumented worker.

Ninth Circuit: Wrongful Discharge

Obtained Ninth Circuit holding that state law wrongful discharge complaint should be dismissed because it was "artfully pled" to avoid federal preemption under a collective bargaining agreement.

Wage Freezes in Back-to-Back Interest Arbitrations

Obtained wage freezes in back-to-back interest arbitrations for the same employer group and preserved its most-favored-nation clause.

NLRB: Election Interference

Obtained NLRB reversal of regional director's finding that nuclear power plant interfered with NLRB election by conducting a raffle.

Negotiated Labor Concessions

Negotiated the largest wage-and-benefit reductions, among several industry producers in a concessionary bargaining year, under 11 contracts with 8 unions.

Arizona Court of Appeals: Plant Closing and ERISA

Obtained Arizona appellate court holding that closure of an instrumentation service facility was not a plant closing under a pension plan.

Arizona Court of Appeals: Mandatory Arbitration

Obtained Arizona appellate court order directing trial court to consider enforcement of arbitration provision in age discrimination and handbook breach case.

FLSA: Misclassification as Exempt Employees

Obtained $800,000+ reduction in potential damages in a U.S. Department of Labor FLSA overtime compensation investigation.

ADOSH: Trial in Fatality Case

Successfully tried OSHA citations in construction fatality case.

OSHA: Repeat and Willful Citations

Obtained withdrawal of seven willful and repeat OSHA citations in one smelter industry case.