Timothy J. O'Connell

Experience

Tim O'Connell is a partner of the firm in the labor and employment and telecommunications law sectors. His practice includes collective bargaining, unfair labor practice and representation proceedings before the NLRB and public sector agencies, labor arbitrations, equal employment and discrimination cases before administrative agencies and courts, wrongful discharge litigation, wage and hour counseling and litigation, and general personnel management. He has also been actively involved in the rulemaking process, both drafting and negotiating new rules and leading litigation challenging agency action.

Representative Work

Labor Relations

• Served as lead negotiator for Oregon-based medical center in client's first collective bargaining contract. Result: successfully reached a contract deal following 18 months of bargaining.
• Served as lead negotiator for industrial repair company in collective bargaining with the Communications Workers of America.
• Represented hospital in labor arbitration on the issue of whether certain training time was compensable. Result: complete rejection of union claims.
• Represented an acute care hospital after the Labor Board issued a complaint concerning cafeteria access. Result: persuaded the Region to dismiss the charges over the union's objections, without a hearing.
• Advised a health care system throughout a sustained union election campaign by the United Food and Commercial Workers. Result: rejection of union petition.
• Represented telecommunications company in arbitration challenging client's ability to bar employees from using certain tools they had used for many years, resulting in work being sent to contractors. Result: arbitrator rejected all union claims.

Labor and Employment Law

• Verizon v. Employment Security Department – Served as lead counsel before the Washington Supreme Court, whose decision overturned an adverse summary judgment ruling by the administrative agency and instead granted summary judgment to our client. Result: grants of unemployment compensation to over 300 employees who had accepted early separation incentives were repealed.
• WE CARE v. Dept. of Labor & Industries – Served as lead counsel for a coalition of over 150 businesses and business associations challenging Washington's "ergonomics" regulations. Result: while the case was pending before the Washington Supreme Court, the regulation was struck down by a voter-approved initiative.
• Zuver v. AirTouch, Inc. – Represented amicus Association of Washington Business and argued to the Washington Supreme Court. Result: obtained favorable decision on the enforceability of employee arbitration agreements.
• Roberts v. Dudley - Represented amici Association of Washington Business, National Federation of Independent Business and Independent Business Association, and argued to the Washington Supreme Court on this expansion of the tort of wrongful discharge.
• Washington Regulation of Salary Payments for White Collar Workers - Served as sole employer representative in this negotiated rulemaking. Result: rules were adapted (WAC 296-128-500, -532 and -533) that effectively overturned adverse case law from the state supreme court.
• Led all labor and employment related aspects of due diligence and contractual negotiations for merger of two leading health care providers.

Employment Litigation

• Wise v. Verizon and MetLife – Obtained summary judgment for clients, establishing new case law regarding the appropriate statute of limitations for a claim for ERISA benefits under Washington law.
• Dalgliesh v. Verizon Northwest, Inc. – Representing employer in class action claiming unpaid wages for "home dispatch" time.
• Olson, et al. v. Community Transit - Obtained dismissal of all federal claims in this multiplaintiff wrongful discharge case. On remand back to state court, remaining claims were settled on favorable terms.
• Bliesner v. CWA and Verizon Northwest, Inc. – Represented employer before Ninth Circuit Court of Appeals. Result: decision established new law on order of proof in hybrid Section 301/duty of fair representation cases.
• Stollar v. PacifiCorp – Represented employer in this age discrimination action. Result: following vigorous discovery, case settled for nominal payment.

Professional Honors & Activities

• Listed in Best Lawyers in America, 2009-2011
• Selected as one of "America's Leading Lawyers for Business" (Washington) by Chambers USA (currently: Labor & Employment), 2004-2010
• Editor, Washington State Bar Association Labor & Employment Law Section Website
• Immediate past chairman, Employment Law Committee, Association of Washington Business
• Association of Washington Business Chairman's "Heavy Lifter" Award, 2002
• Member, Labor and Employment Law Sections of King County Bar Association, and Administrative and Corporate Law Sections, Washington State Bar Association
• Vice Chair, Legal Affairs Committee, Liability Reform Coalition
• Arbitrator, King and Snohomish Counties

Presentations

• "The Post-RIF Workplace," Stoel Rives LLP, 2009
• Seminar Co-Chair, "Annual Labor and Employment Law Update," Law Seminar International, 2000-2009
• "Legislative Update," Stoel Rives LLP, 2007
• "Discrimination Law Update; Wage and Hour Developments; Recent Significant Court Decisions," CLE Boot Camp, The Seminar Group, 2007
• "Breaking News: A Legislative Update," Stoel Rives LLP, 2006
• "Ergonomics: Every Employer's New Nightmare," 15th Annual Employment Law Seminar, Association of Washington Business, 2001
• "Hiring, Firing and Staying Out of Court," Washington Employment Security Department/Everett Community College, 1996
• "Labor Law Update," Annual Employment Law Seminar, Law Seminar International, 2002-2009
• "Making it Stick: Documenting Performance Problems and Misconduct," Lorman Business Education Institute, 2000
• "The FLSA at Sixty: Developing Areas in Wage and Hour Law," Washington State Bar Association, 1997

Civic Activities

• Member, Board of Directors, Association of Washington Business

Publications

• "Changes Coming for Rest and Meal Breaks?" Washington Healthcare News, March 2010
• "The Employer's Obligation to the Disabled," Association of Legal Administrators Newsletter, 1989
• Comments, "Oregon Adopts Comparable Worth Study Legislation," Willamette Law Review, 1984

Education

• Willamette University College of Law, J.D., 1985, cum laude
• Willamette University Graduate School of Management, M.B.A., 1985
  Managing Editor for Business, Willamette Law Review
• Whitman College, B.A., 1981, summa cum laude

Admissions

• Washington
• Oregon
• California
• U.S. District Courts for the Western and Eastern Districts of Washington, District of Oregon and Central and Northern Districts of California
• U.S. Court of Appeals for the Ninth Circuit
• U.S. Supreme Court

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Experience

Tim O'Connell is a principal in the areas of telecommunications and labor and employment law. As former Counsel, Region Operations, for GTE Service Corporation, he has advised this diverse telecommunications business and its successor, Verizon Communications, on operational, regulatory, commercial and employment matters. He has practiced before the Washington, Oregon, California and Idaho utilities commissions, where he has handled cases involving business practices, rates, costs and cost studies, competitive transition issues, complaint proceedings, and rulemakings. His practice has included all phases of state law proceedings implementing the Telecommunications Act of 1996. He also actively litigates telecommunications issues including consumer claims, class action litigation and contract disputes.

Prior to joining GTE, Tim practiced with the Seattle office of Perkins Coie.

Representative Work

• Washington Independent Telephone Association v. Washington Utilities & Transportation Commission, 110 Wn.App. 147, 39 P.3d 342 (2002), 148 Wn.2d 887, 64 P.3d 606 (2003). Challenge to rule setting access charge rates.
• Judd v. AT&T, et. al, 116 Wn.App. 761 66 P.3d 1102 (2002). Lead counsel for all local telecommunications companies.
• D.J. Hopkins, Inc. v. GTE Northwest Incorporated, 39 Wn.App. 1, 947 P.2d 1220 (1997). Primary jurisdiction doctrine.
• In the Matter of the Application of GTE Corporation and Bell Atlantic Corporation, WUTC Docket No. UT-98-1367 et. al (1999). Lead counsel for merger approval and rate setting.
• In the Matter of the Petition for Arbitration of an Interconnection Agreement Between MCImetro and GTE Northwest Incorporated, WUTC Docket No. UT-960338 (1997) and In the Matter of the Petition for Arbitration of an Interconnection Agreement Between AT&T Communications of the Pacific Northwest, Inc. and GTE Northwest Incorporated, WUTC Docket No. UT-960307 (1997). Setting rates, terms and conditions for interconnection.
• In the Matter of the Investigation into compliance Tariffs of GTE Northwest Incorporated, Oregon Public Utility Commission Docket No. UT 139 (1998). GTE cost studies.

Professional Honors & Activities

• Listed in Best Lawyers in America, 2009-2011
• Included in Chambers' America's Leading Lawyers for Business, 2004, 2005, 2006
• Member, Legal Affairs Committee, Association of Washington Business
• Member, Administrative and Corporate Law Sections, Washington State Bar Association
• Member, Federal Communications Bar Association
• Vice chair, Legal Affairs Committee, Liability Reform Coalition
• Arbitrator, King and Snohomish Counties

Education

• Willamette University College of Law, J.D., cum laude, 1985
• Willamette University Graduate School of Management, M.B.A., 1985
  Managing Editor for Business, Willamette Law Review
• Whitman College, B.A., summa cum laude, 1981

Admissions

• California
• Oregon
• Washington

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