Kathleen Phair Barnard devotes her practice to advising and representing labor unions in all aspects of collective bargaining and litigation and representing individual employees in employment discrimination and civil rights cases. She has extensive experience in representing unions during strikes and contract campaigns, in subcontracting disputes and in unfair labor practice proceedings. She has won noteworthy judgments and settlements for individual employees in employment and civil rights cases. Her cases include several which have established precedent protecting victims of sexual harassment and domestic violence, and protecting employees engaged in intermittent strike activity under the Railway Labor Act.
Ms. Barnard is an experienced appellate advocate for labor and employment clients. She also often appears as appellate amicus counsel for labor and civil rights organizations appearing as friends of the court in significant cases. She frequently writes and lectures on labor and employment matters on both the local and national level.
Representative Work
Seattle School District and IUOE Local 609, Decisions 10664-A (PECB, 2010), 10410 (PECB, 2009), 8976 (PECB, 2005), 5733-B - PECB (2003),7349-A (PECB, 2001) (employer violated employees' statutory rights in flagrant manner and/or asserted frivolous defenses, resulting in extraordinary remedies including attorneys fees and, in some cases, training by PERC for employer personnel)
Redmond v. Washington Public Employees Association, Thurston County Superior Court, No. 08-2-02015-8 (2009) (applying six month statute of limitations to claims against union that should be characterized as DFR claims, and dismissing the suit)
14 Penn Plaza LLC v. Pyett, 556 U.S. ___, 129 S. Ct. 1456 (2009) (amicus counsel for AAJ, AARP and NELA) (CBA waivers of individual employee's access to courts are enforceable) Click here for more
Briggs v. Nova Services, 166 Wn.2d 794, 213 P.3d 910, (2009) (amicus counsel for WELA) (right to engage in "concerted activity" is protected under RCW 49.32.020). Click here for more
Oak Harbor Freight Lines, Inc v. Teamsters Local Union 174, King County Superior Court, No. 08-2-38544-2 (2008) (obtained injunction protecting free speech and picketing rights of strikers, including temporary delay of egress of vehicles in order to communicate with drivers)
Seattle School District (IUOE Local 609), Decision 9135-B (PECB, 2007) (union's imposition of internal discipline impaired no labor laws) Click here for more
Hegwine v. Longview Fibre Co., Inc., 162 Wn.2d 340, 172 P.3d 688 (2007) (amicus counsel for ACLU-WA and NWLC) (adverse actions by employers taken against pregnant employees premised on the pregnancy related medical conditions constitute sex discrimination) Click here for more
Andersen v. King County, 158 Wn.2d 1, 138 P.3d 963 (2006) (amicus counsel for 24 labor organizations arguing that the Washington Constitution requires that legal marriage be extended to same sex couples) (state statute restricting legal marriage to opposite sex couples does not violate the Washington constitution) Click here for more
Jason et al. v. UNITE HERE, W.D. WA Case No. 20:5-vc-00820, 2005) (successful in obtaining order transferring case to N.Y. because plaintiffs failed to prove jurisdiction over UNITE HERE)
Rangel v. Red Robin, W.D. WA Case No. 20:4-cv-01291, 2005 (denial of summary judgment on plaintiff's claim that Red Robin discriminated against him by failing to accommodate his religious beliefs), leading to favorable settlement.
Polee v. SEIU Local 925, King County Superior Court, No. 04-2-04801-0SEA (2004) (applying six month statute of limitations to breach of the duty of fair representation claim, and dismissing claim)
Nichols v. Azteca Restaurant Enterprises, 256 F.3d 864 (9th Cir. 2001) (harassment of male employee violated Title VII and WLAD, inasmuch as the harassment derived from perception that employee did not act as a man should act) Click here for more
The Seattle Times v. Communication Workers v. The Newspaper Guild, CWA Local 37082 and Teamsters Local Union No. 174, King County Superior Court, No. 00-2-30905-8 SEA (2000) (injunction issued limiting free speech and picketing rights of strikers), appeal dismissed upon strike settlement.
King County v. Washington Public Employment Relations Commission, 94 Wash.App. 431, 972 P.2d 130 (1999) (counsel WSNA) (county was required to bargain over nurses' concern about safety implications involved in full name badge). Click here for more
UPS v. Teamsters Local Union 174, King County Superior Court, No. 97-2-20310 (obtained injunction protecting free speech and picketing rights of strikers, including right to temporarily delay ingress and egress of vehicles in order to communicate with drivers)
Nelson v. McClatchy Newspapers, 936 P. 2d 1123 (1997) (amicus counsel for Washington State Labor Council and NWLC) (statute prohibits employers from discriminating against an employee on the basis of the employee's political activities, however, the First Amendment prevents application of the statute to newspapers) Click here for more
Hume v. American Disposal, 124 Wn.2d 656, 880 P.2d 988 (1994), cert. denied, 513 U.S. 1112 (1995) (affirming jury verdict for Teamster garbage workers who claimed discharge in retaliation for demanding overtime pay in violation of public policy and holding that those claims were not preempted under federal labor law)
Association of Flight Attendants v. Alaska Airlines, 847 F.Supp. 832 (1993) (injunction issued under Railway Labor Act protecting flight attendants' intermittent strike during contract negotiations) Click here for more