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 levels.
Planned Parenthood of Great Northwest, et al. v. Bloedow, 187 Wash.App. 606 (2015) (representing co-plaintiff health care providers) (injunction warranted to prevent disclosure of individualized abortion data because the data was exempt from disclosure under the Public Records Act)
M & G Polymers USA, LLC v. Tackett, 135 S. Ct. 926, 190 L. Ed. 2d 809 (2015) (amicus co-counsel for Labor Law and Benefits Law Professors) (In determining whether CBA provides for lifetime vested healthcare benefits, courts should examine the entire agreement in light of industry practice).
Wal-Mart Stores, Inc. v. United Food & Commercial Workers Int'l Union, ___ Wn. App. ___,
2015 WL 3985812 (2015) (National Labor Relations Act (NLRA) preempted store owner's state court trespass action against OUR Walmart demonstrations and flash mobs).
Familias Unidas Por La Justicia v. Sakuma Bros. Farms, Inc., 2014 WL 2154382, (W.D. Wash) (2014) (Immigration Reform Control Act of 1986 does not support removal of Washington Law Against Discrimination in farmworker housing claim from state court; award of attorney's fees for improper removal).
Familias Unidas Por La Justicia v. Sakuma Bros. Farms, Inc., Skagit County Sup. Ct., No.
14-2-00924-3 (2014) (Permanent injunction issued under Washington's Little Norris LaGuardia Act (LNLA) and Law Against Discrimination requiring employer to consider former farmworker strikers eligible for rehire and requiring employer to provide housing for employees' families during seasonal work); (Permanent injunction issued under LNLA barring employer from restricting and surveilling visitors to farmworker housing and from prohibiting distribution of union literature during non-work times and in non-work areas); (Employer prohibited under LNLA from using discovery process to obtain information concerning worker self-organizing and communications between workers and their union officers).
Familias Unidas Por La Justicia v. Sakuma Bros. Farms, Inc., Skagit County Sup. Ct., No. 13-2-01641-1 (2013) (Employer enjoined under LNLA from placing security guards in farmworker housing or within one half-mile of housing, or from following workers or community supporters of workers on public highways or elsewhere).
Alaska Airlines, Inc. v. Schurke, No. C11-0616JLR, 2013 WL 2402944, (W.D. Wash. 2013) (Representing intervener Association of Flight Attendants-CWA) (The Railway Labor Act does not preempt enforcement of the Washington Family Care Act's protections for family leave for flight attendants).
14 Penn Plaza LLC v. Pyett, 556 U.S. 247, 129 S. Ct. 1456, 173 L. Ed. 2d 398 (2009) (amicus counsel for AAJ, AARP and NELA) (CBA waivers of individual employees' access to courts are enforceable).
Danny v. Laidlaw Transit Servs., Inc., 165 Wash. 2d 200, 193 P.3d 128 (2008) (Washington State has a clear public policy, in context of tort of wrongful discharge in violation of public policy, of protecting domestic violence survivors and their children and holding domestic violence perpetrators accountable).
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).
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 pregnancy-related medical conditions constitute sex discrimination).
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).
Rangel v. Red Robin, W.D. WA Case No. 20:4-cv-01291 (2005) (denial of summary judgment on claim that Red Robin discriminated against employee by failing to accommodate his religious beliefs, leading to favorable settlement).
Nichols v. Azteca Restaurant Enterprises, 256 F.3d 864 (9
th Cir. 2001) (harassment of male employee violated Title VII and WLAD, inasmuch as the harassment derived from perception that employee did not meet gender stereotypes held by harassers).
King County v. Washington Public Employment Relations Commission, 94 Wn.App. 431, 972 P.2d 130 (1999) (counsel WSNA) (county was required to bargain over nurses' concern about safety implications involved in full-name badges).
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).
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 continue picket for short and timed duration in order to communicate with drivers crossing picket).
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, as a matter of first impression, flight attendants' intermittent strike during contract negotiations).