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 the representation of hospitals
and other health care providers in 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.
Tim is the Chair of the Legal Affairs Committee for the Association of Washington
Partner
Business, Washington's state-wide chamber of commerce.
Seattle, WA
Representative Work
(206) 386-7562 direct
Labor Relations
(206) 386-7500 fax
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Represented a major non-profit agency challenging the city's attempt to require
union 'neutrality agreements.' Result: the city withdrew the attempt to make
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tim.oconnell@stoel.com
'neutrality agreements' mandatory.
Education
Served as lead negotiator for an Oregon-based medical center in client's first
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J.D., 1985, cum laude
collective bargaining contract. Result: successfully reached a contract deal
Managing Editor for Business,
following 18 months of bargaining.

Represented a hospital in federal court defending against union attempt to force
the consolidation of grievances arising under different collective bargaining
agreements. Result: federal district court agreed that consolidation was a
question of substantive arbitrability, and the union's petition to compel
Willamette Law Review

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Admissions
training time was compensable. Result: complete rejection of union claims.
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Washington
Represented an acute care hospital after the Labor Board issued a complaint
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Oregon
concerning cafeteria access. Result: persuaded the Region to dismiss the charges
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California
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U.S. District Courts for the Western
and Eastern Districts of Washington,
District of Oregon and Central and
Advised a health care system throughout a sustained union election campaign by
the United Food and Commercial Workers. Result: rejection of union petition.
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Whitman College, B.A., 1981, summa
cum laude
Represented a hospital in labor arbitration on the issue of whether certain
over the union's objections, without a hearing.
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Willamette University Graduate School
of Management, M.B.A., 1985
arbitration was denied.

Willamette University College of Law,
Represented hospital in labor arbitration concerning assignment of charge nurse
duties and whether a nurse could be removed from a charge nurse assignment
Northern Districts of California
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U.S. Court of Appeals for the Ninth
Circuit
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U.S. Supreme Court
Timothy J. O'Connell
only for just cause. Result: complete rejection of union claims and affirmance of hospital's right to make change assignments at
its discretion.
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Represented hospital in labor arbitration challenging compensation practices for donning and doffing scrubs. Result: rejection of
union's claims and hospital's compensation practice approved.
Labor and Employment Law

Washington State Nurses Ass'n v. MultiCare Health System - Represented client defending against claims that its mandatory flu
vaccination program failed to reasonably accommodate disabilities or religious beliefs. Result: defeated a motion for temporary
restraining order filed the business day before it was argued.
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Washington State Nurses Ass'n v. Sacred Heart Medical Center - Prepared amicus briefing on behalf of several clients addressing
the rate of pay for missed "rest breaks." Result: the court ruled in the client's favor on the grounds used in our briefing.
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Led all labor and employment related aspects of due diligence and contractual negotiations for merger of two leading health
care providers.
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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 accepted early separation incentives were
repealed.
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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.
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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.
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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.
Employment Litigation
o
Malloque & Rachner, et al. v. MultiCare Health System - Lead counsel in this putative class action challenging health care
system's practices regarding the provision of meal and rest breaks.
o
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.
o
Dalgliesh v. Verizon Northwest, Inc. – Represented employer in a class action claiming unpaid wages for "home dispatch"
time. Claims settled on favorable terms.
o
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.
Timothy J. O'Connell
Professional Honors and Activities
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Selected by Best Lawyers® as Communications Law Lawyer of the Year, Seattle, 2014 and 2016
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Listed in Best Lawyers in America© (currently: Communications Law, Employment Law-Management, Labor Law-Management,
Health Care Law), 2009-2016
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Listed in Washington Super Lawyers® (Employment and Labor), 2012-2016
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Selected as one of "America's Leading Lawyers for Business" (Washington) by Chambers USA (currently: Labor &
Employment), 2004-2016
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Editor, Washington State Bar Association Labor & Employment Law Section Website, 2008-2011
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Past Chairman, Employment Law Committee, Association of Washington Business
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Association of Washington Business Chairman's "Heavy Lifter" Award, 2002
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Member, Labor and Employment Law Sections of King County Bar Association, and Administrative and Corporate Law Sections,
Washington State Bar Association
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Vice Chair, Legal Affairs Committee, Liability Reform Coalition
Presentations
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"Meal and Rest Break Litigation: Theories, Themes and Prospects," Northwest Organization of Nurse Executives, 2011
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"A Long and Proud Tradition: Major Idiosyncrasies of Washington Labor and Employment Law," The Seminar Group, 2011
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Seminar Co-Chair, "Annual Labor and Employment Law Update," Law Seminars International, 2000-2011
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"2010 Labor and Employment Law: Year in Review," Washington State Society of Healthcare Attorneys, 2010
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"The Post-RIF Workplace," Stoel Rives LLP Breakfast Seminar, 2009
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"Labor Law Update," Annual Employment Law Seminar, Law Seminar International, 2002-2009
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"Legislative Update," Stoel Rives LLP Breakfast Seminar, 2007
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"Discrimination Law Update; Wage and Hour Developments; Recent Significant Court Decisions," The Seminar Group, 2007
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"Ergonomics: Every Employer's New Nightmare," 15th Annual Employment Law Seminar, Association of Washington Business, 2001
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"Making it Stick: Documenting Performance Problems and Misconduct," Lorman Business Education Institute, 2000
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"Hiring, Firing and Staying Out of Court," Washington Employment Security Department/Everett Community College, 1996
Publications
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Quoted in "Machinists Continue Filing Claims Against National Union over Boeing Vote," Puget Sound Business Journal, Jan. 2014
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"Labor Relations for Health Care Employers: Turbulent Times Call for Careful Measures Across Providers" (coauthor), Health Care
Law Roundtable, The Advisory Board Company, Mar. 2013
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"Changing the Rules: The Federal Government Makes Union Organizing Easier," Washington Healthcare News, Nov. 2011
Timothy J. O'Connell
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"Changes Coming for Rest and Meal Breaks?" Washington Healthcare News, Mar. 2010
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"The Employer's Obligation to the Disabled," Association of Legal Administrators Newsletter, 1989
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Comment, "Oregon Adopts Comparable Worth Study Legislation," Willamette Law Review, 1984
Civic Activities
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Member, Board of Directors, Association of Washington Business
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Vice-Chair, Mercer Island Utilities Board