Thomas M. Stanek

Shareholder Phoenix

Mr. Stanek represents clients in all aspects of traditional labor relations. He also counsels and represents companies on matters regarding “noncompete” agreements. In addition, Mr. Stanek defends employers facing claims of discrimination and harassment, as well as claims alleging breaches of contract, unfair competition, wrongful discharge, defamation, interference with contract, and other torts. Mr. Stanek represents employers in both state and federal courts as well as in proceedings before administrative agencies, including the National Labor Relations Board, the Equal Employment Opportunity Commission, the Department of Labor, State Civil Rights Divisions, and other state and federal agencies.

  • Helps clients stay union-free through practical and effective advice and counsel
  • Successfully manages union avoidance campaigns for companies facing imminent threats of unionization
  • Trains supervisors and managers on all aspects of the National Labor Relations Act, Title VII, the ADA as well as other state and federal laws
  • Defends companies in Unfair Labor Practice (ULP), representation, and decertification proceedings before the National Labor Relations Board
  • Represents management in collective bargaining and other negotiations with unions, as well as in grievance and arbitration proceedings
  • Regularly advises and counsels clients on workplace issues and other employment challenges
  • Devises state and national strategies for clients to protect business investments in people, trade secrets, proprietary and confidential information through non-competition, non-solicitation, anti-raiding, confidentiality and other restrictive covenants and employment agreements
  • Maintains comprehensive knowledge of restrictive covenant and trade secret law throughout the 50 states and Puerto Rico, and counsels businesses on compliance with the state laws at issue
  • Prosecutes and defends claims arising out of non-competition, non-solicitation, confidentiality and other restrictive covenants and employment agreements
  • Drafts employment agreements for executives and other senior leadership employees
  • Reviews and revises employee handbooks, policies and employment practices for legal compliance with state and federal law
  • Conducts training for supervisors and managers on internal investigations and other HR issues



Experience

Mr. Stanek represents clients in all aspects of labor relations including: successfully managing union avoidance campaigns for companies facing an imminent threat of unionization; training supervisors on lawful methods to interact with employees; implementing training programs for employees to educate them about unions and their employers; working with management to improve employee morale and become more responsive to employee concerns and issues; investigating and litigating numerous unfair labor practice charges and labor arbitrations; counseling employers on lawful methods to respond to supervisors who were organizing for the union; preparing, defending, and examining witnesses before NLRB proceedings; and participating in all aspects of representation, objection to elections and unfair labor practice hearings.

Mr. Stanek has extensive knowledge of restrictive covenant and trade secret law throughout the 50 states and Puerto Rico.  He counsels businesses on the preparation of non-competition, non-solicitation, non-disclosure, and anti-raiding agreements to comply with the state laws at issue, and has defended and prosecuted numerous claims arising out of such agreements.  Mr. Stanek also represents clients regarding claims of unfair competition, misappropriation of trade secrets, and business disparagement.

Professional Activities and Speeches

Professional Activities:

  • State Bar of Arizona
  • American Bar Association (Section on Employee Rights and Responsibilities)
  • Board Member, Arizona State University College of Law Alumni Association
  • Contributing Editor, The Developing Labor Law, Fifth Edition

Speeches:

  • Ogletree Deakins Seminar - ''NLRB Update: The Good, The Bad, and The Ugly'' - Scottsdale - October 26, 2018
  • Ogletree Deakins Workplace Strategies Seminar - ''When the Pendulum Swings: Understanding the New Rules From the NLRB'' - Phoenix - May 10, 2018
  • Ogletree Deakins Seminar - ''The NLRB Under President Trump: A New Course Charted'' - Scottsdale - October 20, 2017
  • Ogletree Deakins Workplace Strategies Seminar - ''“Headline News”—The Perfect Start to Your Workplace Strategies'' - San Diego - May 04, 2017
  • Record Reporter Webcast - ''Labor Relations'' - September 18, 2015
  • Ogletree Deakins Seminar - ''Noncompete Agreements – One Size Typically Doesn’t Fit All'' - Scottsdale - October 2014
  • Ogletree Deakins Workplace Strategies Seminar - ''Video Killed the Radio Star, But Twitter Might Save Unions'' - Las Vegas - May 2014
  • AZSHRM 2014 Employment Law and Legislative Conference - ''Petitions, Elections, and ULP Charges: What to Expect in Region 28 of the NLRB'' - Phoenix - February 2014
  • Ogletree Deakins Seminar - ''Petitions, Elections, and ULP Charges: What to Expect in Region 28 of the NLRB'' - Scottsdale - October 2013
  • Ogletree Deakins Seminar - ''50 Shades of the NLRB'' - Scottsdale - October 2012
  • Ogletree Deakins Seminar - ''An Ounce of Prevention . . . Preparing for Union Organizing Before It Begins'' - Scottsdale - October 2012
  • Ogletree Deakins Workplace Strategies Seminar - ''Advanced Topics in Complex Leave of Absence Issues'' - Phoenix - May 2012

Published Works

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Our Insights

Media

Media Quotes

March 10, 2017 - SHRM Online - "Despite Concerns about March Madness Pools, Don’t Shut Them Down"
March 10, 2017 - Law360 - "4 Tips To Make March Madness A Win For Employers"
July 15, 2015 - Record Reporter - "Arizona Could See Faster Union Elections with New NLRB Rules"

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