Amanda Gamblin offers practical advice for the unique employment issues that arise in the construction and maritime industries. Her advice integrates complex and often contradictory legal requirements with the business realities facing a workforce that may be deployed for extended periods, seasonal, or transitory, and where safety is of primary concern. On those occasions when the employment relationship breaks down, Amanda represents employers in litigation, arbitration and mediation.

Increasing the value of your company

Amanda helps businesses increase their value with strategies that incentivize productivity while protecting the company’s intellectual property and business operations. These strategies improve the company’s current performance while facilitating its future transition to a buyer or the next generation of employees. If an employee bound by a noncompete or similar promise moves to another employer, Amanda will ensure through her advice and counsel that the transition occurs without harm to any party.  But if the employee walks out the door with the company’s secrets (or is falsely accused of such a breach), Amanda will vigorously protect her client’s rights in court.  

Business solutions to class action litigation

Amanda has litigated large, complex class actions including wage and hour, race discrimination and Title III Americans with Disabilities Act (ADA) disability cases in the construction and transportation industries. She is known for creative strategies that lead to business-oriented solutions.

Hard-fought insight from experience

Amanda counsels employers of all size through the full scope of issues related to organized labor, including union organizing activities, representation elections, arbitrations and lawsuits.

Preventing discrimination and retaliation

Taking a proactive approach to employment problems, Amanda trains executives, managers and directors to understand their legal obligations, recognize high-risk situations and balance the needs of the business with the rights of employees.

Experience

Employment Experience

• Won a defense verdict for a maritime employer in an ADA discrimination claim that was appealed to (and affirmed by) the Washington Supreme Court.
• Defeated a motion for a temporary restraining order against a large technology client that had hired an employee with a noncompete agreement with his former employer. The court recognized the potential unenforceability of the noncompete agreement and denied the former employer’s TRO.
• Represented a contractor in a $4.5 million wrongful death action where the plaintiff claimed that the employer was not subject to the workers’ compensation exclusive remedy. Our creative strategy caused the plaintiff to reduce his settlement offer by 75% after the summary judgment hearing; ultimately, our client paid nothing.
• Obtained a permanent injunction against a former employee who attempted to compete in clear violation of a noncompete agreement.
• Prepared a manufacturing company for an asset sale by implementing restrictive covenants, arbitration agreements and bonus retention agreements, and by cleaning up employee and benefit plans and policies. As a result, the company’s value substantially increased before it went on the market.

Labor Experience

• Served on the lead legal team for a multi-national transportation company in a contentious and highly publicized labor dispute at the Port of Portland with the International Longshore and Warehouse Union.
• Represent a Sheriff's office as plaintiff seeking injunctive relief for an unlawful strike. Seven deputies requested an indefinite paid leave of absence, thereby leaving on a handful of deputies to protect the County. We filed an injunction to enjoin the strike on behalf of our client. Just two business days before the hearing, the defendants voluntarily sent the deputies back to work.
• Defeated dozens of unfair labor practice charges filed by a union during its campaign for representation, resulting in the union giving up its efforts to unionize the employer before the election.
• Worked on the team that helped resoundingly defeat the Teamsters union in an election campaign for a large warehouse employer.
• An air quality testing firm was targeted by the steelworkers’ union, which filed simultaneous unfair labor practice charges and persuaded employees to sue for unpaid prevailing wages and retaliation. The union’s stated goal was to run our client out of business if it refused to capitulate to their demands. We defeated the union efforts and prevailed on all claims. Client continues to be a thriving non-union shop today.
• A vending retailer was targeted by the Association of Western Pulp and Paper Workers Union. The union then filed unfair labor practice charges and persuaded employees to file a class action lawsuit and two separate individual cases claiming retaliation. We not only won the union election, but we also defeated all court claims. The last unfair labor charge was settled this year.

Recent Labor Negotiations & Advice

• Manufacturing and Retail: Aviation companies, regional tire retailer.
• Ports, Maritime, and Transportation: Pacific Northwest tugs, barges, stevedores, ports; national shipping and logistic company.
• Other Industries: Including heavy industrial contractors and county governments.

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