Steven D. Wheeless

Partner

• swheeless@steptoe.com
• vCard
• Phoenix Office

Steve Wheeless is a Steptoe & Johnson LLP partner based in the Phoenix office.  Prior to joining the firm, Mr. Wheeless was an F-16 Instructor Pilot and a Diplomatic Exchange Officer to the Royal Danish Air Force.

Primary Areas of Practice

Labor
Mr. Wheeless represents employers nationwide in all aspects of labor relations, including:

• Union avoidance planning, training, and organizing campaigns;
• NLRB representation hearings and unfair labor practice proceedings;
• Labor-related RICO actions;
• Collective bargaining, contract interpretation, and arbitrations.

Mr. Wheeless has handled scores of union organizing campaigns in numerous industries across the United States. Clients have selected Mr. Wheeless to serve as lead trial counsel in defense of over 600 campaign-related unfair labor practice allegations. For example, Mr. Wheeless served as lead trial/appellate counsel in:

• Cemex, Inc., 28-CA-22165, et al. (NLRB Div. of Judges 2010) (on-going);
• Flagstaff Medical Center, 2009 WL 1405151 (NLRB Div. of Judges 2009) (rejecting unions’ joint employer, subcontracting, and all discrimination claims filed against employer during unions’ multi-year corporate campaign);
• Wal-Mart Stores, Inc., 351 NLRB No. 103 (2008), and Wal-Mart Stores, Inc., 339 NLRB No. 153 (2003) (establishing an employer’s right to lawfully place visiting, high-ranking managers in a facility experiencing union organizing without creating an inherent and unlawful solicitation of grievances);
• Sam’s Club, 349 NLRB 1007 (2007) (upholding employer’s disciplinary decisions, dress code rules, and campaign messages). 
• UFCW, Int’l. v. NLRB, 519 F.3d 490 (D.C. Cir. 2008) (affirming that union’s petitioned-for unit was inappropriate after the employer unilaterally changed employee job duties).

Supervisor Leadership Training
Mr. Wheeless trains and mentors supervisors across the country with an insightful, entertaining, and behavior-oriented Leadership Workshop series that focuses on creating and maintaining employee loyalty through Seven Skills For Supervisor Success. He conducts four different full-day Leadership Workshops: (1) New/Introductory Supervisor Training, (2) Continuing Education Training for Experienced Supervisors, (3) Supervisor Training To Stay Union-Free, and (4) Supervisor Training For Unionized Employers.

Employment
Mr. Wheeless represents employers responding to employment-related charges and lawsuits.  He was lead trial and appellate counsel in Tempesta v. Motorola, Inc., 21 Fed. Appx. 700 (9^th Cir. 2001) (affirming the grant of summary judgment on race claims challenging the employer’s system-wide reduction-in-force policy).  He was also lead trial counsel and co-counsel on appeal in Osuna v.Wal-Mart Stores, Inc., 214 Ariz. 286 (Ct. App. 2007) (affirming denial of class certification and dismissal of wage-and-hour class claims by putative class of 50,000 current and former employees).  He regularly counsels employers on all Human Resources matters. 

Commercial
Mr. Wheeless also represents businesses in state and federal court at the trial and appellate level in complex commercial litigation involving contract, partnership, and financial disputes.  See, e.g., State ex. rel. Goddard v. Western Union Financial Serv., 216 Ariz. 361 (Ct. App. 2007).

• AV Preeminent Peer Review Rated, Martindale-Hubbell’s highest peer recognition for ethical standards and legal ability 
• Ranking Arizona, Top Lawyers (2010)
• AZBusiness Top Lawyers 2009 for Labor & Employment
• Received a #1 Ranking in Chambers USA 2009, America's Leading Business Lawyers; Labor & Employment (Arizona)
• Southwest Super Lawyers 2007-2010 for Labor & Employment Law
• Super Lawyers Corporate Counsel Ed. 2008 for Labor & Employment Law  
• Workforce Management magazine's Hot List: Top 15 Labor & Employment law firms in the US

• Labor Lawyers Advisory Council to National CUE Association
• Developing Labor Law Committee, American Bar Association 
• National Financial Institutions Employment Lawyers Committee

Recent Publications and Speaking Engagements

• American Bar Association Developing Labor Law Committee: The Ethics of Social Media in Labor Relations (3/2/10);
• Society of Independent Gasoline Marketers of America: Fundamental Change to Union Organizing Laws in 2009: Three Things to Consider Now (11/14/09);
• Society for Human Resource Management: Positive Labor Relations in a New Legislative Environment (11/4/09);
• CUE: Social Media in the Workplace: Not When...Now (11/3/09);
• The American Employment Law Council: Navigating Uncharted Waters in Labor Law (10/23/09);
• National Association of Convenience Stores: The Obama National Labor Relations Board Poised for Change (10/22/09);
• National Restaurant Association: Employee Free Choice Act Update and Proactive Planning Recommendations (8/6/09);
• Northwest Indian Gaming Association: Dramatic Change to Labor Laws on the Horizon: What It Means To You (7/14/09);
• California Fashion Association: HR Forum On Emerging Labor Trends (5/14/09);
• National Indian Gaming Association: Union Organizing Trends In Indian Country (4/15/09);
• Federal Bar Association, Indian Law Conference: The Court As Conqueror: Tribal Labor Laws In The Age Of Federal Jurisdiction (4/3/09);
• California Fashion Association: The Employee Free Choice Act: A Proactive Action Plan (4/2/09);
• Arizona Desert Classic Gaming Conference: Federal Labor Law Meets Tribal Sovereignty: Three Case Studies With One Result (2/17/09);
• California Fashion Association: Labor Law Changes On The Horizon (12/18/08);
• National Indian Gaming Association: Tribal Statutory Updates in Anticipation of Union Organizing Efforts (4/22/08);
• Fifth Annual Labor Relations Conference: Sorting Out Protected vs. Unprotected Activity Under the NLRA; Revisiting Employer Solicitation and E-Mail Policies; Basic NLRA Law for New Managers (4/11/08) (A Steptoe-Sponsored Event);
• SHRM/CUE Legal Alert: NLRB Rules That An Employer's Property Interest in its E-Mail System Gives it the Right to Prohibit Union Communications (1/8/08);
• Speaker/Writer: Union Pursues Organizing in the Hospitality Industry; Webinar/In-House Seminar (11/15/07) (A Steptoe-Sponsored Event);
• Speaker/Writer: Labor Law Update: What Health Care Employers Need to Know About SEIU; Webinar (10/15/07) (A Steptoe-Sponsored Event);
• Speaker/Writer: CUE Fall 2007 Conference: Will A Union Surf the Web Into Your Workplace? - Strategies and Tactics for Union Avoidance in Cyberspace (10/14/07) (Colorado Springs, CO);
• Writer: Steptoe & Johnson LLP Takes Lead On New NLRB Law (5/18/07);
• Speaker/Writer: Fourth Annual Labor Relations Conference: Employee Use of E-Mail and Internal Publications To Discuss Unions; How the NLRB Works "R" and "C" Cases (5/02/07) (A Steptoe-Sponsored Event);
• Writer: Labor Issues for Non-Organized and Organized Employers, Sabanes-Oxley Compliance and Whistle-blower Protection, Labor Issues and Union Avoidance, Annual Employment Law Update (2/6/2007);
• Speaker/Writer: What Every Employer Needs to Know About Proposition 202 by January 1, 2007; Webinar (12/19/06) (A Steptoe-Sponsored Event);
• Speaker/Writer: Guard Publishing:  Is Email A Cyberspace Workplace or Company Property?  National Finance Industry Employment Law Committee (6/8/2006);
• Writer: Trade Secrets & Employee Raiding Update (4/20/06)
• Writer: Labor Relations Law Update (3/1/06);
• Writer: Advanced Employment Law:  Working Through Common Problems, National Business Institute Teleconference (2006);
• Speaker/Writer: Lessons Learned From Restrictive Convenant Litigation^©, Steven Wheeless, Key Employees In Transition:  Trends & Tactics for Protecting Intellectual Property and Trade Secrets in the Workplace - Corporate Counsel Teleconference (2006);
• Speaker/Writer: 2006 Sarbanes-Oxley Update, National Finance Industry Employment Law Committee;
• Speaker/Writer: The Importance of Quickly and Correctly Determining Who Is A Supervisor Under the NLRA, Resisting A Union Campaign From A-Z, The Critical First Battleground Of The Campaign:  Bargaining Unit Issues, Third Annual Labor Relations Conference (2006);
• Speaker/Writer: The Most Effective Tool To Prevent Inevitable Disclosure and Litigation Strategies and Tactics for Dealing with Key Employees in Transition, Key Employees In Transition:  Trends & Tactics for Protecting Intellectual Property and Trade Secrets in the Workplace - Biltmore Labor and IP Law Seminar (2006);
• Speaker/Writer: Training Supervisors To Be Effective, Lawful Members Of A Union-Avoidance Team, National Duty Association Annual Meeting (2006);
• Writer: Sarbanes Oxley And The Non-Public Subsidiary:  A Non-Sequitur?, The Corporate Counselor (2005);
• Writer: Confidential Client Communications?  Maybe Not: Sarbanes-Oxley Versus the Attorney-Client Privilege; The Corporate Counselor (2005);
• Speaker/Writer: Managing Labor Relations Risk in the 21st Century, American Express Labor Training Seminar (2005);
• Speaker/Writer: Training Supervisors to be Effective Members of the Union–Avoidance Team, Second Annual Labor Relations Conference (2005);
• Speaker/Writer: Clarifying the FMLA’s Legalese, Auditing Your Policies and Procedures for Compliance: What Exactly Are the Employer's Responsibilities under the FMLA?, Council for Education in Management (2005);
• Speaker/Writer: Untangling the Web of Overlapping Provisions of the FMLA, ADA, PDA, Workers' Comp, and Antidiscrimination Laws, Council for Education in Management (2005); 
• Speaker/Writer: Is Gordon Gekko (Wall Street) Really Gone?  Practical and Ethical Issues of Importance to Labor and Employment Attorneys under Sarbanes-Oxley, ABA Developing Labor Law Mid-Winter Meeting (2005);
• Writer: A Guide to Union Picketing and Handbilling, The Practical Lawyer (2005);
• Writer: What Bush’s Re-Election Means for Trends in National Labor Policy: Legal Principles with Practical Effects on Employers, Corporate Counsel Division (2005);
• Speaker/Writer: Changing Times & Tactics: Labor Law in the 21st Century, Biltmore Labor Law Seminar (2004);
• Speaker/Writer: 2004 Labor Trends in the Finance Industry, National Finance Industry Employment Law Committee;
• Speaker/Writer: Negotiating the Weingarten Obstacle Course in the Non-Union Setting, ALI-ABA Employment and Labor Law (2004);
• Contributing editor to Developing Labor Law (Cumulative Supplement 2004 and 2005);
• Speaker/Writer: Reasonable Accommodation: How Far Must You Go?, AAI Annual Human Resources Summit;
• Speaker/Writer: Legal Research: Advanced Techniques and Tools, National Business Institute Annual Conference;
• Speaker/Writer: Current Issues of Significance under the Americans with Disabilities Act, ALI-ABA Employment and Labor Law (8th Ed. 1997);
• Speaker/Writer: Employer Policies and Procedures: Conducting a Legal Audit, Avoiding Liability for Hostile Work Environment Sexual Harassment Claims, Limiting Liability for Workplace Violence, the Process of Achieving a Reasonable Accommodation under the ADA, East Valley Seminar Series;
• Speaker/Writer: Multi-Employer Job Site Liability, LES Annual OSHA Conference;
• Speaker/Writer: Can You Be Disabled when You're Not?, CUE Annual Conference;
• Writer: Problem Areas under the ADA: Pre-Employment Inquiries and Reasonable Accommodations, Arizona Labor Letter; and, The Family and Medical Leave Act, Age Discrimination in Employment Act and Veterans' Affairs Sections of the Arizona Chamber of Commerce Employer Handbook;
• Contributing editor to Schlei & Grossman's Employment Discrimination Law  (3d Ed. 1997).

Select News & Events

• Seventh Annual Labor Relations Conference, May 13, 2010, (A Steptoe-Sponsored Event)
• Southwest Super Lawyers Honors 14 Steptoe Attorneys
• Labor Relations College For HR Professionals In A Labor-Friendly World, (A Steptoe-Sponsored Event)
• Employment Law Seminar, December 8, 2009, (A Steptoe-Sponsored Event)
• Sixth Annual Labor Relations Conference, April 24, 2009, (A Steptoe-Sponsored Event)
• Annual Employment Law Update: What In-House Counsel and HR Executives Need to Know, February 10, 2009, (A Steptoe-sponsored event)
• Steptoe Presents: Post-Election Changes to Labor Law; Act Now to Remain Union-Free, December 4, 2008, (A Steptoe-Sponsored Event)
• Fourteen Steptoe & Johnson LLP Attorneys in Phoenix are Named Super Lawyers

Selected Publications

• LegalEase: Plain Talk on Legal Topics - Get Organized
  October 2009, LeadersEdge