Kerry S. Martin

Shareholder

emailksmartin@rcalaw.com
phone602.440.4891
fax602.257.6932
Legal Assistant: Tina Kaminski
emailtkaminski@rcalaw.com

Biography

Kerry maintains a thriving traditional labor practice built over his 18-year legal career. He represents employers with regional, national and global operations in industries including transportation, trucking, mining, industrial, manufacturing, construction and hospitality. In addition, Kerry practices in the areas of employment, appellate and administrative law.

Labor & Employment Practice. Kerry represents clients in all aspects of traditional labor relations. He also counsels and 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. Kerry 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. Kerry also:

  • 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,  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

Appellate & Administrative. Kerry has handled numerous appeals involving public agencies as well as various commercial litigation issues. His administrative law experience includes representation before state and local on a number of issues, including licensing and procurement matters.

Speaking Engagements

  • "Really – There's More! What to Expect from the NLRB in the Coming Year," October, 2014
  • "Policing Your Policies: What You Should Be Doing Internally to Monitor Your Practices and Policies, so that an Aggressive Federal Agency Does Not Do It For You," October, 2013

Memberships

  • American Bar Association, Labor and Employment Section
  • Arizona Bar Association
Profile Information

Offices

Solutions

Education

  • Indiana School of Law - Indianapolis, J.D., cum laude, 2001
  • Purdue University, B.A.,1998

Admissions

  • Arizona
  • U.S. District Court, District of Arizona

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