Steptoe partner Steve Wheeless practices nationally, representing clients large and small in numerous industries and locations. Prior to joining the firm, Mr. Wheeless served as a United States Air Force F-16 Instructor Pilot and a Diplomatic Exchange Officer to the Royal Danish Air Force. His primary areas of practice include:

Labor

Mr. Wheeless represents clients nationwide with:

Strategic Labor Relations Workforce Planning
State and Federal Labor-Related Litigation
NLRB representation hearings and unfair labor practice proceedings
Collective bargaining, contract interpretation, and arbitrations
Union organizing campaigns
Supervisor Leadership Workshops

Clients have selected Mr. Wheeless to serve as lead trial counsel in connection with over 1000 employer and union-initiated unfair labor practice allegations, labor-related civil suits, and arbitration matters such as:

Wal-Mart Stores, Inc. v. United Food and Commercial Workers International Union, et al. (obtained statewide injunctive relief against trespass by Union and its allies in CA, TX, FL, MD, AR, and CO; defeating Union’s motions to dismiss based on preemption, SLAPP, and anti-injunction act grounds)
Flagstaff Medical Center v. NLRB, 715 F.3d 928 (D.C. Cir. 2013) (reversing NLRB on CEO statements to employees and employee discharge)
National Basketball Association, 2-CA-40518 (2011) (surface bargaining claims settled)
Flagstaff Medical Center, 357 NLRB No. 65 (2011) (rejecting joint employer, subcontracting, and discrimination claims filed during multi-year corporate campaign)
Marceau v. IBEW, 618 F. Supp. 2d 1127 (2009) (union’s motions to dismiss and summary judgment on client’s RICO claims denied)
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 organizing without creating an inherent and unlawful solicitation of grievances)
UFCW, Int’l. v. NLRB, 519 F.3d 490 (D.C. Cir. 2008) (affirming that petitioned-for unit was inappropriate after unilateral changes in employee job duties)
Sam’s Club, 349 NLRB 1007 (2007) (upholding disciplinary decisions, dress code rules, and campaign messages)
Wal-Mart Stores, Inc., 349 NLRB No. 102 (May 18, 2007) (establishing an employer’s right to impose time, place, and manner property access rules for leased exterior property)

National and multi-national clients also call on Mr. Wheeless for advice and counsel on merger and acquisition issues involving organized work forces as well as labor-related antitrust issues as they affect key offensive and defensive business decisions. Mr. Wheeless also helps clients deal with Lanham Act issues arising in the context of evolving “work center” corporate campaigns.

Employment Litigation

Mr. Wheeless serves as lead trial and appellate counsel for employers defending against wage-and-hour putative class and collective actions. For example, he led the litigation and appellate team that prevailed on all class and individual claims in Osuna v. Wal-Mart Stores, Inc., 214 Ariz. 286 (Ct. App. 2007) (affirming denial of class certification and dismissing wage-and-hour class claims by putative class of 50,000 current and former employees). See also, Carrillo v. Schneider Logistics, Inc., et al., (counsel of record for pending wage and hour class action). He defends clients facing complex EEO and EEOC Commission-initiated Charges and Complaints, including for example claims of systemic and disparate-impact discrimination as in Tempesta v. Motorola, Inc., 21 Fed. Appx. 700 (9th Cir. 2001) (affirming summary judgment on race claims challenging the employer’s system-wide RIF policy).

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).