Nicholas J. Enoch

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Nicholas J. Enoch has received Martindale-Hubbell’s highest attorney rating of “AV” and is listed in Best Lawyers in America Southwest Super Lawyers.  He was named Best Lawyers’ Lawyer of the Year in 2016 and Lawyer of the Year in its Labor Section in 2017.

Nick specializes in complex labor and employment law matters. His practice focuses on wage and hour issues, discrimination cases, wrongful termination, and employment agreements. He also represents employees in administrative agency proceedings and has handled arbitrations, and bench and jury trials. Nick also represents unions and employees in grievances, arbitrations, unfair labor practice cases, and collective bargaining negotiations.

Education

• The University of Dayton (J.D., M.B.A., 1995)
• The Pennsylvania State University (B.A., Labor Studies with minors in Business and History, 1991)

Professional Recognition

• AFL-CIO Lawyers Coordinating Committee (1996-present)
• American Constitution Society
  • Economic, Workplace, and Environmental Regulation Issue Group
  • Judicial Nominations Task Force
• Federal Bar Association (Sections: Labor and Employment Law; ADR; Environment, Energy, and Natural Resources; Transportation and Transportation Security Law)
• Labor and Employment Relations Association
  • Board of Directors (2008-) and President (2012-2013), Arizona Chapter
  • Rocky Mountain Chapter
  • Greater Houston Chapter
  • Nittany Chapter
  • Airline Industry Council
  • Utilities Industry Council
  • Labor Unions/Labor Studies Section
  • Dispute Resolution Section
• National Employment Lawyers’ Association (Arizona, Colorado and Texas Chapters)
• State Bar of Arizona
  • Labor and Employment Law Section including, inter alia, CLE Committee (2009-2013), Executive Council (2010-), and Secretary (2014-)
  • ADR Section
  • Administrative Law Section
  • Monitor, Member Assistance Committee (1998-2008)
  • Monitor, Law Office Management Assistance Program (2000-2008)
• Maricopa County Bar Association (Sections: Employment Law and Litigation)
• State Bar of Colorado (Sections: Labor and Employment Law; ADR; Natural Resources and Energy Law)
  • Colorado Bar Association Civil Rights Committee
• Denver Bar Association
• State Bar of Texas (Sections: Labor and Employment Law; ADR; Aviation Law; Public Utility Law)
• El Paso Bar Association (Sections: Labor and Employment Law; ADR)

Bar Admissions

• Arizona
• Colorado
• Texas

Court Admissions

• U.S. Supreme Court
• U.S. Court of Appeals, Fifth Circuit
• U.S. Court of Appeals, Ninth Circuit
• U.S. Court of Appeals, Tenth Circuit
• U.S. Court of Appeals, District of Columbia Circuit
• U.S. District Court, District of Arizona
• U.S. District Court, District of Colorado
• U.S. District Court, District of Louisiana
• U.S. District Court, Eastern District of Texas
• U.S. District Court, Northern District of Texas
• U.S. District Court, Southern District of Texas
• U.S. District Court, Western District of Texas

Representative Experience

• Argued the constitutionality of the State’s charter school system before the Arizona Supreme Court.
• Represented an airline pilot union in a public hearing before the National Transportation Safety Board in a matter involving a fatal plane accident in Illinois.
• Successfully defended union, its officers and numerous members of the public in a tort action brought against them by an employer based on alleged acts of trespass and violence perpetrated during a picket at the employer’s corporate headquarters.
• Achieved $9 million settlement in an age discrimination lawsuit brought by a group of older workers against a large Arizona corporation.
• Successfully represented labor organization in repeated investigations and inquiries by the U.S. Department of Labor addressing union’s and union officers’ finances and election practices.
• Successfully represented Arizona labor organizations sued in federal court in Nevada based on allegedly defamatory comments published on the Union’s website and in its membership magazine.
• Successfully defended injunction action and grievance brought against a professional football player by his team alleging, inter alia, that the player had violated his contract by playing for another team in a rival football league.
• Briefed and argued many federal, state and administrative matters that resulted in publicly available opinions, including:
  • N. Valley Emergency Specialists, L.L.C. v. Santana, 208 Ariz. 301, 93 P.3d 501 (2004) (successfully argued that all employer and employee employment agreements are exempt from the provisions of Arizona’s arbitration act).
  • Addington v. US Airline Pilots Ass’n, 588 F. Supp. 2d 1051 (D. Ariz. 2008), reversed, 606 F.3d 1174 (9th Cir. 2010), cert. denied, 189 L.R.R.M. (BNA) 3120 (2011) (finding that DFR claim against newly-certified union representing the pilots of a newly merged airline was not ripe on the grounds that it was speculative that a single collective bargaining agreement incorporating the old union’s seniority plan would be ratified if presented to the union’s membership).
  • Fleming v. Yuma Reg’l Med. Ctr., 587 F.3d 938 (9th Cir. 2009), cert. denied, 130 S. Ct. 3468 (2010) (concluding that 29 U.S.C. §794 incorporated the “standards” of Title I of the ADA for proving when discrimination in the workplace was actionable, but not Title I in toto, and therefore the Rehabilitation Act covered discrimination claims by an independent contractor).
  • Hoffman v. Kramer, 185 F.Supp.2d 700 (S.D. Tex. 2002), affirmed, 362 F.3d 308 (5th Cir. 2004) (successfully argued that a Union officers’ routine operating decisions and details of internal office administration, including decision to pay for employee’s graduate studies, giving employees extra time off, shredding union documents, alleged poor attendance, and sloth, and sending letters to union members instead of using union newsletter, did not breach fiduciary duties so as to provide good cause for suit by union member under LMRDA).
  • McDonnell v. Southwest Airlines Co., 2008 U.S. App. LEXIS 19852 (9th Cir. 2008) (successfully defeated attempt by the Tribune Company to unseal court records containing highly sensitive post accident safety surveys developed by airline pilot union and completed by its membership).
  • Hebron v. Shinseki, 2012 U.S. Dist. LEXIS 50664 (D. Ariz. Apr. 11, 2012) (successfully defeated dispositive motion filed by U.S. Attorneys’ Office in an age discrimination lawsuit brought by a physician against the VA).
  • Lopez v. Ariz. Pub. Serv. Co., 2010 U.S. Dist. LEXIS 34086 (D. Ariz. 2010) (achieved a court-approved $1.6 million settlement in an FLSA collective action brought by unionized security force at the country’s largest nuclear facility).
  • Garcia v. Salt River Project Agric. Improvement & Power Dist., Elec., 618 F.Supp.2d 1092 (D. Ariz. 2007) (successfully argued that labor union was entitled to summary judgment on plaintiff’s claim for breach of the union’s duty of fair representation).
  • Graham County Elec. Coop., Inc. v. Local Union No. 387, IBEW, 379 F.Supp.2d 1066 (D. Ariz. 2005) (successfully defended employer-initiated action to vacate a labor arbitrator’s award).
  • Taxey v. Maricopa County, 237 F.Supp.2d 1109 (D. Ariz. 2002) (successfully defeated employer’s motion for summary judgment in lawsuit alleging national origin discrimination).
  • IBEW, Local Union 640 v. Dueck, 148 F.Supp.2d 955 (D. Ariz. 2000) (successfully sought a remand from federal to state court of a collection action brought against a union member by labor organization seeking to collect a union imposed fine against the member for his having violated the terms of his membership).
  • Schnabel v. Hualapai Valley Fire Dist., 2009 U.S. Dist. LEXIS 13843 (D. Ariz. 2009) (successfully defended public employer’s motion for summary judgment on various First Amendment, §1983 and state law claims brought by six unionized firefighters stemming from their discharge).
  • Dowdell v. Hospice Family Care, Inc., Trial Rep. of Cent. & N. Ariz., at 4 (April 15, 2008) (achieved unanimous jury verdict in less than one hour of deliberations based on violations of the public policy of the State of Arizona and breach of the implied covenant of good faith and fair dealing by employer who wrongfully terminated social worker for having notified Adult Protective Services of suspected elder abuse).
  • Southwest Gas Corp., 330 N.L.R.B. No. 171, 165 L.R.R.M. (BNA) 1280 (2000) (successfully argued that employer had committed unfair labor practices by its refusal to bargain with newly selected union of its employees).
  • Navopache Electric Cooperative, Inc. General Rate Case, 2012 Ariz. PUC LEXIS 175 (July 30, 2012) (on behalf of labor organization, successfully prodded a reluctant public utility to seek a rate increase and then, later, supported a public utility’s effort to achieve a rate hike of $3.4 million per annum).
  • Arizona Public Service Co. General Rate Case, 2012 Ariz. PUC LEXIS 81 (May 24, 2012) (on behalf of three labor organizations, successfully entered into and supported a settlement agreement in which public utility agreed to, inter alia, provide regular public reports regarding its aging workforce).
  • UNS Gas Inc. General Rate Case, 2012 Ariz. PUC LEXIS 100 (May 1, 2012) (on behalf of labor organization, successfully supported a public utility’s effort to achieve a rate hike of $2.7 million per annum).
  • In the Matter of the Proposed Merger of QWest Communications International Inc. and CenturyTel, Inc., 2011 Ariz. PUC LEXIS 79 (March 9, 2011) (represented labor union representing 2,150 Qwest employees in the State of Arizona in a regulatory proceeding involved proposed merger of two of the country’s largest telecommunications companies).
  • In the Matter of the Joint Application of Qwest Comm. Int’l, Inc. & CenturyLink, Inc. for Approval of Indirect Transfer of Control of Qwest Corp., El Paso County Tel. Co., Qwest Communications Co. LLC, and Qwest LD Corp., 2010 Colo. PUC LEXIS 1147 (2010) (represented labor union representing 2,240 Qwest employees in the State of Colorado in a regulatory proceeding involved proposed merger of two of the country’s largest telecommunications companies).
  • Arizona Water Company General Rate Case, 284 P.U.R.4th 82 (2010) (on behalf of labor organization, successfully supported a public utility’s effort to achieve a rate hike of $10.7 million per annum).
  • UNS Gas, Inc. General Rate Case, 280 P.U.R.4th 505 (2010) (on behalf of labor organization, successfully supported a public utility’s effort to achieve a rate hike of $3.5 million per annum).
  • Arizona Public Service Co. General Rate Case, 2009 Ariz. PUC LEXIS 265 (December 30, 2009) (on behalf of three labor organizations, successfully entered into and supported a settlement agreement with twenty-one other parties including pro employee public utility in which public utility received a rate hike in the amount of approximately $345 million).
  • Trico Electric Cooperative, Inc. General Rate Case, 2009 Ariz. PUC LEXIS 186 (August 6, 2009) (on behalf of labor organization, successfully supported a pro employee public utility’s effort to achieve a rate hike of 8.8% or $6 million).
  • Tucson Electric Power Co. General Rate Case, 270 P.U.R. 4th 1 (2008) (on behalf of labor organization, successfully entered into and supported a settlement agreement with a dozen other parties including pro employee public utility in which public utility received a 6% rate hike which, over time, equates to hundreds of millions, if not billions, of dollars).
  • In the Matter of the Filing by Tucson Electric Power Co. to Amend Decision No. 62103, 2007 Ariz. PUC LEXIS 96 (May 21, 2007) (successfully argued on behalf of labor organization, and over the objection of public utility, that attempt to charge “market rates” for electric service was procedurally flawed in as much as it needed to be done in the context of a general rate case).
  • In the Matter of the Application of Arizona Public Service Co. for an Emergency Interim Rate Increase and for an Interim Amendment to Decision No. 67744, 2006 Ariz. PUC LEXIS 59 (May 5, 2006) (on behalf of three labor organizations, successfully supported request by pro employee public utility for an additional $110 million aimed at covering utility’s prudent fuel and purchased power costs).
  • Arizona Public Service Co. General Rate Case, 241 P.U.R.4th 181 (2005) (on behalf of three labor organizations, successfully entered into and supported a settlement agreement with thirty-one other parties including pro employee public utility in which public utility received a rate hike in the amount of approximately $75 million).
  • In the Matter of the Reorganization of UniSource Energy Corp., 2005 Ariz. PUC LEXIS 1 (January 4, 2005) (represented two labor organizations in a regulatory proceeding involving the failed acquisition of a public service corporation by three private equity firms for the sum of approximately $3 billion).
  • Lawrence N. Spitz, et al. v. Southwest Gas Corp., 213 P.U.R. 4th 53 (2001), 2002 Ariz. PUC LEXIS 1 (January 10, 2002) (on behalf of a group of union and community activists, and over the objection of six other parties including vehemently anti union public utility, successfully challenged a proposed settlement in a public utility rate case which, in turn, saved Arizona ratepayers approximately $16 million on their utility bills).

Presentations, Publications, and Other Works

• Nicholas J. Enoch, Preemption, Arbitration, and Fair Representation, 1 Arizona Employment Law Handbook 2.3 (State Bar of Arizona Employment & Labor Law Section, Supp. 2010).
• A Discharged Union Member Asks “Should I Hire an Attorney?”, Employment & Labor Law News (State Bar of Arizona, Phoenix, Arizona), summer 2006, at 4.
• A Discharged Union Member Asks “Should I Hire an Attorney?”, Alternative Resolutions (State Bar of Texas Alternative Dispute Resolution Section, Austin, Texas), Feb. 2006, at 5.
• January, 2011 – “Labor Arbitration Advocacy: The Effective and Efficient Handling of Labor Disputes in Challenging Times” (IAFF Affiliate Leadership Training Summit).

Community Involvement

• St. Paul’s Preparatory Academy Board of Trustees (2003-2009) including, inter alia, its Chair (2007-2008).
• SS. Peter & Paul Orthodox Church Council (2003-present). See generally www.sspeterpaulaz.org.
• Board of Directors (2010-present) and Manager (2008- present) for Tempe South Little League. See generally www.tempelittleleague.com.
• Manager for Chandler National Little League (2007-2008).
• City of Tempe Commission on Disability Concerns (2001-2003).
• Youth baseball coach for Team NuttyBuddy f/k/a Tempe South Javelina (2010-2014).
• Board of Directors (2009-2012) and Assistant Den Leader for Cub Scout Pack 275 (2008-2012).
• Board of Directors (2012-present) and Secretary (2013-present) for Boy Scout Troop 172.

Other Professional Experience

• Judge Pro Tempore with the Maricopa County Superior Court – Phoenix, AZ (2010-present)          In addition to numerous Court mandated appointments, Mr. Enoch has served as an arbitrator in approximately seventy-five (75) cases. He serves as an arbitrator for the American Arbitration Association (Commercial, Customer Account, Employment and Non-Binding Panels), Financial Industry Regulatory Authority (Chairperson certified), National Arbitration and Mediation, Inc. and, previously, for the U.S. District Court for the District of Arizona and the Better Business Bureau’s Auto Line Program. Mr. Enoch is also a Hearing Officer for the State of Arizona’s Department of Education.

The following is a list of Mr. Enoch’s publicly available awards as an arbitrator:

• • Joachimi v. Morgan Keegan & Company, Inc., FINRA Case No. 10-03384.
  • Knapp v. UBS Services, Inc., FINRA Case No. 10-01670.
  • Sivertson v. Citigroup Global Markets, Inc., NASD Case No. 06-03398.
  • Alkire v. Citigroup Global Markets, Inc., et al., NASD Case No. 03-08546.

In addition to serving as an arbitrator, Mr. Enoch is also a credentialed mediator in the State of                   Texas pursuant to Tex. Civ. Prac. & Rem. Code § 154.052(a).

• Pennsylvania State University – University Park, PA
  • Adjunct Faculty (HRER 501: Labor & Employment Law; LER 401: Labor Law) with the https://lser.la.psu.edu/School of Labor Studies & Employment Relations (2010-present).
  • Authored LER 401: Labor Law course for the School of Labor Studies & Employment Relations (2013).
  • Teaching Assistant (LIR 101: Employment Law) with the Department of Labor Studies & Industrial Relations (1990-1991).
  • Teaching Assistant (History 142: History of Communism) with the Department of History (1991).

• Summer Associate with Hostler Law Offices – Charleston, WV (summer 1994)
• Legal Extern to the Honorable Walter H. Rice, U.S. District Court, Southern District of Ohio – Dayton, OH (1993/94 school year).
• Legal Intern with U.S. Department of State, Bureau of Economic & Business Affairs, Developed Country Trade Division – Washington, D.C. (summer 1993)
• Summer Associate with Jon A. Barkman, Esq. – Somerset, PA (summer 1992)
• Assembly Line Worker with Emglo Air Compressors – Johnstown, PA (summer 1991)
• Grievance Department Intern with Council 13, American Federation of State, County, and Municipal Employee, AFL-CIO – Harrisburg, PA (summer 1990)
• Highway Maintenance Worker with Pennsylvania Department of Transportation – Somerset, PA (summers of 1988 and 1989)