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Contact Frank

2801 Alaskan Way, Suite 300
Seattle, WA 98121
T: 206.624.8300

Frank Van Dusen

Partner

Frank Van Dusen joined Miller Nash Graham & Dunn in 1986. He is a labor and employment counselor and litigator who focuses his practice on union-avoidance counseling, employment discrimination, wrongful discharge, collective bargaining issues, wage-and-hour litigation, and covenants not to compete. He represents brokerage firms, tribal employers, educational institutions (higher education and K-12), hospitals, and companies in the financial, retail, manufacturing, and communications industries.

Representative Experience

In 2009, 2010, 2014, and 2015, Frank represented employers at shipyards in the Puget Sound area, construction testing facilities in Seattle and Tacoma, a manufacturing facility in Kent, and companies in eastern Washington and northern Idaho. The employers successfully defeated National Labor Relations Board election petitions filed by union locals for the Laborers, Teamsters, and United Food & Commercial Workers. Frank also led management collective bargaining teams in 2006-2007 and 2009-2010 negotiations to remove unproductive work rules from a client’s grain elevator collective bargaining agreement with the Longshoremen’s Local. As a result of the productivity improvements, the grain elevator has increased shipments, lowering unit labor costs, while increasing employee earnings and employer profits.
After we won summary judgment at the trial court dismissing all of the plaintiff janitors’ wage-and-hour claims alleging that the janitorial employees of Expert Janitorial’s subcontractors were jointly employed by our client Fred Meyer, the court of appeals reversed. Washington Supreme Court established new state test for joint employment. Case settled after remand.
The Honorable Helen Halpert dismissed plaintiff's age and disability discrimination and accommodation claims on summary judgment (2014).
U.S. District Court, Eastern District of Washington (CV 07-5064 FVS). The Honorable Fred Van Sickle dismissed state tort claims and hybrid DFR/Section 301 claim under the National Labor Relations Act on summary judgment (2010).
U.S. District Court, Western District of Washington (07-1757) (Hon. Marsha J. Pechman). Demoted store manager brought Section 1981, Title VII, and RCW 49.60 race discrimination claims; Judge Pechman granted defendant’s summary judgment motion and dismissed all of plaintiff’s claims (2009); aff’d, 368 F. App'x 817 (9th Cir. 2010).