Attorney Biographies

Stanley Lubin, Shareholder

PROFESSIONAL EXPERIENCE

Stanley Lubin is the founding partner of the law firm of Lubin & Enoch, P.C. Stanley Lubin’s practice concentrates in providing advice and representing labor unions, employees and employers in all facets of labor relations and employment law. He regularly appears before arbitrators and mediators, as well as in all courts and many administrative agencies. He has been involved in matters arising under the National Labor Relations Act, the Railway Labor Act, the Labor Management Reporting and Disclosure Act, the Federal Labor Relations Act, the Fair Labor Standards Act, Title VII of the Equal Employment Opportunities Act, Americans with Disabilities Act, Vocational Rehabilitation Act, and numerous state statutes and local ordinances covering similar topics.

Mr. Lubin has held an "AV" rating in the Martindale-Hubbell Law Directory for almost 35 years. He has also been listed in Best Lawyers in America in all editions since the inception of that directory in about 1981. He has been named by Southwest Super Lawyers as one of the top 5% of all lawyers in the Southwest.

REPRESENTATIVE ENGAGEMENTS

• Co-author of the initiative that established a minimum wage in Arizona upon being enacted in 2006 by a majority greater than 70% of all voters.
• Co-author of a collective bargaining law enacted by the City of Phoenix in 1978, the first such law in Arizona.
• While still in Law School, served as chief negotiator for the Ann Arbor City Employees Union and negotiated the first public employee contract under Michigan’s newly enacted public bargaining law.
• Obtained four years of pay for more than 600 employees when a large manufacturer of trucks lied to the union concerning why it wanted to amend a provision in the collective bargaining agreement, which led directly to a plant closure and layoff of all employees.
• Obtained a settlement of approximately $9 million in an age discrimination lawsuit on behalf of 77 employees terminated by a large aerospace manufacturing company,
• Successfully defended a union against a RICO (racketeering) suit brought by a large baking company in connection with a strike and obtained an unfair labor practice complaint against the employer due to its refusal to re-employ the striking employees when they ended the strike.  Achieved rehire for virtually all of the employees.
• Successfully defended a former State Senator and radio commentator against a multi million dollar claim of deformation, trespass and violation of federal broadcasting laws.
• Achieved a reduction from an overtime pay claim in excess of $130,000 to about $8500 in an action brought by the Wage and hour Division of the US Department of Labor against a small accounting firm.
•  On behalf of a restaurant, negotiated an acceptable settlement of a sex discrimination suit brought by a number of female employees who were represented by attorneys demanding exorbitant amounts.
• On behalf of another restaurant, obtained a dismissal of a lawsuit seeking overtime pay and obtained sanctions due to the frivolous nature of the claim.
• Successfully defended a union, its members and numerous members of the public in a tort action brought against them by an employer who claimed acts of trespass perpetrated during a peaceful picketing action against it at its Arizona HQ.
• Successfully defended a number of airline pilots from loss of jobs and FAA certificates arising from charges of inappropriate conduct.
• Successfully enforced the terms of an Executive Order issued by President Reagan concerning pay levels for federal Park Service employees at Lake Mead National Recreation Area resulting in a pay raise of 19.5%.  See, 89 FSIP 101 (1989).

In addition, Mr. Lubin has been involved in a number of cases resulting in reported decisions of importance to labor relations and employment practitioners, including the following:

• Fleming v. Yuma Anesthesia Medical Services, 587 F. 3d 938 (9th Cir. 2009).  Successfully argued in the Ninth Circuit Court of Appeals that the Vocational Rehabilitation Act protected independent contractors from discriminating employment practices.
• 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).
• Hoffman v. Kramer, 185 F.Supp.2d 700(S.D. Tex. 2002), aff’d., 362 F.3d 308 (5th Cir. 2004). Successfully argued that the routine decisions of union officers in connection with internal office administration did not breach their fiduciary duties so as to provide good cause for suit to be filed by a union member under Title IV of the LMRDA.
• Southwest Gas Corporation, 330 NLRB No. 171 (2000).  Successfully argued in this, and a related case that, SW Gas had failed to bargain in good faith with its employees’ newly certified union.
• National Mediation Board, 18 NMB 140 (1991).  Successfully prevented an air carrier in its effort to force the NMB to allow non-eligible voters to vote in a representation election.
• Salt River Valley Water User’s Ass’n, 272 NLRB 296 (1984); aff’d. sub nom, Salt River Valley Water Users’ Ass,n. v. NLRB, 769 F.2D 639 (9th Cir. 1985).  Successfully brought the Water Users Association within the jurisdiction of the NLRB and obtained order remedying its violation of its bargaining obligation of the NLRA. 
• Godbey v. Roosevelt School District, 131 Ariz. 341 (App. 1981).  Successfully established a right to proceed as a class action (established the legal test for proceeding in such an action in Arizona) and obtained a holding prohibiting a school district from amending its rules in violation of its contracts with its teaching staff.
• International Union, UAW v. NLRB, 449 F. 2d 1046 (D.C. Cir. 1971).  Successfully obtained an order holding  that the NLRB has the authority to order the award of attorneys’ fees as part of a remedy in appropriate cases.
• International Union, UAW v. NLRB, 427 F. 2d 1330 (6th Cir. 1971).  Successfully obtained order reversing NLRB and holding that it has a duty to decide all claims brought before it by the General Counsel on behalf of a Charging Party.
• Arizona State Board of Regents v Arizona State Personnel Board, 195 Ariz. 173 (1999).  Successfully argued that state agencies cannot deprive grievants of the right to counsel and to cross examine witnesses at personnel hearings.
•  Hunt v. Maricopa County Merit Sys. Comm., 127 Ariz. 259 (1980).  Successfully argued that employees could utilize non-lawyer representatives in disciplinary appeal hearings.
• AFGE Local 495 (VA Med. Ctr., Tucson, AZ) and Linda Moore, 22 FLRA 966 (1986).  Successfully obtained the first award of attorneys fees and costs in an FLRA case.

Mr. Lubin has also appeared in other matters of note where he has successfully obtained relief for his clients, sometimes in which after being denied at lower levels. See, e.g.:

• Kawneer Co. V. NLRB, 413 F2d 191 (1969).
• NLRB v. Lifetime Door Company, 390 F.2d 272 (1968).
• Controlled Energy Systems, Inc., 331 NLRB No. 33.
• UFW v. Arizona Agric. Labor Rel. Bd., 149 Ariz 70 (App. 1986).

NEUTRAL EXPERIENCE

• Member of the American Arbitration Association Panel of Mediators.

• Member of the American Arbitration Association Panel of Commercial Arbitrators (Employment).

• Hearing Officer for Phoenix Employment Relations Board (2001-).

• Member, Arizona State Personnel Board (2007-2010); chair (2009).

EDUCATION

• The University of Michigan School of Law (J.D. (with Honors) 1966)
• The University of Michigan (A.B. 1963)

BAR ADMISSIONS

• Arizona (1972)
• Texas (2005)
• D.C. (1967) (inactive since 1972)
• Michigan (1968) (inactive since 1972)

FEDERAL COURT ADMISSIONS

• U.S. Supreme Court (1969)
• U.S. Court of Appeals Fourth Circuit (1967)
• U.S. Court of Appeals Fifth Circuit (2002)
• U.S. Court of Appeals Sixth Circuit (1968)
• U.S. Court of Appeals Seventh Circuit (1967)
• U.S. Court of Appeals Ninth Circuit (1976)
• U.S. Court of Appeals Eleventh Circuit (1967)
• U.S. Court of Appeals D.C. Circuit (1967)
• U.S. Court of Appeals Federal Circuit (1985)
• U.S. District Court District of Columbia (1967)
• U.S. District Court District E.D. Michigan (1968)
• U.S. District Court District Arizona (1972)
• U.S. District Court District S.D. Texas (2002)
• U.S. District Court District C.D. Texas (2002)

PROFESSIONAL AFFILIATIONS

• Fellow Collge of Labor and Employment Lawyers (2008-)
• Member, Arizona (1972–) and Texas Bar Associations (2005-)
• Labor and Employment Law Section, AZ (Founding Section member and Executive Board member and Chair (1978-1980))
• Member, American Bar Association (1968-2002)
  • Labor and Employment Law Section, ABA (1968-2002)
  • Practice and Procedures Committee, ABA
  • Law Office Practice Management Section (1992-2002)
• Alternative Dispute Resolution Section, ABA (1998-2002)
• Founding member, AFL-CIO Lawyers Coordinating Committee (1984-)
• Founding member, Arizona Employment Lawyers Association (1995-)
• Member, Arizona Industrial Relations Association (now renamed as AZ Labor and Employment Relations Association) (1972-)
  • Board of Directors (1973-2008)
  • President (1979, 1984)
  • Vice-President (1978, 1983)
  • Treasurer (1977)
• Co-Chair, Western Area IRRA Chapters Conference on Labor-Management Relations (1984)
• Member, Advisory Committee, Southern California Labor Law Symposium (19889-1996)
  
  

PUBLICATIONS

Co-author with Stephen I. Schlossberg, “Union Fines and Union Discipline Under the NLRA” N.Y.U. Labor Forum, 1970 Proceedings

COMMUNITY ACTIVITIES

• Member, Employment Security Advisory Council of the Arizona Department of Economic Security (1974-1977)
• Member Coalition for the ERA (1972-1984) Secretary (1972-1974)
• Member, Arizona Right to Choose, Board of Directors (1985-1988)
• Member, Planned Parenthood of Central and Northern Arizona Attorney’s Action Council (1980-1990)
• Member, Madison School District Citizen’s Advisory Committee (1995-2000) Chair (1998-1999)

AWARDS AND HONORARIA

• Listed in Best Lawyers in America (all 16 editions)

• Listed in the Bar Register of Preeminent Lawyers (all editions)
• AV rating in Martindale-Hubbell Law Directory (“the highest level of legal ability”)
• Listed in Marquis editions of Who’s Who, Who’s Who in America, Who’s Who in American Law, and Who’s Who in the World.

Mr. Lubin has been a speaker at more than 50 professional labor law conferences in the District of Columbia, Michigan, Arizona, California, Texas, New York, Nevada and Florida. Most recently, he presented a paper and spoke at a convention of Labor Lawyers on "Arbitration Remedies In Contract Disputes." In addition, Mr. Lubin has received a number of additional awards and honoraria, including:

• Arizona Civil Libertarian of the year
• Labor Leader of the year
• Appreciation Award
• American Arbitration Association, Phoenix, Award of Excellence
• Award for Outstanding Work on Behalf of the United Auto Workers
• Award for Ongoing Community Service on Behalf of Women’s
• Reproductive Rights (Planned Parenthood of Central and Northern Arizona)