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Stanley Lubin, Shareholder
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. Mr. Lubin is a Fellow in the prestigious College of Labor & Employment Lawyers and serves as a member of its Credentialing Committee. He has also been recognized as a member of Arizona’s Finest Lawyers.
of the initiative that established a minimum wage in Arizona
upon being enacted in 2006 by a majority greater than 70%
of all voters.
of a collective bargaining law enacted by the City of Phoenix
in 1978, the first such law in Arizona.
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.
- Research Assistant to Theodore St. Antoine while in Law School. Assisted in the updating and writing of text book for use in labor law courses at numerous law schools.
- In 1969, obtained
four years of pay totaling approximately $11,000,000 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.
a settlement of approximately $9 million in an age discrimination
lawsuit on behalf of 77 employees terminated by a large
aerospace manufacturing company,
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 120 employees.
- Successfully defended a former State Senator and radio commentator against
a multi million dollar claim of defamation, trespass and
violation of federal broadcasting laws.
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
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
behalf of another restaurant, obtained a dismissal of a
lawsuit seeking overtime pay and obtained sanctions due
to the frivolous nature of the claim.
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.
defended a number of airline pilots from loss of jobs and
FAA certificates arising from unfounded charges of inappropriate conduct.
- Successfully defended an airline flight attendant in a defamation action brought against her by her employer.
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 Regional Medical Center, et al., 587 F. 3d 938 (9th Cir. 2009). As lead counsel, successfully argued in the Ninth Circuit Court of Appeals that the Vocational Rehabilitation Act protected independent contractors from discriminating employment practices based on perceived disability. Later obtained an order from the U.S. Supreme Court refusing to hear the case. 177 L. Ed. 2d 1056 (2010). Successfully negotiated a lucrative settlement of all claims against the medical group responsible for the discrimination.
- North Valley Emergency Specialists, L.L.C. v. Santana, 208 Ariz. 301, 93 P.3d 501 (2004). As lead counsel, successfully argued that all employer and employee employment agreements are exempt from the provisions of Arizona’s version of the Uniform Arbitration Act).
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
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.
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
- 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.
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 under the NLRA.
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.
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 an award of attorneys’ fees
as part of a remedy in appropriate cases.
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.
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.
v. Maricopa County Merit Sys. Comm., 127 Ariz. 259
(1980). Successfully argued that employees could
utilize non-lawyer representatives in disciplinary appeal
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.
Lubin has also appeared in other matters of note
where he has successfully obtained relief for his clients, sometimes
after being denied at lower levels. See, e.g.:
Co. V. NLRB, 413 F2d 191 (1969).
v. Lifetime Door Company, 390 F.2d 272 (1968).
Energy Systems, Inc., 331 NLRB No. 33.
v. Arizona Agric. Labor Rel. Bd., 149 Ariz 70 (App.
of the American Arbitration Association Panel of Mediators.
of the American Arbitration Association Panel of Commercial
Officer for Phoenix Employment Relations Board (2001-).
Arizona State Personnel Board (2007-2010); chair (2009).
- Adjunct Professor, Arizona State University, College of Literature, Arts & Sciences, School of Social Transformation, Department of Justice & Social Inquiry (2010 -)
- Adjunct Professor Phoenix College (1974-1976, 1980-1984)
University of Michigan School of Law (J.D. (with Honors)
University of Michigan (A.B. 1963)
- 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 Eastern District Michigan (1968)
- U.S. District Court District Arizona (1972)
- U.S. District Court Southern District Texas (2002)
- U.S. District Court Central District Texas (2002)
- U.S. District Court Western District of Texas (2010)
- Fellow Collge of Labor and Employment Lawyers (2008-)
- harter Member, Finest Lawyers in Arizona (2011-)
- Member, Arizona (1972–) and Texas Bar Associations (2005-)
- Labor and Employment Law Section, AZ Bar Association (1978-) (Founding Section member and Executive
Board member and Chair (1978-1980))
- Member, American Bar
- Labor and Employment Law Section, ABA (1968-2002)
and Procedures Committee, ABA (1968-2002)
- Law Office Practice Management Section (1992-2002)
Dispute Resolution Section, ABA (1998-2002)
- Founding member, AFL-CIO
Lawyers Coordinating Committee
- 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)
- Co-Chair, Western Area
IRRA Chapters Conference on Labor-Management
- Member, Advisory Committee, Southern California Labor Symposium (1989-1996)
- Co-author with Stephen I. Schlossberg, “Union Fines and Union Discipline Under the NLRA” N.Y.U. Labor Forum, 1970 Proceedings
- Co-Editor/Author Labor and Employment Lawyers Handbook, (1988-)
- Co-Editor/Author Arizona Employment Law Handbook, Arizona Wage Laws, (2010)
- Member, Employment Security Advisory Council of the Arizona Department of
Economic Security (1974-1977)
Coalition for the ERA (1972-1984) Secretary
- 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)
- ember, Board of Directors Arizona Center for Law In the Public Interest (2010-)
AWARDS AND HONORARIA
in Best Lawyers in America (all 16 editions)
- Listed in the Bar Register of Preeminent Lawyers (all
- AV rating in Martindale-Hubbell Law Directory (“the
highest level of legal ability”)
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:
Civil Libertarian of the year
- Labor Leader of the year
- 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