People: Stuart Newman, Partner

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Stuart Newman

Partner

Atlanta
Direct: (404) 885-1500
Fax: (404) 892-7056
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Mr. Newman is a partner in the Labor & Employment Department in the firm’s Atlanta office.  His practice, which is national in scope, focuses on traditional labor relations matters, managing employment litigation, preventive counseling and management training in labor and employment law subjects.  

Mr. Newman has developed special expertise in complex collective bargaining.  He has served as chief spokesperson for management in negotiations for over 150 collective bargaining agreements with a wide range of unions including the UAW, USW, IBT, UNITE-HERE, IAM, IBEW, SEIU, United Mine Workers, GMPPA, and UFCW.  He has extensive experience in leading the bargaining for “national scope” negotiations in the transportation, multi-faceted manufacturing and mining industries.  Mr. Newman regularly handles a full range of labor law matters, including advising on collective bargaining agreement administration, arbitrations, strikes and related litigation.  He also has extensive experience before the National Labor Relations Board in representation and unfair labor practices cases. 

Over the past decade Mr. Newman has both served as a strategic advisor and lead counsel in counseling clients in avoiding susceptibility to union “corporate campaigns” and in successfully countering such campaigns.  His experience, in these regards, has focused in transportation, service, retailing and healthcare.

Mr. Newman’s litigation experience includes numerous strike injunction actions, Section 10(j) proceedings, NLRB contempt proceedings and NLRB appellate reviews.  He is also experienced in leading litigation teams in equal employment opportunity and wrongful discharge claims.  Mr. Newman serves as a management trainer and has presented countless seminars and workshops in preventive labor relations, exercising management rights in the unionized environment and managing effectively within the equal employment opportunity laws.

Mr. Newman is recognized as a leading lawyer for Labor and Employment in Georgia in the 2008, 2009, 2010 and 2011 Chambers USA America’s Leading Business Lawyers and has published several articles on labor law subjects and is an editor of “The Developing Labor Law,” published by the American Bar Association.  He is a frequent speaker before professional trade and business associations on employment and labor law topics.  He has served as an adjunct lecturer in labor law at the University of Alabama and presents special labor relations programs at Auburn University.  Mr. Newman has been selected for listing in several editions of “Who’s Who in American Law.”  He is also an avid horseman and foxhunter for over 25 years, and has served as Master of Foxhounds of the Shakerag Hounds for seven years while actively competing in the three-day event. 

Mr. Newman is a partner in the Labor & Employment Department in the firm’s Atlanta office.  His practice, which is national in scope, focuses on traditional labor relations matters, managing employment litigation, preventive counseling and management training in labor and employment law subjects.  

Mr. Newman has developed special expertise in complex collective bargaining.  He has served as chief spokesperson for management in negotiations for over 150 collective bargaining agreements with a wide range of unions including the UAW, USW, IBT, UNITE-HERE, IAM, IBEW, SEIU, United Mine Workers, GMPPA, and UFCW.  He has extensive experience in leading the bargaining for “national scope” negotiations in the transportation, multi-faceted manufacturing and mining industries.  Mr. Newman regularly handles a full range of labor law matters, including advising on collective bargaining agreement administration, arbitrations, strikes and related litigation.  He also has extensive experience before the National Labor Relations Board in representation and unfair labor practices cases. 

Over the past decade Mr. Newman has both served as a strategic advisor and lead counsel in counseling clients in avoiding susceptibility to union “corporate campaigns” and in successfully countering such campaigns.  His experience, in these regards, has focused in transportation, service, retailing and healthcare.

Mr. Newman’s litigation experience includes numerous strike injunction actions, Section 10(j) proceedings, NLRB contempt proceedings and NLRB appellate reviews.  He is also experienced in leading litigation teams in equal employment opportunity and wrongful discharge claims.  Mr. Newman serves as a management trainer and has presented countless seminars and workshops in preventive labor relations, exercising management rights in the unionized environment and managing effectively within the equal employment opportunity laws.

Mr. Newman is recognized as a leading lawyer for Labor and Employment in Georgia in the 2008, 2009, 2010 and 2011 Chambers USA America’s Leading Business Lawyers and has published several articles on labor law subjects and is an editor of “The Developing Labor Law,” published by the American Bar Association.  He is a frequent speaker before professional trade and business associations on employment and labor law topics.  He has served as an adjunct lecturer in labor law at the University of Alabama and presents special labor relations programs at Auburn University.  Mr. Newman has been selected for listing in several editions of “Who’s Who in American Law.”  He is also an avid horseman and foxhunter for over 25 years, and has served as Master of Foxhounds of the Shakerag Hounds for seven years while actively competing in the three-day event. 

Education

  • J.D., Albany Law School, Union University (1974)
    cum laude
    Board of Editors, Albany Law Review
  • B.A., State University of New York (1971)
    with honors

Admissions

  • Georgia
  • New York

Courts

  • U.S. Court of Appeals for the Second, Fifth, Sixth and Eleventh Circuits

Affiliations

  • American Bar Association (Committee on the Development of the Law Under the National Labor Relations Act)
  • Atlanta Bar Association
  • Lawyers Club of Atlanta
  • State Bar of Georgia

Representative Engagements

Collective Bargaining and Strike Situations

  • WellPoint Health Networks and O.P.E.I.U. (2010-2011) Successfully negotiated the outsourcing of significant portions of a large service center to an overseas vendor while simultaneously reaching agreement on the restructuring of remaining jobs to increase efficiencies.
  • Guilford Mills, Inc. and Workers United, S.E.I.U. (2009) Negotiated a new three year collective bargaining agreement which included prospective labor costs during the course of the agreement substantially lower than the previous three years.
  • Columbus (Ohio) Symphony Orchestra and American Federation of Musicians (2008) Successfully restructured the Symphony’s complex collective bargaining agreement covering all musicians, achieving substantial cost reductions and important new operational flexibilities.
  • Nuclear Fuel Services, Inc. and USW (2006-2007) Assisted Company in successfully weathering a six month strike, devised a creative return to work plan, defeated extensive unfair labor practice complaints and negotiated an overall contract settlement on Company’s terms.
  • Allied Waste Industries, Inc. and IBT (2004-2006) Successfully represented Company in seven simultaneous negotiations for initial labor agreements containing strong management rights and control provisions in response to Union’s corporate campaign.
  • Fechheimer Brothers Company and UNITE HERE (2005) Negotiated multi-plant labor agreements with significant health care cost concessions. 
  • Mount SinaiMedicalCenter and SEIU (2003) Represented Medical Center in ending a long, hostile union-management situation at its long-term care facility.  The labor agreement assured the Medical Center control of staffing and related issues.
  • Southwire Company and IBEW (2001-2002) Successfully negotiated concessionary labor agreements as part of the Company’s acquisition of competitor’s unionized plants. 
  • National Southwire Aluminum and USW (1997-1999) Represented Company in successfully defending against a multi-month strike.  Assisted in posturing facility for successful sale as part of Company’s re-positioning of priorities. 
  • Goody’s Family Clothing and ACTWU (1994) Successfully negotiated an initial labor agreement for the Company’s logistical facility, defending against one of the Union’s first corporate campaigns.  The CBA included broad rights permitting the Company to install and unilaterally modify production standards. 
  • Mitel Telephone Systems and IBEW (1991) Successfully negotiated a concessionary nationwide first labor agreement after the acquisition of RCA Telephone Company. 
  • Target Sportswear, Inc. and ACTWU (1987-1988) Assisted Company in successfully withstanding a multi-plant strike and negotiated new labor agreements for fourteen plants, with restrictions on sub-contracting and outsourcing removed. 
  • Lone Star Industries and Boilermakers International Union (1986-1987) Advised Company in re-negotiating concessionary labor agreements across the country; helped avoid major work stoppages.
  • Island Creek Coal Company and UMWA (1985) Successfully negotiated system-wide labor agreement outside of the Bituminous Coal Association with substantially improved operating efficiencies. 
  • Ideal Basic Industries, Inc. and Cement Workers International Union (1984) Represented Company in achieving a favorable national agreement with major reforms on economics; helped Company successfully defeat moving pickets and intermittent strikes.

Court and NLRB Litigation and Arbitrations

  • Master Slack, Inc. NLRB, (1982) Established principle of law that in order to have an unfair labor practice block a decertification petition, the General Counsel must establish causality between the ULP and employee disenchantment with the Union.
  • Lockheed Martin Aeronautical Systems and IAM, Superior Court, CobbCounty (1986) During the term of a collective bargaining agreement leading up to re-negotiations, Employer was able to enjoin union demonstrations on Company premises based upon civil trespass theory.
  • Carigg, et al. v. Lockheed Martin Aeronautical Systems, USDC, District of South Carolina (1998) Successfully settled, on favorable terms, complex, multi-plant, age discrimination action arising out of a plant closing situation.
  • Anheuser Busch, Inc. v. Thurmond, Georgia Labor Commissioner, Superior Court, Bartow County (2003) Established that a large group of seasonal employees hired for a specific period of time do not qualify for unemployment benefits after conclusion of the temporary tour of duty.
  • Lockheed Martin Space Systems v. IAM, Labor Arbitration (2004) Defeated attempt by Union to exponentially expand the scope of its bargaining unit at the Cape Canaveral Space Center through alleged accretion theories.
  • World Airways, Inc. and IBT, Labor Arbitration (2006) Resolved on terms favorable to the employer, the discharge of a flight crew for purposely
  • Nuclear Fuel Services, Inc. and United Steel Workers, Labor Arbitration  (2007-2008) Overcame existing precedent and established the Employer’s ability to “bridge” several periods of employment to establish employee’s proclivity to disregard safety and security regulations as a basis for termination.
  • ITT Mission Systems and I.A.M., Labor Arbitration (2010) Successfully defended Company in its decision to terminate an employee for improper use of the Company's electronic communications systems.
  • Fresh and Easy Neighborhood Market, Inc. and U.F.C.W. NLRB (2010) Successfully defended the Employer, the subject of a Union Anti-corporate campaign, in the discharge of two highly controversial employees and in vindicating the Company's practice of soliciting and resolving employee grievances during an organizational campaign.
  • ITT Mission Systems and C.W.A., Labor Arbitration (2011) Prevailed in complex contract interpretation case which provided the Company with broad capabilities to utilize non-bargaining unit employees in safety sensitive positions.

Publications

  • Co-Author, “Investing in the USA,” The American Legal Yearbook (January 1996).
  • Co-Author, “A Legal Guide to Foreign Direct Investment in the USA,” White Page,
    London, UK (January 1996).
  • Co-Author, “Critical Developments in the Law of the Workplace,” White Page,
    London, UK (January 1996).
  • Co-Author, “The Use of Presumptions and Subjective Intent in Effectuating the Purposes of the NLRA,” University of Akron Law Review 2 (1983).