StuartNewman

Collective Bargaining and Strike Situations

• Vectrus Systems Corporation and Nevada Building Trades Council (2018-2019) Served as chief strategist and advisor in negotiations with over twelve building trades unions at the US Government’s Nevada Test and Training Range to revise and modernize the terms and conditions of employment. Helped client optimize the effectiveness of a geographically wide spread work force and revised antiquated work rules and requirements that were difficult for the employer to comply with.
• FairPoint Communications, Inc. and I.B.E.W. and C.W.A., (2014-2015) Served as the chief strategist and chief spokesman in negotiations with both unions; successfully bargained to impasse, and unilaterally implemented new terms and conditions of employment which effectively removed hundreds of millions of dollars from the company’s balance sheet, dramatically decreased operating expenses, created additional, necessary subcontracting rights, ended company funded retiree health insurance, and ended participation in archaic defined benefit pension plans; counselled the company in successfully defeating a six-month work stoppage, and defended all unfair labor practice claims against the employer.
• Cox Enterprises (WSB-TV) and I.B.E.W., (2012) In order to keep pace with evolving electronic communications, successfully negotiated a new three-year collective bargaining agreement for a unit of newsroom employees which did away with the bargaining unit’s exclusive jurisdiction over the newsroom’s work. This change effectively opened the door to news collection and dissemination through multiple sources heretofore barred by the predecessor collective bargaining agreements limitations.
• 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 multiplant 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 matters.
• 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 multimonth strike. Assisted in posturing facility for successful sale as part of a 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 multiplant strike and negotiated new labor agreements for 14 plants, with restrictions on subcontracting 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

• Vectrus Systems Corporation and the Wiregrass Metal Trades Council, (2014) vindicated the company’s policy regarding the payment and amounts of call-out pay based upon the interpretation of the language of the collective bargaining agreement. This success resulted in substantial labor cost savings.
• Exelis, Inc. and I.B.E.W., (2013) Successfully defended the company’s termination of a long-term employee for mishandling a company vehicle by proving that the union failed to raise certain defensive allegations until the hearing in the matter. The matter was hotly disputed, and could have resulted in a different result.
• Exelis, Inc and I.B.E.W., (2013) Successfully defended the company in carrying out “persona non grata” directions from the US Navy as to two long-term security guards.
• 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.
• 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 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.
• 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.
• World Airways, Inc. and IBT, Labor Arbitration (2006) Resolved on terms favorable to the employer, the discharge of a flight crew for purposely.
• Defeated attempt by union to exponentially expand the scope of its bargaining unit at a space center through alleged accretion theories.
• 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.
• Successfully settled, on favorable terms, complex, multiplant, age discrimination action arising out of a plant closing situation.
• During the term of a collective bargaining agreement leading up to re-negotiations, the employer enjoined union demonstrations on company premises based upon civil trespass theory.
• 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.