Stewart Weinberg
Shareholder

Email: sweinberg@unioncounsel.net
Telephone: 510-337-1001

Education:
Boalt Hall, University of California School of Law, 1960

Stewart Weinberg is one of the original founders of the firm. He is a graduate of Boalt Hall, University of California School of Law, class of 1960. Following graduation he served as a research attorney for the California Supreme Court. He began representing labor unions in 1962 and joined the firm which preceded the current firm in 1966.

Throughout his legal career, Mr. Weinberg has been an active trial and appellate lawyer, and his name appears as attorney of record in hundreds of appellate cases. Some of the most notable of those cases deal with the constitutional and statutory rights of public employees, although his practice is not limited to that sector of the labor movement. He is a frequent speaker at conferences of lawyers and judges, as well as labor organizations.

Stewart is a frequent contributor of articles published in The California Public Employee Relations Journal.  Since 2000 he has been the regular author of articles on recent developments in public sector employment law for the California Labor and Employment Law Review, a publication of the California State Bar Labor, Employment Law Section.  He has authored chapters in treatises on public employment labor law.  In October of 2007 he delivered a paper on “Privacy in the Workplace” at a meeting organized by the California State Bar.

Partial list of some of the groundbreaking cases that Stewart Weinberg has been a part of:

1) American Federation of Teachers v. Oakland Unified School District (1967) 251 Cal.App.2d 91—Upheld trial court ruling that the district violated a teacher’s rights by transferring that teacher without going through the formal transfer policy. It reiterated the useful principle that an employee may enforce the district’s own rules as though they were part of an individual contract of employment.

2) Ward v. Fremont Unified School District (1969) 276 Cal.App.2d 313—This case protected the right of a probationary teacher to reemployment when the district failed to meet mandatory statutory deadlines.

3) Superior Court v. Civil Service Commission (1968) 257 Cal.App.2d 652—Upheld the right of the Superior Court, under the Charter of the County of Alameda, to choose the probation officer in the juvenile court and denied authority to the Civil Service Commission to select the probation officer.

4) Bagley v. Washington Township Hospital District (1966) 65 Cal.2d 499—Upheld the right of a public employee to engage in political activities by seeking the recall of her publicly elected employer, the board members of a hospital district, on non-compensated time.

5) Stewart v. San Mateo Junior College District (1974) 37 Cal.App.3d 345—Established the right of a probationary junior college teacher to enforce provisions concerning mandatory deadlines, even though the college district acted with reasonable diligence.

6) Levy v. San Francisco Unified School Districti (1978) 79 Cal.App.3d 953—Established the basis upon which the district must justify the employment of an individual in a temporary rather than probationary classification.

7) King v. Berkeley Unified School District (1979) 89 Cal.App.3d 1016—Established the parameters which the district must meet in order to avoid statutory requirements for rehiring of laid-off certificated employees of school districts.

8) Stuart v. Civil Service Commission (1985) 174 Cal.App.3d 201—Established that Civil Service Rules which were inconsistent with the Charter of the City and County which had established the Civil Service Commission could not conflict with provisions of the Charter. Therefore, where the Civil Service Rules which allowed for a shorter period of time to challenge a job interview then the Charter, the Charter controlled.

9) Mezey v. State of California (1984) 161 Cal.App.3d 1060—Effort on behalf of a state college instructor who was terminated in 1950 for failure to sign a loyalty oath but was not brought until 1981, was barred by the statute of limitations.

10) deGroat v. Newark Unified School District (1976) 162 Cal.App.3d 538—Overturned the termination of a school teacher who had been terminated for alleged unprofessional conduct because he permitted a poetry reading which district administrators deemed to be offensive.

11) San Francisco Unified School District v. Superior Court (1981)116 Cal.App.3d 231—Established parameters for discovery surrounding dismissal actions brought in connection with termination of certificated employees of school districts.

12) Winters v. Unemployment Insurance Appeals Board (1976) 63 Cal.App.3d 41—Precedential decision concerning the obligation of the school district to send notices of layoff to teachers; dictated the contents of such notice.

13) Kamin v. Governing Board (1977) 72 Cal.App.3d 1014—Established that a teacher who was employed with earmarked funds was nonetheless entitled to a notice of non-reemployment, and failure to give her such notice entitled her to tenure.

14) United Teachers of Oakland v. Oakland Unified School District (1977) 75 Cal.App.3d 322 (1977)—Established rights of teachers to assignment following return from sabbatical leave.

15) Berkeley Federation of Teachers v. Berkeley Unified School District (1966) 178 Cal.App.3d 775—Set out guidelines concerning the manner in which adult school teachers may obtain permanent status.

16) Franz Blau v. Monardo (1980) 108 Cal.App.3d 522—This case annulled the election by a hospital district board of directors of the president of a non-profit, private hospital in San Francisco. Labor union joined with the electors of the hospital district to successfully challenge the election by the district’s board of directors.

17) Service Employees International Union v. Superior Court (1982) 137 Cal.App.3d 320—This action was brought on behalf of a labor union which held that the Superior Court, as an employer, was bound by the collective bargaining agreement negotiated by the county as it pertained to Superior Court employees.

18) Bissell v. Public Employment Relations Board (1980) 109 Cal.App.3d 878—Established principles concerning who had standing to sue in an action concerning agency shop.

19) Sevey v. American Federation of Teachers (1975) 48 Cal.App.3d 64—Established the validity of an affiliation between an independent organization and an AFL-CIO union and preventive raiding by another AFL-CIO union following the affiliation.

20) Banning Teachers Association v. Public Employment Relations Board (1988) 44 Cal.3d 799—Upheld the right of employees who were covered by a “me too” agreement to increased pay after the employer negotiated better terms for the members of another bargaining unit.

21) San Lorenzo Education Association v. Wilson (1982) 32 Cal.3d 841—Established the right to collect agency fees by civil actions against individual bargaining unit members.

22) Civil Service Association v. City and County of San Francisco (1978) 22 Cal.3d 552--Established the right of permanent Civil Service employees to due process protection even for minor discipline and short-term suspensions.

23) United Public Employees v. Public Employment Relations Board (1989) 213 Cal.App.3d 1119—Established jurisdiction of the Public Employment Relations Board over a public school employer notwithstanding the fact that the employees in question, pursuant to the Charter of the City and County in which the district was located, made the employees employees of that City and County as well.

24) San Jose Federation of Teachers v. Superior Court (1982) 132 Cal.App.3d 861—Established the right of an arbitrator to reserve jurisdiction to resolve disputes concerning implementation of his award, and established that the court has the ability to confirm such an award.

25) Warner v. North Orange County Community College District (1979) 99 Cal.App.3d 617—Upheld the right of a community college teacher suing to establish permanency based upon the number of semesters in which he had taught in excess of 60% of a full load, and further establish his right to receive monetary damages.

26) Noguera v. North Monterey County Unified School District (1980) 106 Cal.App.3d 64—Established the rights of employees of a public school district upon unification with another school district.

27) People v. General Motors Corp. (1978) 78 Cal.App.3d 94—Held that a union did not breach the duty of fair representation when it negotiated a reasonable resolution of a grievance on behalf of a member.

28) Ferris v. Los Rios Community College District (1983)146 Cal.App.3d 1—Part-time regular community college instructors are entitled to pro rata compensation equivalent to that paid full-time regular instructors for the same work.

29) Napa Association of Public Employees v. County of Napa (1979) 98 Cal.App.3d 263—Established right of public employees to paid leave for Christmas and New Year’s holiday notwithstanding alleged waiver of the union’s right to grievance.

30) Anderson v. San Mateo Community College District (1978) 87 Cal.App.3d 441—Established that where a probationary employee had not been properly evaluated, he was nonetheless entitled to reinstatement because the district had failed to evaluate him pursuant to statute prior to making its decision.

31) State of California v. City and County of San Francisco (1979) 94 Cal.App.3d 522—Established the parameters of a public employee union’s responsibility for damages incurred during a strike by the public employees.

32) Peralta Federation of Teachers v. Peralta Community College District (1979) 24 Cal.3d 369—Established the right to tenure on behalf of part-time teachers employed by a community college district and to compensate at an appropriate rate of pay based upon the number of semesters which they taught and the percentage of full time which they taught.

33) Poppers v. Tamalpais Union High School District (1986) 184 Cal.App.3d 399—Established the right of teachers who had been laid off to assignment to a newly created position for which he was entitled in preference to a less senior employee who had not been laid off.

34) West Valley Federation of Teachers v. Campbell Union High School District (1972) 24 Cal.App.3d 297—Challenged a state statute designed to prevent unions from negotiating contracts with school districts.

35) San Francisco Bay Area Rapid Transit District v. Superior Court (1979) 97 Cal.App.3d 153—During public employees’ negotiations with a transit district the court ordered the district to resume negotiations with the union and to rescind transfers of personnel and not discipline employees who had staged a sit-in and occupied the employer’s facilities.

36) Service Employees International Union v. American Building Maintenance (1962) 29 Cal.App.3d 356—Upheld the right of a labor union to enforce an arbitration agreement notwithstanding the language of the contract which appeared to give the employer the ability to refuse to arbitrate.

37) Ofsevit v. Trustees of Cal State University and Colleges (1978) 21 Cal.3d 763—Prohibited the California State University from firing a non-tenured instructor because of his exercise of free speech.

38) Social Workers Union Local 535 v. Alameda County Welfare Department (1974) 11 Cal.3d 382—Established the right of public employees to be represented by labor unions in meetings which might lead to disciplinary action. The case was decided in advance of the United States Supreme Court’s decision in Weingarten.

39) East Bay Municipal Employees Union v. County of Alameda (1970) 3 Cal.App.3d 578—Employees who had been terminated following a strike were entitled to sue the employer for reinstatement and that an agreement arising out of meetings between the public employer and the union were not unenforceable because they occurred in the context of a strike.

40) Comings v. State Board of Education (1972) 23 Cal.App.3d 94—Established that employees could not be terminated for activities occurring away from employment unless there was some connection or “nexus” to their employment.

41) Jarvis v. Corey (1980) 28 Cal.3d 562—Established the right of unions representing state employees to negotiating retroactive compensation with the State of California.

42) Lane v. IUOE Stationary Engineers (1989) 212 Cal.App.3d 164—Established that the duty of fair representation was not per se applicable to public employee unions when Civil Service matters were involved unless the union voluntarily agreed to afford representation.

43) Governing Board v. Brennan (1971) 18 Cal.App.3d 396—Public school teacher may be terminated for persistent violation of laws relating to use of controlled substances.

44) In re Coleman (1974) 12 Cal.3d 568—Union officers cannot be held in contempt of a court order prohibiting mass picketing unless it can be shown that the individual supervised and directed the conduct which constituted the violation of the order.

45) McGlone v. Mt. Diablo Unified School District (1969) 3 Cal.App.3d 17—Enforceability of dress codes for public employees.

46) Service Employees International Union v. County of Napa (1979) 99 Cal.App.3d 946—Issue of when a matter was arbitrable as disciplinary action or subject to exclusive Civil Service procedure.

47) Service Employees International Union v. Roseville Community Hospital (1972) 24 Cal.App.3d 400—Issue of when a community hospital is a public agency for purposes of meeting and conferring with a union.

48) In re Brown (1973) 9 Cal.3d 612—Held that individuals participating in a demonstration could not be convicted of disturbing the peace since the activity was constitutionally protected and the individuals were not engaged in violence nor disruption.

49) City and County of San Francisco v. Cooper (1975) 13 Cal.3d 898—An ordinance adopted by a municipality was enforceable and not rendered illegal because of duress placed upon the public employer.

50) Campbell Elementary Teachers Association v. Abbott (1978) 76 Cal.App.3d 796—Established principles and interpreted statutes concerning mass layoffs of teachers.

51) Bekiaris v. Board of Education (1972) 6 Cal.3d 575—Established the right of probationary employees to be free from termination or other discipline because of activities related to the exercise of First Amendment rights.

52) Amador Valley Joint Union High School District v. State Board of Equalization (1978) 22 Cal.3d 208—An attack on Proposition 13.

53) Oakland Unified School District v. Olicker (1972) 25 Cal.App.3d 1098—Reinstated probationary public school teacher who was accused of obscene behavior because she permitted previously non-literate students to write stories on any subject on which they chose to write.

54) Scott v. Machinists Automotive Trades District Lodge (9th Cir. 1987) 190 827 F.2d 589—The union did not breach its duty of fair representation even if it negligently reported to an employee the amount of money offered to plaintiff in settlement of a wrongful termination case.

55) Burke v. Compania Mexicana de Aviacion (9th Cir. 1970) 433 F.2d 1031—Railway Labor Act applied to the termination of a ticket agent employed by a foreign airline.

56) Fontanilla v. City and County of San Francisco (N.D.Cal. 1997) 987 F.Supp.1206—Union exonerated of charge of breach of duty of fair representation.

57) Stationary Engineers 39 v. County of Sacramento (1997) 59 Cal.App.4th 1177—County Civil Service Commission applied a policy which illegally elevated the scores of lower ranking permanent County employees over that of employees who had higher examination scores. Employees entitled to retroactive compensation.

58) Service Employees International Union v. City of Redwood City (1995) 32 Cal.App.4th 53—Status of fire prevention officers as peace officers for purposes of safety requirement.

59) City and County of San Francisco v. International Union of Operating Engineers (2007) ___ Cal App 4th ___; (decided May 31, 2007). The California Public Employment Relations Board has original exclusive jurisdiction over complaints which, if true, constitute unfair practices under the California Government Code and therefore a city or county could not sue a union in Superior Court by merely refraining from describing its complaint against the union as an unfair labor practice.

Practice Areas:
Labor Arbitrations and Collective Bargaining Negotiations
Class Actions and Wage and Hour Litigation
Employment Discrimination
Draft and Defend Legislation and Regulations
Nonprofit Organizations and Political Action Committees
Personal Injury
Public Sector