EDWARD KREISBERG - Meyers Nave

EDWARD KREISBERG
Edward (Eddie) Kreisberg specializes in providing labor and
employment litigation, advice, arbitration, administrative
hearing and negotiation services to public and private
employers throughout the state of California. The Daily
Journal recognized Eddie as one of the “Top Labor and
Employment Lawyers” in California for 2011.
Edward Kreisberg
Principal
555 12th Street, Suite 1500
Oakland, CA 94607
T: 510.808.2000
F: 510.444.1108
ekreisberg@meyersnave.com
Practice Group
Labor and Employment
Municipal Debt Restructuring and
Bankruptcy
California Bar Number
179528
Education
University of California at Davis School of
Law, JD, 1995
University of California at Berkeley, BA
Economics and History, 1990
Practicing Since: 1995
Eddie’s expertise includes representation of employers in
discrimination, harassment, retaliation, wage and hour,
benefits, and labor agreement lawsuits. Eddie also regularly
advises employers on the full range of labor and
employment issues, including layoffs and furloughs,
accommodation of disabilities, discipline, grievances, the
Family Medical Leave Act (FMLA), California Family Rights
Act (CFRA), pension, health, privacy, Public Employment
Relations Board (PERB) charges, overtime, the Police and
Firefighter Bill of Rights Acts, labor relations, harassment,
drug and alcohol, and violence in the workplace.
Eddie also represents employers in discipline, grievance, and
interest arbitrations, as well as administrative hearings before
civil service commissions, the Public Employment Relations
Board, the California Public Employees’ Retirement System
(CalPERS), the Department of Labor and the Employment
Development Department. He regularly audits public agency
rules, labor contracts, job descriptions and payroll practices
to ensure compliance with wage and hour laws.
In addition to the other aspects of his law practice, Eddie is
a sought after negotiator and advisor on all aspects of labor
relations. His work includes negotiating and advising on
successor Memoranda of Understanding (MOU), side
letters, personnel rules, employee handbooks, department
policies, civil service rules, past practice and employeremployee
relations resolutions.
Prior to joining Meyers Nave, Eddie worked as an attorney
for Liebert, Cassidy & Frierson where he defended and
advised public agency clients in all aspects of labor and
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employment law. He previously clerked for federal Magistrate Judge Louisa Porter in the U.S.
District Court, Southern District of California, advised Congressman Robert T. Matsui on
legislation and policy issues, and interned in the Office of Congressman Mel Levine. He has
clerked for both an insurance defense law firm and the Alaska office of a national firm
representing Native American governments.
Representative Experience
MOU Negotiations
The following is a representative list of cities for which Eddie has served as chief negotiator for
MOU negotiations:
City of Santa Clara
Santa Clara Electrical Workers, International Brotherhood of Electrical Workers (lBEW)
Local 1245
Santa Clara Employees’ Association
Santa Clara Field Operations and Maintenance Unit, American Federation of State County
and Municipal Employees (AFSCME) Local 101
Santa Clara Police Officers’ Association
Santa Clara Professional Engineers
Santa Clara Public Safety Non-Sworn Employees’ Association
Santa Clara Firefighters, International Association of Firefighters (IAFF) Local 1171
Santa Clara Management, Police Management and Fire Management Associations
City of Union City
Union City Firefighters, IAFF Local 1946
Union City Police Officers’ Association
City of Stockton
Trades and Maintenance Unit, Operations and Maintenance Unit, Water Supervisory Unit,
Operating Engineers Local 3
Stockton Mid-Management/Supervisory Level Unit
San Ramon Valley Fire Protection District
SRVFPD Firefighters, IAFF Local 3546
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Moraga-Orinda Fire District
IAFF Local 1230
City of Fremont
Battalion Chiefs, International Association of Firefighters, Local 1689
Fremont Professional Firefighters, International Association of Firefighters, Local 1689
City of National City
National City Police Officers’ Association
National City Firefighters, IAFF Local 2744
City of Galt
Galt Police Officers’ Association
Galt Public Services Unit, Operating Engineers Local 3
City of Milpitas
Milpitas Confidential and Mid-Management Unit, LIUNA Local 270
Milpitas Employees’ Association, LIUNA Local 270
Milpitas Police Officers’ Association
Milpitas Professional and Technical Group, LIUNA Local 270
Milpitas Supervisors’ Association, LIUNA Local 270
City of Capitola
Association of Capitola Employees, LIUNA Local 270
Confidential Employees’ Association
General Government Employees, LIUNA Local 270
Mid-Management Employees’ Association
Police Management Employees’ Association
City of Cloverdale
Cloverdale Classified Employees’ Association
Cloverdale Dispatchers’ Association
Cloverdale Police Officers’ Association
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City of Fairfield
Fairfield Police Officers’ Association
Fairfield Police Management Association
Fairfield Professional Fire Fighters' Association
City and County of San Francisco
Municipal Attorneys’ Association
Crescent City Harbor District
Employee Association (Carpenters)
Menlo Park Fire Protection District
Menlo Park Fire Protection District and Menlo Park Firefighters, IAFF Local 2400
Novato Sanitary District
Teamsters, Local 490
Scotts Valley Water District
Employees’ Organization
Arbitration Experience
Fremont Association of City Employees v. City of Fremont. Represented the City in a grievance
brought by the Fremont Association of City Employees. The Fremont Association of City
Employees alleged that the City violated the MOU and failed to meet and confer regarding
assignment of “patrolling” job duty following layoffs. The arbitrator ruled in favor of the City
and denied the grievance.
IAFF Local 1230 v. City of Pinole. Represented the City in an arbitration of a firefighter
appealing termination for being under the influence of marijuana during work hours. The
Arbitrator upheld the termination.
IFPTE, Local 21 v. Santa Clara Valley Water District. Represented the District in a discipline
appeal of a Procurement Unit manager terminated for a variety of performance issues. The
Arbitrator upheld the termination.
IAFF Local 55 v. City of Oakland. Represented the City in an arbitration hearing regarding
rights of IAFF Local 55 to arbitrate claims related to retiree health benefits. The arbitrator
ruled in favor of the City. The IAFF Local 55 subsequently dismissed the underlying
grievance.
Milpitas Police Officers Association v. City of Milpitas. Represented the City in a grievance filed by
the Milpitas Police Officers Association. The Milpitas Police Officers Association alleged that
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the City was not honoring holiday pay for employees working schedules consistent with the
MOU. The arbitrator ruled in favor of the City and denied the grievance.
Ross v. Xformic, Inc. Represented a technology company in a Department of Labor hearing
concerning a complaint of contractor for overtime. The Department of Labor dismissed the
claim. They concluded the claimant was an independent contractor; therefore, he had no
justification to claim overtime.
South San Francisco Police Association v. City of South San Francisco. Represented the City of South
San Francisco in a grievance filed by the South San Francisco Police Association. The South
San Francisco Police Association alleged that the City was violating the MOU by not cashing
out sick leave for separate employees with 20 years of service who did not retire with
CalPERS. The arbitrator ruled that the City’s practice was consistent with the MOU and
denied the grievance.
Association of Bay Area Governments (ABAG) v. SEIU Local 1021. Represented ABAG, a nonprofit
planning organization serving cities and counties in the Bay Area, in a grievance. This
concerned ABAG’s procedural obligations when reducing the weekly schedule of a grantfunded
employee due to a reduced funding and an agreement that the employee’s full-time
schedule was temporary.
Litigation Experience
Anderson et al. v. City of Vacaville. Represented the City of Vacaville in an FLSA lawsuit filed by
over 90 current and former police officers in the Vacaville Police Department. The case
achieved a favorable settlement on behalf of the City of Vacaville.
Barnes v. Northern California Power Agency. Defended Northern California Power Agency
(NCPA) in a lawsuit brought by a former employee alleging age and disability discrimination
and retaliation. NCPA received a complete judgment based on a favorable court ruling on a
motion to dismiss.
Carranza et al. v. Town of Los Altos Hills et al. Represented the Town of Los Altos Hills in a
wage and hour, discrimination, retaliation and tenancy lawsuit filed by employees of a lessee
of the Town. The Court dismissed all claims against the Town except those related to
tenancy, a claim of which was subsequently settled.
Eng v. Santa Clara Valley Water District et al. Represented the Santa Clara Valley Water District
in this case involving allegations of discrimination and retaliation for whistleblowing brought
by the District’s former budget officer. The Court granted the Santa Clara Valley Water
District’s motion for non-suit.
Fairfield Police Officers Association v. City of Fairfield. Defended the City of Fairfield in a writ and
injunction action filed by the Fairfield Police Officers union. The case resulted in a
subsequent settlement; the best final offer is pending following contract negotiations.
Hart et al. v. City of South San Francisco. Defended the City of South San Francisco and South
San Francisco Police Department in a marital discrimination and harassment lawsuit brought
by a police sergeant and his wife, and a Police Department evidence clerk. Received a
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favorable settlement for the City of South San Francisco and South San Francisco Police
Department.
Higdon v. City of Fort Bragg. Represented the City of Fort Bragg in a lawsuit brought by a
former police sergeant who resigned to take a job with another agency but claimed
entitlement to retiree health benefits. The Court ruled in favor of the City.
Kerr v. City of Turlock. Represented the City of Turlock in a lawsuit brought by its former City
Manager alleging entitlement to greater severance and contributions to CalPERS.
Martinez et al. v. City of Union City. Represented the City of Union City in writ action
challenging the amount of the City’s PERS health contributions to retirees and the effective
date of changes in PERS health law.
Mitchell et al. v. County of Tuolumne. Represented the County of Tuolumne in a lawsuit filed by
several former County employees seeking increased retirement benefits. The case achieved a
complete dismissal, which was upheld by the Court of Appeal for the Fifth District.
Moes v. City of Harford. Represented the City of Hanford in a lawsuit concerning a police
officers’ alleged right to wear a goatee under the facial hair grooming standard set forth in the
MOU. The Court granted the City’s motion for summary judgment.
Retired Employees Association of Orange County v. County of Orange, Case No. SACV 07-1301 AG
(MLGx). Successfully defended Orange County against a federal lawsuit brought by the
Retired Employees Association of Orange County challenging the methodology and rates set
for retiree health care and asserting “vested rights” to retiree health care benefits. The
County’s actuary earlier estimated the unfunded liabilities relating to the County's retiree
medical program at approximately $1.4 billion.
Yates et al v. Young Women's Christian Association (YWCA). Helped settle a race and gender
discrimination and harassment lawsuit filed by three current and former employees of the
YWCA.
Presentations and Publications
Speaker, “Interplay Of Key Leave Laws: Navigating ADA, FMLA, FEHA, And Workers’
Compensation Law,” CAPELRA Annual Training Conference, 2013
Author, “How Will PEPRA Affect Retired Annuitants?” CSDA e-News, November, 2012
Speaker, “The Finance Officer’s Role in Labor Relations,” CSMFO Annual Conference, 2012
Speaker, “Vested Rights: What We Can and Cannot Change,” CALPELRA Annual
Conference, 2012
Speaker, “Litigating, Mediating, Arbitrating, and Preventing Employment Law Claims,”
CALPELRALearn, 2012
Speaker, “Unraveling the Mysteries of the Fair Labor Standards Act and Audits,”
CALPELRALearn, 2012
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Speaker, "Scooby Doo - Where Are You? Navigating Leaves of Absence," PELRAC Annual
Conference, 2012
Speaker, “Negotiating Reductions in Benefits: What Finance Officers Need to Know,”
California Society of Municipal Finance Officers Annual Conference, 2012
Speaker, "Interplay of Key Leave Laws: Navigating ADA, FMLA, FEHA, and Worker's
Compensation Law," CALPELRA Annual Conference, 2011
Speaker, California Foundation for Fiscal Responsibility, 2011
Speaker, Northern California Chapter of the International Public Management Association-
Human Resources (NCCIPMA-HR), 2010 and 2011
Speaker, California Public Employers Labor Relations Association (CALPELRA), 2005-2011
Speaker, County Counsels’ Association Employment Law Conference, 2004 and 2010
Speaker, League of California Cities (LOCC), 2003 and 2010
Speaker, State Bar of California, Labor and Employment Section, 2009
Speaker, State Association of County Auditors, 2009
Speaker, Municipal Management Association of Northern California (MMANC), 2003 and
2009
Speaker, Association of California Water Agencies (ACWA), 2003 and 2007
Speaker, International Public Manager Association (IPMA), 2004, 2005 and 2006
Speaker, California Society of Municipal Finance Officers (CSMFO), 2005
Speaker, Southern California Public Labor Relations Council (SCPLRC), 2005
Speaker, Bay Area City Attorneys (BACA), 2000
Speaker, Public Agency Risk Managers Association (PARMA)
Speaker, numerous client briefings at Meyers Nave’s offices and agency-specific presentations
Author, “Mental Disabilities Under the American with Disabilities Act (ADA),” CPER, 1997
Speaker, specialized training for numerous public agencies on issues such as harassment,
discrimination, retaliation, overtime, the Firefighter Bill of Rights Act, medical leave laws,
labor relations and negotiations, references checks, discipline, and privacy issues
Professional Affiliations and Awards
Member, The State Bar of California
Member, Alameda County Bar Association, Labor & Employment Law Section
Recipient, “Top Labor and Employment Lawyers,” Daily Journal, 2011
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