ON THE INSIDE PRESIDENT’S CORNER BACK COVER MARK YOUR CALENDARS PLAN TO ATTEND... 2013 Fall Education Conference October 18 – 20, 2013 Hilton St. Louis at the Ballpark St. Louis, MO 2014 Annual Meeting May 21 – 24, 2014 Fairmont Chicago, Millennium Park Chicago, IL 2014 Fall Education Conference October 24 – 26, 2014 The Peabody Memphis Memphis, TN 2015 Annual Meeting May 20 – 23, 2015 The Westin St. Francis San Francisco, CA 2015 Fall Education Conference October 9 – 11, 2015 Four Seasons Hotel Denver Denver, CO Fall 2013 FEATURES 2013 FEC – St. Louis ........1 REF .......................7 New Members ..............14 COLUMNS Milestones ..................4 Regional Roundup ...........8 Remembering ..............16 by Edward Harrick The NAA’s Fall Education Conference is at the Hilton St. Louis at the Ballpark, a beautiful facility overlooking Busch Stadium, the St. Louis Arch and the Mississippi River. Situated in downtown St. Louis, there are many historic and contemporary venues for NAA members. The FEC begins with business and committee meetings on Thursday and Friday, October 17-18. The Presidential Dinner is on Friday at Tony’s, an internationally renowned dining establishment near the convention hotel. The substantive portion of the FEC opens with two plenary sessions. The first addresses social media with a discussion of its ethical concerns as well as how arbitrators might make use of it. This is session followed by a presentation on arbitration and the media. In a Chicago teacher contract, an arbitrator was subjected to intense media scrutiny. Don’t miss the backdrop to that story. In the afternoon there are six concurrent sessions on a wide range of topics: Minding Your Business (taxes, insurance, retirement planning and business models); Family Business Issues in Canadian Arbitration; A proposed Code of Ethics for Employment Arbitrators. Following a break, there are three more concurrent sessions: Arbitration Best Practices - the Advocates Perspective; the Impact of External Laws on Arbitration; and An Insider’s View of Major League Baseball’s Salary Arbitration Process. On Saturday evening members of the MissouriValley Region will serve as hosts for our traditional Dine-around program featuring at least four outstanding restaurants: Al’s, Kemolls, LoRusso’s and the Missouri Athletic Club. On Sunday, breakfast is followed by President James Oldham’s Presidential Remarks. Then we have a report from the Nominating Committee with its proposed 2014-2015 slate. Two plenary sessions conclude the Sunday program. The first is Labor Art - A Reflection on Workers and their Workplace. Two art collectors, a St. Louis attorney and an NAA member, will show a portion of the art they have collect over the decades. Then, a professor of art history will comment on the collections. The second session address Illness, Injury and Disaster - Managing Interruptions to the Practice. This session addresses how to plan for unforeseen events and to ensure the continuation of the practice. Meet us in St. Louie, Louie WELCOME TO ST. LOUIS 2013 FEC MORE ST. LOUIS, See Page 3
Transcript
ON THE INSIDE
PRESIDENT’S CORNERBACK COVER
MARKYOURCALENDARS
PLAN TO ATTEND...
2013 Fall Education ConferenceOctober 18 – 20, 2013
Hilton St. Louis at the BallparkSt. Louis, MO
2014 Annual MeetingMay 21 – 24, 2014
Fairmont Chicago, Millennium ParkChicago, IL
2014 Fall Education ConferenceOctober 24 – 26, 2014The Peabody Memphis
Memphis, TN
2015 Annual MeetingMay 20 – 23, 2015The Westin St. FrancisSan Francisco, CA
2015 Fall Education ConferenceOctober 9 – 11, 2015
The NAA’s Fall Education Conferenceis at the Hilton St. Louis at the Ballpark, abeautiful facility overlooking BuschStadium, the St. Louis Arch and theMississippi River. Situated in downtownSt. Louis, there are many historic andcontemporary venues for NAA members.
The FEC begins with business andcommittee meetings on Thursday andFriday, October 17-18. The PresidentialDinner is on Friday at Tony’s, aninternationally renowned diningestablishment near the convention hotel.
The substantive portion of the FECopens with two plenary sessions. The firstaddresses social media with a discussionof its ethical concerns as well as howarbitrators might make use of it. This issession followed by a presentation onarbitration and the media. In a Chicagoteacher contract, an arbitrator wassubjected to intense media scrutiny. Don’tmiss the backdrop to that story.
In the afternoon there are sixconcurrent sessions on a wide range oftopics: Minding Your Business (taxes,insurance, retirement planning andbusiness models); Family Business Issuesin CanadianArbitration;A proposed Code
of Ethics for Employment Arbitrators.Following a break, there are three moreconcurrent sessions: Arbitration BestPractices - the Advocates Perspective; theImpact of External Laws on Arbitration;and An Insider’s View of Major LeagueBaseball’s Salary Arbitration Process.
On Saturday evening members of theMissouriValley Region will serve as hostsfor our traditional Dine-around programfeaturing at least four outstandingrestaurants: Al’s, Kemolls, LoRusso’s andthe Missouri Athletic Club.
On Sunday, breakfast is followed byPresident James Oldham’s PresidentialRemarks. Then we have a report from theNominating Committee with its proposed2014-2015 slate. Two plenary sessionsconclude the Sunday program. The first isLabor Art - A Reflection on Workers andtheir Workplace. Two art collectors, a St.Louis attorney and an NAA member, willshow a portion of the art they have collectover the decades. Then, a professor of arthistory will comment on the collections.The second session address Illness, Injuryand Disaster - Managing Interruptions tothe Practice. This session addresses howto plan for unforeseen events and to ensurethe continuation of the practice.
Meet us in St. Louie, LouieWELCOME TO ST. LOUIS
2013 FEC
MORE ST. LOUIS, See Page 3
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The Chronicle is published by the National Academy ofArbitrators (Operations Center located at Suite 412, 1 NorthMain Street, Cortland, NewYork 13045). Copyright 2013.Allrights reserved.
The Chronicle is strictly an internal newsletter of theAcademy, and no reproduction of any of its contents is author-ized without express written consent of the Managing Editor.
The Chronicle is published three times a year: Spring, Fall,and Winter. Copy deadlines are March 15 (Spring), July 15(Fall), and November 15 (Winter). Please direct submissionsto Kathryn VanDagens, Managing Editor, and the NAAOperations Center. For submission instructions, contact NAAOperations Center at (607) 756-8363 or email, [email protected]
2013-2014 NAA OFFICERSJames C. Oldham, President
Donald S. McPherson, Vice PresidentKathleen Miller, Vice PresidentDaniel J. Nielsen, Vice PresidentElizabeth Neumeier, Vice President
David A. Petersen, Executive Secretary-TreasurerShyam Das, President-Elect
The ChronicleManaging Editor
Kathryn A. VanDagens
Assistant Managing EditorsBenjamin A. Kerner
ColumnistsLinda S. ByarsWalt De TreuxHoward G. FosterBarry GoldmanCatherine HarrisMichael P. LongMark I. LurieJohn E. Sands
Kenneth Paul Swan
Reporters
SubmissionsThe Chronicle runs several features and columns
highlighting the lives, stories, and work of the members of theAcademy. We are always in need of new subjects for the articlesand new story ideas. If you have any suggestions, want to write,or would like to see someone profiled in one of these columns,please contact Kathryn VanDagens, Managing Editor, [email protected] or contact the feature author directly.
Alongside Every Good Arbitrator…, written by Linda Byars([email protected]), highlights the volunteeraccomplishments of spouses and partners of Academymembers;
On The Job Training provides first person accounts ofarbitrators who have to experience hands-on the work lives ofemployees who appear before them.
A Look Back in Academy History features historicalmoments, large and small, in the Academy’s past.
NAA Book Review is a review by an NAAmember of a bookwritten by an NAA member.
Tales from the Hearing Room is a compilation of members’stories of strange, funny, and unusual happenings duringarbitration proceedings.
Off Duty Conduct, written by Barry Goldman([email protected]), highlights the esoteric passions thatmembers pursue in their time away from the hearing room.
Milestones, edited by Mike Long ([email protected]),reports on noteworthy accomplishments of NAA members.
We hope these features, complementing our current roster ofoutstanding columns and features like Technology Corner,Canadian Perspective, Regional Roundup, and ArbitrationOutside the CBA, capture your attention and interest.
Peter ChauvinJames S. CooperThomas K. GoldieTimothy HundleyMarsha C. Kelliher
Michelle Miller-Kotula
Jonathan S. MonatRichard J. RothMary Ellen SheaJan Stiglitz
Jeanne C. WoodDaniel G. Zeiser
Production ManagerKathleen E. Griffin
May 21 – 24, 2014Fairmont Chicago, Millennium Park
Chicago, ILFrom the Host Committee Chicago 2014We know that this is very early, but keep in mind that the 2014 AnnualMeeting will be held in Chicago between May 21 and May 25. The HostCommittee is already working on putting together an agenda of fun things todo in Chicago. Keep your eyes open for further information as we get clos-er to next spring. Have fun in St. Louis!
PleaseJoin Us:
2014AnnualMeeting
3
The NAA is meeting at the Hilton St. Louis at the Ballpark for the 2013 Fall Education Conference. We look forwardto seeing you October 18 - 20!
The President’s Dinner will take place on Thursday, October 17 at Tony’s Restaurant in downtown St. Louis (across thestreet from our conference hotel), a restaurant with a reputation for delivering impeccable service and exceptional food.Our opening dinner is at the Hilton St. Louis on Friday evening, October 18.
Get acquainted with the popular sights and local favorites that St. Louis has to offer during a fully narrated 75 minutetour aboard an authentic, climate controlled trolley with brass rails, bells and all! Here’s just some of the highlights of whatyou’ll see, learn about, along the way:
• Laclede’s Landing (Historic/Entertainment District)• The Mighty Mississippi River• The St. Louis Arch• The Old Cathedral• The Old Courthouse• Busch Stadium• Millionaire’s Row• St. Louis Union Station• Forest Park: Zoo, Science Center, Museums• Washington and St. Louis Universities• The U-City Loop (Blueberry Hill/St. Louis walk of fame)• The Cathedral Basilica• Downtown St. Louis• The Edward Jones Dome
Adult Ticket - $20; Seniors (60+);Children (12 and under)$10.Trolleydeparts and returns to the entrance ofLumiere Place Casino in downtown St.Louis along the riverfront. Make sure tolook for the “St. Louis Fun Trolley Tour”Signs! Tickets can also be purchasedin the Lumiere Gift Shop, 999 North2nd Street, St. Louis, MO 63102(314)-881-7404.
The Old CathedralThe Old Cathedral, the oldestchurch in St. Louis and the oldestcathedral west of the MississippiRiver. The present structure, stand-ing adjacent to the grounds of theGateway Arch, is 150 years old. Itwas given Basilica status in 1961.
Also, be sure to stop by the NAAregistration desk for a list,“Welcome to St. Louis”, which com-piles downtown attractions, ArtGalleries, Theaters, Restaurantsand much more!
Old Courthouse TourThe Old Courthouse, part of the Jefferson NationalExpansion Memorial, is a glowing downtown St.Louis landmark where slave auctions were heldand where Dred Scot started his fight for freedom.Ranger led tours of the Old Courthouse andMuseum of Westward Expansion are led everydayon varying schedules.
The Gateway ArchThe nation’s tallest monument at 630 feet, the Gateway Arch has beck-oned visitors for more than 40 years with its iconic, awe-inspiringshape. The vision of renowned architect Eero Saarinen, the GatewayArch commemorates Thomas Jefferson and St. Louis’ role in the west-ward expansion of the United States.
See You in St. Louis!
Be sure to meet us in St. Louie, Louie!!!
MILESTONESEdited by Michael P. Long
NOTEWORTHY HONORS &PROFESSIONAL ACTIVITIES
Ed Edelman – has received a very public love letter – deliv-ered by Tom Brokaw and produced by his wife, Mari. Ed, a30+ year member of the NAA, after leaving the NLRB andspending most of his life as an elected member of the LosAngeles City Council and then as an elected member of theLos Angeles County Board of Supervisors, returned to serv-ice as a labor arbitrator. This spring he was the subject of aKOCE PBS SoCal special documentary titled, “The Passionsand Politics of Ed Edelman,” widely described as a love let-ter, and written, directed, and produced over a four-year spanby Ed’s wife, Mari, narrated by Tom Brokaw and featuring awho’s who of local pundits, professors, and politicians.
• “There are hundreds of thousands of people in LosAngeles County, and in this state, whose lives are betterbecause of someone whose name they never knew,” for-mer Edelman aide John Lovell says in the documentary.
• “When you’re talking about Ed’s integrity, and his will-ingness to stand by his word, he was very reliable onthat score, unlike a couple of my other colleagues,” for-mer L.A. County Supervisor Peter Schabarum said inthe documentary.
• Ed Edelman was among the first elected officials tostand, unabashedly, for gay rights.
• When police pounded war protesters, he waved a stickat police abuse.
• He denounced censorship and defended artistic expres-sion, even the risqué.
• He warned that Proposition 13 would wreak havoc onlocal governments and benefit commercial propertyowners more than homeowners.
• When others wrote off the homeless as bums, Edelmanobserved that many of them were mentally ill, and heargued that helping them was both humane and cost-effective.
• The county children’s court is named for him becausehe believed child abuse and neglect as well as juvenile
justice needed to be handled in “child-sensitive” quar-ters apart from the adult facilities.
In addition to all this, Ed was an accomplished cellist whohelped clear the way for Walt Disney Concert Hall, dug upfunding to keep the Hollywood Bowl in business, and insist-ed that the Bowl continue to reserve some $1 tickets for Bowlevents so everyone could afford to hear great live music, a tra-dition that survives today.
And, to name just one more achievement, Ed dramaticallybrokered a deal to snatch more than 600 acres of a Topangahillside from the clutches of developers and preserve the areaas public parkland.
The documentary ends with these words, spoken by EdEdelman:
“Don’t give up hope. Keep striving. Keep trying to improveyourself and your community. We need people that care forone another.”
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Peter R. Meyers – completed a three-year position as theNeutral Co-Chair of the American Bar Association’s Sectionof Labor and Employment Law, State and Local GovernmentBargaining and Employment Law Committee, and handedthe gavel to his successor, Dan Nielsen, in February, 2013 atthe Mid-Winter Meeting in Punta Pacifica, Panama.
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Marty Scheinman – has been busy and is getting busier. Hewas nominated by Governor Andrew Cuomo and confirmedby the NY State Senate to serve on Cornell University’sBoard of Trustees. Marty was already a Cornell PresidentialCouncillor, a distinction conferred for life, the highest honorthe Board of Trustees bestows. Other recent activities, besidespresiding over his blended family of five children between theages of 19 and 23, include:
• aiding his therapist wife Laurie open and operateWit &Whim, her self-proclaimed “mid-life crisis store,” alifestyle gift boutique where the profits fund a differentcharity each month,
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• serving on the Board of Overseers of C.W. PostCollege’s Tilles Center for the Performing Arts, LongIsland NewYork’s premier performing arts center serv-ing eight million residents,
• being elected President of Equality/Long Island whichengages in lobbying and endorsement of pro-LGBTcandidates, and
• being chosen as Director of Congressman Steve Israel’s(NY 3rd Congressional District) Victory Fund.
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Michael Wolf – was reappointed in May to a four-year termas Chair of the Grievance Committee for the InternationalMonetary Fund. Also, Mike and severalAcademy colleaguesin the D.C. Region were appointed in June to serve on thePERB for Prince George’s County, Maryland.
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Arnold Zack – reached the expiration in July of his third,three year term as Judge at the Asian Development BankAdministrative Tribunal, the last few years as President of theTribunal.
No longer eligible for reappointment because of term limita-tions, Arnold relates that it has been an exciting and reward-ing experience working with judges from India, Pakistan,Japan, Australia, UK, Belgium, and the Philippines. Arnoldis proud to say that all of the Tribunal’s decisions during hispresidency have been unanimous despite the different legaland ethnic systems fromwhich the members all came. Arnoldstates that his service has also led to a number of assignmentshelping to improve the internal dispute resolution systems ofa number of International Organizations, work which Arnoldwill continue.
Arnold adds a BTW –He recently completed an evaluation ofthe Collective Bargaining Project of the China Labor Bulletinfor their funder, the US Department of State. Readers whoare interested in Chinese Labor relations issues should lookup the China Labor Bulletin website and receive its periodicreports on labor relations in China. The web site iswww.clb.org.hk/
PUBLICATIONS & PRESENTATIONSRichard N. Block – has recently had three of his articles pub-lished:
• “Statutory Leave Entitlements Across DevelopedCountries: Why US Workers Lose Out OnWork–Family Balance,” by Richard N. Block, Joo-Young Park and Young-Hee Kang, InternationalLabour Review, Vol. 152, No. 1, March, 2013, pp. 125-44;
• “Collective Bargaining and Public Policy: Pathways toWork-Family Policy: Adoption in Australia and theUnited States,” by Peter Berg, Marian Baird, EllenErnst Kossek, and Richard N. Block in the EuropeanManagement Journal, 2013, http://dx.doi.org/10.1016/j.bbr.2011.03.031; and
• “The Passage of ‘Right-to-Work’ in Michigan: How didit Happen? What Does It Mean?” by Richard N. Blockin the International Labor Brief, Korea Labor Institute,Vol. 11, No. 4, 2013.
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Brian Clauss – was honored to participate as the author ofChapter 8, entitled “Employment Rights,” in the AmericanBar Association’s Family Guide to Military Service, whichwas released by Random House on Memorial Day.
This book is the latest in the ABA’s non-lawyer Guide seriesof reasonably-priced layman’s guides. It is the first book of itskind to present a user-friendly overview of the numerousareas of the law in which military service and civilian lawintersect. In support of this unique publication, the JohnMarshall Law School Veterans Clinic is partnering with theABA to produce a free eight-part internet-based series in sup-port of the book. It will be available at the time of this print-ing at jmls.edu/veterans. Brian will be hosting two of theepisodes.
Shortly before the book’s release, Brian had the privilege ofhosting the grand opening of the John Marshall Law SchoolVeterans Legal Support Center and Clinic - a pro-bono legalclinic that assists hundreds of veterans annually in VA benefitappeals and other legal matters. The clinic moved into a ren-ovated 110-year-old office building adjacent to the school in
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the South Loop. It is over 5400 square feet of state-of-the-artlaw office and classroom at ground level on JacksonBoulevard. It presents a new and unique design as it is PostTraumatic Stress Disorder focused.
Brian’s team’s work in designing and building the firstChicago office for those with PTSD was featured in aChicago Tribune story on July 5, and was subsequently car-ried in a number of other media outlets including Stars andStripes and the LA Times.
Brian quips that, as his NAA friends well know, he loveshearing himself talk – and, accordingly, he has continued hisunapologetic PR campaign in support of the veterans’ pro-gram with regular media appearances in the Chicago market.All this and one more thing on a non-legal media note: Briandrives a Studebaker and is proud of it! He will be doing hisannual piece on the WGN News for National Drive YourStudebaker Day at the end of the summer.
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Allan McCausland – presented a paper titled, “The Impactof Technology on Employment and Earnings,” and chaired aPanel discussion on the same subject at the 10th AnnualInternational Meeting, National Association of ForensicEconomics, in Cannes, France, on May 29, 2013. The Paperand Panel discussion dealt with technological displacementsince the 1970’s of labor by education and skill levels; recentchanges in labor force participation rates and “real” earningsby age and education; use of robotics, including avatars, andthe online “Workforce in the Cloud” for outsourc-ing/subcontracting work.
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Michael D. McDowell – delivered a presentation on the sub-ject “Elements of Mediation - Option Generation, Resolutionand Closure,” as a member of the faculty of the BasicMediation Training Program, sponsored by theWest VirginiaBar and held on June 18 and 19, 2013.
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Harold E. Moore – was the featured speaker for the KiwanisClub of Arlington Texas Southwest at its meeting on April 2,2013. His topic was, “The difference between Labor
Arbitration and Mediation.” He repeated the speech to theMen’s Club of the Most Blessed Sacrament Catholic Churchin Arlington, Texas on June 22, 2013. Harold quips, “It’s notthat the subject is entertaining, but I work cheap - A lunch orbreakfast is all it takes for me to speak.”
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Charles J. Morris – has filed four amicus briefs in the twopending federal court cases that challenge the NLRB’s notice-posting rule which he had originated in 1993 with the filingof an “interested person’s petition” with the Board in 1993 -in National Association of Manufacturers v. NLRB, in theD.C. District and the D.C. Circuit Court of Appeals, and inU.S. Chamber of Commerce v. NLRB, in the Charleston S.C.District Court and the Fourth Circuit Court of Appeals. TheD.C. District Court brief was joined by the AFL-CIO andChange-to-Win federations.
Charles also presented a keynote address in March at theUniversity of Illinois Labor Education conference in Chicagoon “New Models of Worker Representation.” In April, theBloomberg BNA Daily Labor Report carried a Q&A inter-view with Charles, in which he discussed “The Case forMembers-Only Bargaining Rights under the National LaborRelations Act.”
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Ted St. Antoine – delivered the keynote address, “The Useand Abuse of Precedent in Labor and EmploymentArbitration,” in June at the 30th Annual Carl A. Warns, Jr.Labor & Employment Law Institute, University of LouisvilleBrandeis School of Law.
ONA PERSONAL NOTELarry Katz – has also joined the first-time grandparent’sclub. His first-born son, Samuel (age 35), has assisted in thebirth of his first-born son, Charlie Traveler Katz, in December2012, in Asheville, NC. Though it’s quite a distance, Larryand wife, Steffi, enjoy Charlie so much that regular visits arenow on the docket.
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James P. O’Grady – with his wife, Pat, celebrated their 48thwedding anniversary aboard the child friendly RoyalCaribbean Oasis of the Seas cruising with all 17 of their sons,
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daughters-in-law& grandchildren. Pat says that the real mile-stone was that all 19 returned safely to their homes in St.Louis, Boston, Chicago & Dallas with only two having visit-ed the ship’s doctor: a lawyer son with sun-burned feet in St.Thomas, USVI & a young granddaughter who thought that ifone swig of liquid baby aspirin was good, half of the bottle
was even better. Indeed, she slept very well. Jim returned toface a mail tub of post-hearing briefs & requests for futurehearing dates, which will come in handy since the familyenjoyed themselves so much, they made a determination tospend Christmas 2014 aboard the ship to celebrate their 50th
wedding anniversary just a little early.
Continuing Call for MILESTONES
Honors? Publications? Exceptional activities - professional or otherwise?
Please alert us if you know of a noteworthy activity or event, whether it involves you or another member. We are adiverse and vigorous group, and, while one may be modest and restrained regarding personal accomplishments with theparties to disputes, friends and colleagues in the National Academy from around Canada and the USA enjoy hearingabout not only your professional service but also your noteworthy activities outside the hearing room as well.
Please send your news to Mike Long by e-mail at [email protected] (preferred way).If you’re not on line, just fax it to Mike Long at (248) 375-9918, or mail it to:
Professor Michael P. LongDepartment of Human Resource Development
495-A Pawley HallOakland University, Rochester, MI 48309.
Phone/fax (248) 375-9918
Film Premier: “The Art and Science of Arbitration.”
Through incisive interviews that explore the experience,insight, humor, courage and sheer humanity of arbitrators, welearn how the giants of the field make labor arbitration an art.The highly anticipated documentary, “TheArt and Science ofArbitration”, will debut in November at the American BarAssociation’s Continuing Legal Education Conference. Thedocumentary, co-funded by the REF, is produced by theCollege and Labor and Employment Lawyers and is narratedby the Academy’s own Alan Symonette. It features some ofthe NAA’s most illustrious members including GeorgeNicolau, Richard Bloch, Ted St. Antoine, Frances Bairstow,Roberta Golick and James Harkless, among others. Emmyaward winning film director Carol Rosenbaum commentedthat the “humanity, emotional connection, intellectualprowess, integrity, and bravery” of the arbitrators shinethrough in the documentary. “They do their work and maketough decisions… because it’s the right thing”. The documen-
tary will be available for general viewing early in 2014.
The generosity of our members has put the REF in astrong position to fund new research and education propos-als. Academy members are eligible to apply. The applicationguidelines, criteria, and review process are set out in theFoundation’s section of the NAA website. If you are unsureif your project might qualify or how to proceed, please donot hesitate to contact Allen Ponak ([email protected]).
New Donor recognition categories planned.
The Foundation plans to recognize members who havemade exceptional donations to the REF over the years bycreating new aggregate recognition levels. Current life mem-bers will not be impacted by these new levels but new cate-gories will be created to honor those who have donated wellabove the $1000 threshold for life membership.
RESEARCHAND EDUCATION FOUNDATION
CANADARegion 7 (Canada) had its annual meeting at the NAAConference inVancouver. A number of issues were canvassed– the potential for a Region 7 website, an update on securityclearance requirements recently imposed under the CanadaLabour Code on adjudicators, an update on theirAugust 2014meeting in St. John’s, as well as the Fall NAA conference inSt. Louis. A number of those issues will be studied further.
In terms of the August 2014 Region 7 meeting in St. John’s,that meeting is open to all Canadian arbitrators as well as anyNAA member who would like to attend. The specific datesare Friday,August 8 to Sunday,August 10, 2014, and the sub-stantive portion is only in the mornings, leaving a significantamount of free time to explore and enjoy the people andscenery. If you are interested, please feel free to contact RandiAbramsky at [email protected]. All are welcome.
CENTRALMIDWESTMembers of the Midwest Region have recently endured situ-ations like the evisceration of public sector collective bargain-ing inWisconsin and the continuing debacle of Illinois publicfinance and pension funding that has made the state the topicof many late night comedians.
The Region has a number of members presenting at our forth-coming FEC in St Louis. Region members have also beenworking with Marty Malin on engaging local advocates tosuggest topics for next spring’s Annual Meeting in Chicago.
Marty hosted a highly-successful meeting of a cross-sectionof leading local advocates, NAA members, and up-and-com-ing newer arbitrators to discuss potential topic ideas. It was aneffective means to get advocates and non-member arbitratorsinterested in attending - both by making them part of the eventand also by highlighting the knowledge, skill, tenure, andpeer-approved acceptance of NAA members.
Members also continue their public efforts on behalf of theNAA. The Region has worked with AAA to present a fourpart “Roadmap for LaborArbitration” series that will be web-cast this fall. Eight NAA members are participating.
Members are also using the NAA’s Regional EducationCommittee model to present a day-long advocates trainingcosponsored with DePaul University.
METROPOLITAN D.C.In May, 2013, the D.C. Region joined forces with theMetropolitan NewYork, Upstate NewYork, and Mid-AtlanticRegions to conduct training programs for advocates and arbi-trators in conjunction with the FMCS symposium held inAtlantic City, NJ. SeeWalt De Treux’s article in this issue ofThe Chronicle describing this successful training.
METROPOLITAN NEWYORKOn May 15, 2013, Region 2 had a very special, OFF-TOPICmeeting, open to NAA, non-NAA, spouses and friends. Thismeeting featured Ralph Berger and his brother, AlbertBerger, who spoke to Region members about the book theyedited, With Courage Shall We Fight: The Memoirs andPoetry of Holocaust Resistance Fighters Frances “Fruma”Gulkowich Berger and Murray “Motke” Berger. WithCourage Shall We Fight tells the incredible story of survivalof Murray “Motke” Berger, one of the original members ofthe Bielski Brigade (depicted in the movie “Defiance”), andFrances “Fruma” Berger, the first woman in the Brigade to beissued a weapon. Miraculously, first individually and thentogether as fighters in the Bielski Brigade, they escaped fromthe Nazis and certain death and literally fought back, savingnot only their own lives but those of others as well. The bookis a compilation of their first person written memoirs andFruma’s compelling poetry about the Holocaust and life as aPartisan. It tells the story of their lives before, during, and afterthe War. According to Ralph, their history was more than astory of survival during the Holocaust, of enduring the hard-ships of displaced persons, and of establishing themselves ina new country where they had arrived nearly broke and bare-ly speaking the language. Theirs was also a love story.Region members were privileged that Ralph and Albertshared this evening and their story with them. At the begin-ning of their talk, Ralph dedicated the presentation to formerNAA President, George Nicolau, who was a bomb navigatorover Nazi occupied parts of Europe during WWII. TheRegion was fortunate that George was in town and able to jointhem for the evening.
On June 25, 2013, Region 2 had a breakfast meeting with newAAA President, India Johnson, at the new offices of theAAAin New York City. Region members had the opportunity tospeak with India and to tour the new facilities.
MICHIGANThe Michigan Region members and their guests met for din-ner and conversation onMarch 12, 2013, with the intention ofhaving a roundtable discussion of current issues in labor arbi-tration. Instead, an informal conversation ensued aroundissues of the day.
On June 11, 2013, following dinner at the PlymouthCrossings restaurant, Region members and their guests weretreated to a presentation by attorney and arbitrator SteveSchwartz regarding the “Internet Privacy Protection Act”passed by the Michigan legislature in the waning hours oftheir last legislative session. Ostensibly, the Act protectsemployees’ social media privacy against improper intrusionsby their employers, but upon closer inspection, some mem-bers expressed doubt that employees are the main beneficiar-ies of theAct. A lively discussion followed Steve’s presenta-tion as to the Act’s impact in a just cause context.
George T. Roumell, Jr. was elected as the new MichiganRegion Chair.
MID-ATLANTICIn May, 2013, the Mid-Atlantic Region joined forces with theMetropolitan NewYork, Upstate NewYork, and D.C. Regionsto conduct training programs for advocates and arbitrators inconjunction with the FMCS symposium held inAtlantic City,NJ. SeeWalt De Treux’s article in this issue of The Chronicledescribing this successful training.
MISSOURI VALLEYOn March 8, 2013, Harry Wellford, Esq., Littler Mendelson,discussed An Insider’s View of Major League Baseball’sSalary Arbitration Process. He provided a description of theprocess and the criteria used to determine salaries in baseballarbitration. Mr. Wellford provided discussion of the use ofcomparables and gave examples of how they are used.
On April 12, 2013, Jerry Cohen, NAA, presented How Goodis Testimony by an EyeWitness? Cohen presented six factorsthat he believes can help to establish the credibility of the tes-timony of an eye witness: observation, memory, distraction,expectations and the limits of memory such as what is forgot-ten and howmemory fills in missing information. Discussionfocused on the length on the observation and how memorymay fade or change over time.
On May 10, 2013, Jim O’Grady, NAA, offered an interactivepresentation about Remedies in Discipline Cases. Discussioncentered on fourteen questions concerning remedies. Forexample: what should be included in the remedy; what con-ditions can be placed on reinstatement; when should back paybe reduced or eliminated; what is trivial or immaterial underthe de minimis rule; what are the key terms to a last chanceagreement; and in making a grievant whole, what should beincluded. Discussion was lively...we even exceeded our allot-ted time for the session.
On June 6, 2013, Jim O’Grady, NAA, and Ed Harrick, NAA,helped to conduct a mock arbitration hearing at the Labor andEmployment Relations Association national meetings in St.Louis. They used the fact set of the NAA’s Case of theMissing Money. The mock award responses from the LERAattendees were tabulated and compared to the results of bothArbitrator O’Grady’s award and the awards made by NAAattendees in San Diego, June 2011.
The Missouri Valley’s newest NAA Member, GeorgeFitzsimmons, was inducted in Vancouver. Welcome aboard,George.
TheMissouriValley NAAmeets on the second Friday of eachmonth from September – May. The luncheon meetings areabout 90 minutes. Meetings are open to all NAA members.
NEW ENGLANDThe Northeast Region’s Fall 2012 meeting featured NAAmember, Robert B. McKersie, Professor Emeritus ofManagement at the MIT Sloan School and “an expert sourceon industrial and labor relations.” His compelling presentationwas titled, “While Rome Burns: The Future of Public SectorCollective Bargaining and the Role of the Labor Arbitrator.”The spring 2013 meeting featured President Sara Adler. Themembers appreciated her overview of the rapidly changinglandscape. President Adler’s observation of the previouslyverboten practice of naming arbitrators in the press was a sur-prise to some and it prompted an animated discussion.A plan-ning group is being formed to plan this year’s educational pro-gram for advocates. Finally, if your vacation plans includeNew England, the Northeast Region invites you to let themknow. They will be happy to offer “insider tips” to assure amemorable visit!
NORTHERN CALIFORNIAThe NorCal Region is planning a mixed regional meetingscheduled for Nov. 8, 9, & 10, 2013 to be held at theAsilomarConference Center in Pacific Grove, California on theMonterey Peninsula. In addition to the NorCal Region, arbi-trators from Southern California and the Pacific NorthwestRegions will be in attendance. All members are invited and,if interested, should contact Allen Pool.
OHIO-KENTUCKYThe Region was a co-sponsor of the FMCS 2013 CentralOhio Arbitrator and Advocate Symposium in Columbus,Ohio, on May 2 and 3, which drew 165 registrants. DennisE. Minni served as the Co-Chair of the Planning Committee.We were honored that Sara Adler, NAA President was theKeynote Speaker. President Adler spoke on “Are WeHeedless, Headless and Heartless? Arbitration and the PublicMedia.” A number of NAA members presented during thesymposium or served as moderators, including RobertBrookins, David W. Stanton, Dennis E. Minni, Anna DuvalSmith, Mitchell B. Goldberg, Greg Van Pelt, Paul F. Gerhart,Margaret N. Johnson, Frank A. Keenan, Charles W. Kohler,Colman R. Lalka,Anne T. Patton, Edwin R. Render andMaryJo Schiavoni, and Gregory Szuter.
President Adler also spoke at the Ohio/Kentucky AnnualMeeting held on May 2, 2013.
Dennis E. Minni and David Stanton are serving on the 2014Symposium Planning Committee. Next year’s program willbe at the Crown Plaza in Columbus, Ohio on May 1 and 2,2014. The Region’s annual meeting will again be incorporat-ed with the Symposium.
The following members were re-elected to serve as officersfor 2013-2014. Chairperson: Floyd Weatherspoon; ViceChairperson: Daniel Zeiser; Secretary/Treasurer: DavidStanton.
PACIFIC NORTHWESTThe Region held its annual meeting in Vancouver on June 8,2013 immediately following the NAA annual meeting. Plansare being developed for the next Pacific Northwest LaborArbitrators Conference, which is scheduled forApril 2, 2014,in Seattle. More information will be forthcoming later thisyear. Region members are also invited to attend the mixedregional meeting to be held November 8-10, 2013, at theAsilomar Conference Grounds in Pacific Grove, California,on the Monterey Peninsula.
SOUTHEASTThe Southeast Region of the NationalAcademy ofArbitratorswill hold its 2014 Regional Meeting in Atlanta, Georgia onFebruary 22 and 23, 2014. The program committee is work-ing to put together a top notch advocates’ training program onFriday, February 22, 2014 and a full-day program onSaturday, February 23, 2014. A reception and dinner will beheld on Friday evening with a full day’s program on Saturday,February 23, 2014. The Southeast Region invites all NAAmembers and advocates to come to Atlanta in February of2014.
SOUTHERN CALIFORNIAThe Region was quiet for a few months but had plans to getkicking again in mid-August with a members-only meeting,followed with a full meeting in late August-early Septemberin conjunction with another organization such as the NLRBand/or LERA. The Region will meet with neutrals in thePhoenix, Arizona vicinity where the Region hopes to hold amulti-Regional meeting in spring 2014. Several of the So.Cal. group will be joining their Northern Cal. counterpartsnear Monterey, California this November. At their Augustregional meeting they planned to discuss their next meet-the-arbitrator program and the selection of their next Regionalchair(s). Regional Chair Steinberg expresses that he hasenjoyed interfacing with his fellow “arbs” these past coupleof years, but says it is time for a change. Needless to say,
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Photo
by:OH-KYRegion
Newly elected Ohio-Kentucky officers Weatherspoon, Zeiser andStanton pose with Sara Adler.
REGIONAL ROUNDUP (Continued from Page 10)
Region members are proud of the job their Sara Adler did asNAA president this past year, and profoundly saddened bythe passing of “Judge” Ted Jones.
SOUTHWESTThe NAA’s Southwest Rockies Region, which includes mem-bers from Colorado, New Mexico, Texas, Oklahoma,Louisiana, and Arkansas, engages in a number of outreachactivities to promote the professional growth of arbitratorsand arbitration advocates. Of particular interest is the AnnualLabor-Management Conference that will be held for the 37thyear on February 27 and 28, and March 1, 2014, at the LoveField Wyndham Hotel in Dallas. This highly successful con-ference combines both advocate and arbitrator training, withCLE credits available from the Texas and Oklahoma StateBars. Of note, the basic training course for labor and manage-ment advocates incorporates the Labor Arbitration AdvocacyTraining materials developed by the NAA’s RegionalEducation Conference Resources Committee. Last year, thepopular training program was conducted by two experiencedTexas attorneys in labor and employment law, Patrick Flynn,Esq., and Joseph G. “Chip” Galagaza, Esq., and attended by93 participants. They will join us again this year, and the pro-gram will also include a variety of advanced interactive offer-ings for arbitrators and advocates. Advocates and arbitratorsfrom other Regions are encouraged to join the Region in
Dallas. Conference details and registration information isavailable on the Region’s new web page at www.naaswr.org.Check it out and the Region hopes to see you in Dallas.
UPSTATE NEWYORKIn May 2013, the Region joined forces with the MetropolitanNewYork, Mid-Atlantic, and D.C. Regions, to conduct train-ing programs for advocates and arbitrators in conjunctionwith the FMCS symposium held inAtlantic City, New Jersey.See Walt De Treux’s article in this issue of The Chronicledescribing this successful training.
WESTERN PENNSYLVANIAOn May 17, 2013, theWestern PA Region held its first meet-ing of the year at the Pittsburgh Athletic Association. TheRegional members and guests had the opportunity to networkand talk about arbitration experiences with two local Unionadvocates in the Pittsburgh area. The next Regional meetingis scheduled for September 20, 2013. At this meeting, localmanagement advocates will be invited to attend to networkwith the arbitrators.
THE INTERNATIONAL STUDIESCOMMITTEEby Richard N. Block
A special issue of the The Comparative Labor Law andPolicy Journal co-edited by NAA member Matt Finkin andprepared by the NAA’s overseas correspondents under theauspices of the NAA International Studies Committee isexpected to be published inAugust. The issue contains paperson legal, administrative, and alternative systems for resolvinglabor and employment disputes in eight countries. The coun-tries are Belgium, France, Germany, and Italy in the EuropeanUnion, as well as Australia, Brazil, Japan, and New Zealand.The papers not only consider how the systems currently oper-ate, but how the systems have evolved in response to courtdecisions and changing economic and political trends. Theintroduction was written by NAAmembers Richard N. Blockand Robert Simmelkjaer. Simmelkjaer and NAA memberAlvin Goldman also provided additional editorial support.NAA members Thomas Kochan and Ted St. Antoine are onthe Journal’s Editorial Advisory Board. The Journal is co-sponsored by the U.S. Branch of the International Society forLabor and Social Security Law which currently is chaired byNAA member Steve Befort.
Please Join Us:2014 Fall Education Conference
October 24 – 26, 2014
The Peabody MemphisMemphis, TN
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byWalt De Treux and Margie Brogan(Former and Current National
Coordinators of Regional Activities)
The National Academy of Arbitratorstakes seriously its role to educate both itsmembers and the parties who appear atarbitration. Each year at the AnnualMeeting, the Advocacy ContinuingEducation Committee presents aninformative and well-attended programfor advocates. And in certain years, skillenhancement workshops are offered atthe Fall Education Conference to NAAmembers in various specialized indus-tries or on specific topics. But advocatesand member and non-member arbitratorscannot always make it to an AnnualMeeting or an FEC for a variety of finan-cial, geographical, or personal reasons.Over the last three years, theAcademy
has made a strong effort to encourageand develop advocate and arbitratortraining programs for and in the Regions.That effort has met with great success asa curriculum for advocacy training hasbeen developed, and many Regions haveadopted or are planning to use all or partof that curriculum. In addition, theRegions have utilized arbitration filmsproduced by the Academy (The MissingMoney) or funded by the Research andEducation Foundation (The Suspensionof Nurse Kevin) to create training pro-grams.The efforts of the past three years have
revealed one welcome and undeniablefact – training is in great and growingdemand among advocates and new,aspiring arbitrators. During the recessionand its aftermath, many employers andunions reduced funds available for train-ing; but as the economy improves, theseorganizations have a need to educatethose employees and members who haveonly recently entered positions in thelabor relations field or who are in need ofrefresher or more advanced training.For more than 30 years, the Federal
Mediation and Conciliation Service(FMCS) has sponsored an Arbitration
Symposium in Atlantic City which wasattended by labor management practi-tioners and arbitrators from the NewYork-Philadelphia-DC corridor. In 2012,FMCS asked theAcademy if it was inter-ested in co-sponsoring the Symposium(with the Philadelphia chapter of LERA)and presenting an NAA advocacy train-ing program the day before theSymposium. The request promptedtheMidAtlantic, NewYork, Upstate NewYork, and Washington DC Regions in2012 to combine forces and host anadvocacy training program that coveredan arbitration hearing from the filing ofthe grievance through closing statements.NAA members from all four Regionsserved as trainers. (NAA members alsoserved as panelists and moderators at theSymposium the following day.)Because of the interactive nature of
the program, attendance was limited to50 advocates. Within a month of the reg-istration forms being distributed, FMCSasked the Regions to increase the cap to60 attendees as the first 50 slots werequickly filled. Those 10 slots went justas quickly, and FMCS kept a waiting listof 10-15 hopeful attendees.The program was well received, and
FMCS asked the Regions to present fur-ther programs at its May 2013Symposium. The Regions decided todesign a program that would span 3 or 4years by breaking down the componentsof the arbitration process. In 2013, theprogram focused on Developing the CaseTheory, Case Preparation, and OpeningStatements (based on the work of HomerLaRue). In 2014, Witness Examinationand Evidence will be the main topics; in2015 the topics will be a substantive lookat Just Cause and Contract Interpretationand the art of Closing Statements.Following this format, advocates will beencouraged to attend on an annual basiswithout being subjected to the same pro-gram year after year.Demand for the May 2013 program
was even better than the previous year.The sixty available slots were filled
within three weeks of registration.FMCS again maintained a waiting list of10-15 people, and it turned away 40other individuals who wanted to attend.For next year, FMCS has asked theRegions to consider a federal sector pro-gram to run simultaneous with theplanned advocacy training to make moreslots available.In addition to the advocacy training,
the Regions also hosted a half-day arbi-trator workshop focused on ethics andthe business of arbitration. The work-shop sold out with a mix of aspiring andexperienced arbitrators. The Regionsexpect to continue to hold such arbitratortraining every 2-3 years.There are several important lesson
learned from the Regions’ efforts:• there is a high demand for advoca-cy and arbitrator training;
• co-sponsorship with other organiza-tions, particularly the AmericanArbitration Association, FMCS ,and LERA, allows the training to beoffered to a wider audience, toenhance our cooperative relation-ships with these organizations. It ismutually beneficial, e.g, FMCScredits the Regions’ efforts withincreasing its Symposium atten-dance to its highest levels in morethan 30 years; and,
• cooperation between Regions ingeographical proximity allows thetraining programs to pull resources,trainers, presenters, and attendeesfrom a wider area, enriching theprogram and enhancing the qualityof the instruction.
The Academy will continue toencourage educational programs in theRegions, and the Committee on RegionalEducation Resources (chaired by MargieBrogan) stands ready to assist Regions indeveloping and presenting these pro-grams.
(Next up, the Missouri Valley Regionwill host an advocacy training programthe day preceding the 2013 FEC in St.Louis.)
NAAVISIBILITY
REGIONS COMBINE FORADVOCACYANDARBITRATOR TRAINING
by Paula Knopf, Chair CPRG
As the fairly new Chair of theCPRG, I am amazed and delighted bythe variety of issues that we are askedto consider. Thankfully, they are notalways complaints. Ideally, they arequestions that are raised in an effort toprovide ethical and excellent service tothe labour relations community.
For example, a recent experience ofone the Committee members hasprompted us to begin to considerwhether there a duty to disclose thefact that we have given professionalreferences in support of people whoappear before us. This question alsorelates to our relationship with formerstudents.Although there was a consen-sus that there is a professional obliga-tion to assist in the enhancement of theprofession in general, it was felt that itmight be appropriate to draft anAdvisory Opinion to give guidance tothe membership on these relatedissues. Therefore, your CPRG is in theprocess of considering these issues fur-ther.
The Committee was recently askedto consider the question of Members’obligations when Thomson Reutersapproaches neutrals to publish arbitra-tion awards on the Westlaw database.Our Code contains very explicit direc-tives about the privacy of arbitration,although it also provides the processfor the Arbitrator to communicatedirectly with the parties to gain theirconsent for the publication of awards.Code, Section C.1.(c). However, theAAA has advised its panel that it is notappropriate to submit awards directlyoutside of the existing AAA process.These two “rules” would seem to be inconflict. However, the Part 3, A.2 ofour Code also requires an arbitrator toobserve policies and rules of an admin-istrative agency in cases referred bythat agency. Therefore, it was conclud-ed that the referring agencies’ rules
must be respected and followed withregard to the submission of awards todatabases in the circumstance ofagency referrals.
We have also received severalinquires about the options available toan arbitrator who is in the midst of along case and not having interimaccounts paid by one side, or is notbeing paid for outstanding work donefor a State agency where there is anongoing caseload. This puts the arbi-trator in a very difficult position, bothpractically and emotionally. It is veryhard to commit the hours of workrequired of a file when one knows orsuspects that payment may not beforthcoming. However, the Committeeconcluded that the members have aprofessional obligation to completecases that are pending, despite thehardships one might endure financial-ly. We also felt that there was no obli-gation to continue to receive furtherwork from that source and that onecould pursue all proper avenues torecover the fees that are owing.
We also considered the inquiry froma regional chair asking for advice
about how to respond to a request for aNAA Region to place an ad honoringthe Society of Labor and EmployeeRelations Professionals in its 40th
Anniversary Program Symposium.The Committee concluded that therewas no concern about the placement ofsuch an ad in these circumstances.These are all examples of CPRG
deliberations that are designed to avoidcomplaints and missteps. These areexactly the kinds of inquires that theCPRG encourages and is happy toreceive.
Unfortunately, we also continue toreceive complaints about late deci-sions. Therefore, PLEASE ensure thatyou issue your awards in a timely andresponsive manner. If you are encoun-tering problems, keep the partiesadvised and/or seek assistance fromcolleagues or Committee members.The Code and your professionalismdemand that you issue timely awards.As our Code says: “It is a basic profes-sional responsibility of an arbitrator toplan a work schedule so that presentand future commitments will be ful-filled in a timely manner.”
CPRG
MORE THAN JUST COMPLAINTS
MARK YOUR CALENDAR:2015 Annual Meeting
May 20 – 23, 2015
The Westin St. FrancisSan Francisco, CA
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LAURIE G. CAINSimsbury, CT
Laurie Cain has over 20 years ofexperience as a full-time arbitrator,mediator and fact-finder in both thepublic and private sectors conductinggrievance, interest and teacher termina-tion arbitrations. She is a formerDeputy Chair of the Connecticut StateBoard of Mediation and Arbitration.Laurie is currently an arbitrator for theAmerican Arbitration Association, the Federal Mediationand Conciliation Service, the American Dispute ResolutionCenter, Inc., the State Board of Mediation and Arbitration,the Social Security Administration andAmerican Federationof Government Employees, and a number of special arbitra-tion panels. She is also a member of the Teachers’Negotiations Act first and review panels. She is a formerarbitrator for the Connecticut Office of Labor Relations P2panel, the State of Connecticut Department of Corrections,and the State of Connecticut Employee Review Board.Laurie also conducts mediations for teacher contracts pur-suant to the Teachers’ Negotiations Act.
Prior to becoming an arbitrator, Laurie worked in the LawDepartment in The Travelers’ Insurance Company’s legaldepartment and served under the Honorable Anthony Grilloas a law clerk on the Connecticut Supreme Court.
She received her B.S. in Education from the University ofConnecticut and a J.D. from Northeastern University Schoolof Law.
Laurie resides in Simsbury, CT with her husband KenWeinstock, their four almost-grown children and one TeddyBear puppy named Billy Joel.
GEORGE L. FITZSIMMONSSt. Louis, MO
George is a lifelong resident of St.Louis, Missouri. Upon graduating fromSt. Louis University High School, heaccepted a full athletic scholarship toplay varsity basketball at BostonCollege. He was elected team Captainhis senior year which was the first yearBob Cousy of the Boston Celticscoached. Following graduation, GeorgeattendedWashington University Law School where he was amember of the Law Review, and was awarded his J.D. in
1967.After serving as a lieutenant in the United States Navy,George began private practice. Much of his work involvedlitigating labor and employment issues. Since 1999, Georgehas worked full-time as a labor arbitrator. He serves on anumber of permanent panels and has arbitrated disputes inmany different industries. George and Mary Lou have beenmarried for 45 years and have four children and seven grand-children. George’s grandfather was an attorney and aMissouri Supreme Court judge. George’s father was also anattorney and a longtime member of the NAA.
NANCY HUTTSan Francisco, CA
Nancy Hutt has been in the laborand employment field her entire career.In 1993, she opened her arbitration andmediation practice in San Francisco.Prior to becoming a full-time neutral,Nancy served as Council in the Officeof Labor Law for the United StatesPostal Service in both WashingtonD.C. and San Francisco.
Born in New Jersey and raised in North Carolina, Nancyreceived her B.A. in International Relations from the MaxwellSchool of Political Science at Syracuse University. Taking ayear off before attending North Carolina Central UniversityLaw School in 1976, Nancy assisted in drafting the NorthCarolina Guardian Ad Litem bill, while teaching economical-ly and socially disadvantaged children. Presently, Nancy vol-unteers her time working with teen groups on conflictresolution.
MARSHA C. KELLIHERAustin, TX
Marsha Kelliher will be the dean ofthe Sigmund Weis School of Businessat Susquehanna University as of thefall of 2013. She was previously thedean of Management and Business atSt. Edward’s University. Under herleadership, the School served approxi-mately 1,000 undergraduate businessstudents and approximately 500 work-ing professionals through a traditionalundergraduate BBA program, a BBA
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program for working adults, and eight graduate programs.
Marsha earned her J.D. from South Texas College ofLaw and she graduated cum laude from the University ofSan Diego with an LL.M. in Labor and Employment Law.Her Bachelor’s degree is in Personnel Management with aconcentration in Labor Relations from Indiana University.She has practiced law in both Texas and California.
Marsha received a Peacemaker Award from the AustinDispute Resolution Center in 2011. She was named as oneof a “Women of Influence” by the Austin Business Journalin 2011 and was nominated for an Austin Business JournalProfile in Power Award in 2004. She is a 2004 LeadershipTexas graduate. In fall of 2002, she was named theYWCAWoman of the Year in Education and inducted to the BenDavis High School Wall of Fame.
CAROL F. LASKINCherry Hill, NJ
Carol F. Laskin is an arbitratorand mediator in labor, employmentand commercial matters. Carolreceived her B.A., with HighDistinction, from the PennsylvaniaState University, and her J.D. fromTemple University School of Law.She began her career at thePhiladelphia Region of the NationalLabor Relations Board. After pursu-ing private practice as a litigator, she was appointed anAdministrative Law Judge with the State of New Jersey.She commenced her neutral practice in 1998.
Carol has been active in numerous professional organi-zations. She is a member of the Bar in New Jersey andPennsylvania. From 1993 to 2004, Carol was aCommissioner Member on the New Jersey EqualEmployment Opportunity Advisory Commission.
She is a Past Chair of the New Jersey State BarAssociation Dispute Resolution Section. As Chair, sheserved on New Jersey Supreme Court ComplementaryDispute Resolution Committee, assisting in the initiation ofthe Civil Roster Mediation Program. Carol contributed as aMediation Mentor and continues to participate in continu-ing legal education programs.
Presently, Carol is a member of the ExecutiveCommittee of the Labor and Employment Law Section ofthe New Jersey Bar. She is also active in the Labor andEmployment Relations Association, presently serving asSecretary to the Philadelphia Chapter.
JONATHAN S. MONATLong Beach, CA
Jon Monat is an arbitrator and factfinder based in Long Beach and Seattle.He graduated from UCLA with aBachelor’s Degree in Business. AtUCLA, he enrolled in Paul Prasow’s HRclass where he discovered his passion forarbitration. He completed a doctorate inIndustrial Relations at the University ofMinnesota. Jon began arbitrating in thePacific Northwest in 1974. He is engaged full-time in arbitrationand dispute resolution in private, public, and federal sectors.Now professor emeritus, Jon taught collective bargaining, arbi-tration, dispute resolution and compensation at CSU Long Beachfrom 1978. As an academic, Jon maintained research interests inarbitration, workplace violence, employment, and discriminationlaw. He is a past president of Orange County LERA.
Jon is married to Evelyn who is an Adjunct AssistantProfessor in the MAT TOESSL Master’s program at theUniversity of Southern California. His father was a LaborCommissioner for the State of California and his grandfatherwas a founding director of Amalgamated Clothing WorkersLocal No. 1 in NewYork. Personal interests include golf, pho-tography, flying and travel. He is an avid ice hockey fan.
JOSEPH L. RANDAZZOAlden, NY
Joe Randazzo is a graduate of NiagaraUniversity and received his Law andMaster of Laws degrees fromGeorgetown University. He commencedhis labor and employment law career in1964, serving with the National LaborRelations Board for seven years. Thiswas followed by a thirty-year career in theprivate practice of management side laborand employment law, as a Partner withthe law firm Flaherty, Cohen, Grande, Randazzo & Doren P.C.,which became the Flaherty Cohen Office of Bond, Schoeneck &King PLLC in 1997. In 1998, Joe was selected as the Citizenof the Year honoree of the Western New York IndustrialRelations Research Association. He is a Fellow of the Collegeof Labor and Employment Lawyers, and was recognized in thepublication Best Lawyers in America in his field of labor andemployment law from the inception of such publication until hisretirement from the private practice of law in 2001. Joe has beena full-time labor arbitrator and mediator since 2001, is anAdjunct Faculty member of the Cornell University School ofIndustrial and Labor Relations, and serves as an Acting VillageJustice. Joe and his wife, Idamarie, have six children, three ofwhom are attorneys.
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REMEMBERING...
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REMEMBERING JONATHAN DWORKINby Dennis Minni
The inherent difficulty in marking the passing of a colleague arbitrator becomes more acute when that person is also a long-term valued friend. Jonathan Dworkin, Esq. was a contributor to the legal profession, the process of labor-management griev-ance arbitration, and to the NAA.
Born and raised in Northeast Ohio, Jonathan was frequently sought out by seminar and training program developers through-out the greater Cleveland area and eventually the entire Midwest. He was astute, yet affable, and took great satisfaction in lend-ing a hand to newer neutrals as they embarked on the same career path he held dear but which also offered few guarantees ofsustained acceptability. Jonathan often related how important it was for arbitrators to not become overly concerned with howthey wrote or reasoned. Instead, he felt we should seek to perform in ways which make sense to the parties in light of CBAdictates and fairness to grievants, witnesses, and managers alike.
He was at least partially driven in his determination to not be viewed on a predetermined basis by those who appoint arbi-trators because he was the son of a notable Academy member, the late Harry Dworkin. More than once I heard Jonathan tell aquestioning advocate, “If you wanted an identical decision to my Dad’s, you should have chosen him, not me!”
Eventually Jonathan became better known for his respect for the process of arbitration and thus, his own “style,” not becausehe could be profiled as to his viewpoint on the various issues we typically are charged with deciding. I recall him patiently wait-ing in his seat on the dais at a seminar while an advocate, in a serpentine-like manner, attempted to back Jonathan into a cor-ner as to how he would decide her wordy just cause fact pattern-like “question.” Though I knew he was rankled at her elabo-rate cross examination, Jonathan brought the house down when he offered, “Look, I get paid for making these determinations;why should I tell you for free?”
Was he an iconoclast? Perhaps at times, but never so full of himself that he wouldn’t answer questions from or give mean-ingful advice to a number of us who were recently-minted neutrals. Over the years, it became apparent that the “real” meeting,be itAAA, FMCS, IRRA, PSLRA or OH-KY Region, etc., took place in the hotel’s lounge with Jonathan regaling us with bothprofessional and personal stories. When the late Charlie Ipavec, Jonathan, and I discovered that we had all been associates atthe same law firm (albeit at different times), we often toasted our great fortune in having become arbitrators andAcademymem-bers in spite of having spent time with said firm’s controversial senior partner.
In recent years health concerns caused him to relocate to Arizona but we kept in touch (especially when he wanted adviceon car purchasing) as he wound down his practice but not his genuine interest in where the profession was heading. I know hisdaughters and grandchildren will miss his generous nature and loving concern. He was the closest thing to a mentor I have hadand I feel fortunate to have been the recipient of his sagacious counsel for so many years. Although I never was able to accepthis standing offer to visit him in Scottsdale, I feel lucky to have had a continuing friendship with such an outstanding arbiterand person.
REMEMBERING FRANK ELKOURIby Philip Tamoush
A MEMORABLE GIANT IN ARBITRATION PASSES AWAY. Frank Elkouri, a memorable “giant,” whose name is ahousehold word in labor arbitration, passed away on January 18, 2013. Born in Byron, Oklahoma, on September 3, 1921, Frankwas an Oklahoman through and through. He taught for 33 years at the Oklahoma University Law School. “He was a specialand dear friend to the Law school faculty and students,” said the Dean of the Law School. He authoredHow ArbitrationWorks,which first came to light as Elkouri’s doctoral thesis at the University of Michigan. Later, Edna joined Frank in editing the book.
Frank was a nationally-recognized authority on arbitration – a form of alternative dispute resolution– as well as an activearbitrator. His book,How ArbitrationWorks, is now in its seventh edition. Published by the Bureau of NationalAffairs, it is stillregarded as the authoritative treatise on the law and practice of labor arbitration, although Frank and Edna turned over the updat-ing of the latest editions to other arbitrator-authors and labor advocates.
Frank continued to contribute to the Law School even after his retirement in 1985. In 2011, Edna and he gave a gift of $6Million to the OU College of Law, the largest one-time contribution in its history. According to the University, “…the gift notonly provided opportunities to law students, but because of the spirit in which it was given, it truly was a gift from the heart.”
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As I got to know the Elkouris over the past five years, since learning of our common religious and ethnic heritage, I hadthe opportunity to visit them and learned especially of Frank’s passion for the history of the United States ofAmerica. He hadhoped during his retirement to publish a complete history of the nation, including appropriate recorded music pieces for eachsegment. (Frank was an accomplished clarinetist in his prime years.) However, time and age caught up with him, and Ednaand he were only able to produce one volume. This book came out in 2008, and is an 845 page tome simply titled, Stories ofthe American Civil War. The book is divided into 240+ short ‘Segments,’which makes for fascinating and easy reading of thedetail of battles, personalities, spanning the whole War.
In addition to their scholarly works, Frank and Edna were active members and founders of a small Orthodox Christianparish of the Ascension in Norman, Oklahoma, where they taught and lived for so many years. They provided endowmentsto the Orthodox Seminary of St. Vladimir in NewYork, where the majority of Orthodox seminarians receive their theologi-cal and pastoral education. Of course, Frank was a long-time member and member emeritus of the National Academy ofArbitrators.
-Segments are extracted from a formal piece published in the Oklahoma Daily.
REMEMBERING RICHARD GRANT HIGGINSby James Cooper, with help of others!
“Tall, strong and handsome;” these were the words to describe the dashingWest Point graduate Dick Higgins as an artilleryofficer in the United States Army. He looked dashing in his uniform and was honored to serve his country. Dick died at theall-too-early age of 71 on May 4, 2013, at his home in Londonderry, New Hampshire. He was surrounded by his immedi-ate family, including his wife of thirty years, Debra, and his two daughters and his two sons.
Dick was an Airborne Ranger and an artillery officer. He served in combat in Vietnam and received the Bronze Star forbravery. After mustering out of the service as a Captain, Dick earned an M.B.A. at the rigorous Harvard Business School.Dick put his solid intellect and good judgment to use as a mediator and arbitrator between labor and management, serving onhundreds and perhaps thousands of cases over a thirty-year career. His awards were written in a crisp military style, and healways showed great respect for the parties.
Dick grew up in Melrose, Massachusetts, and was a star athlete at the hockey powerhouse known as Malden Catholic. Hewas captain of that school’s hockey team in 1958-59. Dick went on to lead theWest Point hockey team as its captain in 1962-63. Dick learned the arbitration business from his father, the late John “Jack” Higgins, an arbitrator par excellence whoseability to tell stories was legendary. Only to bring this remembrance full circle, Dick’s older brother, John, was a long timeNLRB General Counsel/Board Member/plus too many other positions to name. Dick’s son, Paul, is now a full-time arbitra-tor in Boston.
REMEMBERING TED JONESby Chris Knowlton
The Academy lost a teacher, mentor, colleague, and friend when Edgar Allan “Ted” Jones, Jr. passed away on May 10,2013. Ted was born on January 8, 1921, and grew up in Asbury Park, New Jersey. After graduation fromAsbury Park HighSchool, Ted attendedWesleyan College, where he was editor-in-chief of TheWesleyan Argus. He served as a First Lieutenantin the U.S. Marines Corps during World War II and then married his childhood sweetheart, Helen Callaghan, with whom heshared 68 years of marriage, 11 children, 34 grandchildren, and 5 great grandchildren.
At the University of Virginia Law School, Ted met NAA Founder Charles O. Gregory, who taught him about the life andwork of a professor/labor arbitrator. Following in Gregory’s footsteps, Ted obtained a faculty position at UCLA Law Schoolin 1951 and taught torts, labor law, and labor arbitration. He began hearing cases in 1953, and was admitted to the Academyin 1960. When he retired at 91, Ted had issued over 1200 awards and pioneered the retention of jurisdiction over the imple-mentation of the award, the use of class actions, the naming of the grievant as a party, and the joinder of competing unions injurisdictional cases. Ted served as the NAA’s President in 1981 and was the founding editor of The Chronicle.
Ted had a third career between 1958 and 1964, when he played the role of Judge Jones in over 2,000 network productionsof ABC-TV’s Day in Court, Traffic Court, and Accused. Day in Court was initially the highest rated live television show andthen the number one daytime program for six years with a weekly audience of 20 million viewers. Later, Ted published twonovels based loosely on his own colorful life story,Mr. Arbitrator and Break a Leg, Professor.
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Ted delighted those who knew him with his witty story telling. A favorite tale involved the witness who stayed at the hear-ing until the bitter end and then approached him to find out when she would be “unsworn” so she could go home to her hus-band. Ted asked her to her raise her right hand and “unswore” her.
Ted epitomized theAcademy’s ideals of integrity and collegiality. He lived life with zest, bringing a keen mind and an openheart to his many endeavors. He will be remembered for his warmth and compassion.
REMEMBERINGWILLIAM L. RICHARDby Phil LaPorte and Don Crane
William Loyal Richard, age 76, died at his home in Fort Myers, Florida onApril 17, 2013, after a long struggle with COPD(Chronic Obstructive Pulmonary Disease).
Bill graduated from the Ohio State University, taught English, became a Personnel Director and attended Law School at nightto earn his J.D. He had a successful law career with the firm of Hartshaw, Thomas and Richard. He spent the past twenty yearsin his arbitration practice. Bill became Chancellor of Delta Theta Phi law fraternity.
Bill wanted no service, no celebration, no memorial. He only wanted his Academy friends to raise a cup to toast his mem-ory and we shall do that.
We had dinner with Bill during the Las VegasAnnual Meeting several years ago. Jack Clarke, Phil, and Don last saw Bill atthe SE Regional Meeting in Orlando in 2012. We discussed a number of cases and sometimes found ourselves reaching differ-ent conclusions. Bill would remind us that “good people can disagree without being disagreeable.”And he found that we (Don,Phil and Jack) were not disagreeable people, so we kept the conversation going.
I (Don Crane) spoke to Bill frequently during the last years of his life. He suffered with COPD and he knew that he didn’thave long to live. He did not have many “good” days in those years. But he inspired me and he was a source of encouragement.I knew Bill as a man of honor, a consummate gentleman and a brilliant lawyer. He was a friend and I shall miss him.
REMEMBERING JOHNM. STOCHAJby Stephen J. Rosen
John M. Stochaj, a longtime member of the Academy, passed away on March 25, 2013, at 83 years of age.
In addition to his long and distinguished career as an arbitrator, John was a professor of industrial relations at the New JerseyInstitute of Technology for 38 years. He earned a B.A. from Boston University and a Ph.D. from NewYork University. He hadalso been a faculty member at the Rutgers University Institute of Labor Management union leadership academy. Throughouthis career, John had a strong commitment to a number of social causes including a concern for workers’ rights.
Professor Stochaj’s career as a neutral included service as a fact-finder and interest arbitrator for the New Jersey PublicEmployment Commission. He was one of the first interest arbitrators selected by PERC.
John found great satisfaction training dogs for the Seeing Eye organization and serving as a club co-leader. He could oftenbe seen walking pups in Berkeley Heights, New Jersey, an activity that resulted in many friendships.
John and his wife, Ricki, were married for 57 years. He leaves behind a son, Steven, of Los Cruces, N.M. and his daugh-ter, Loreli Stochaj, of New Providence, New Jersey, and his dog, Guy.
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REMEMBERING...TED JONES (Continued from Page 17)
IN MEMORIAMIt was recently learned that the following Members have passed away:
George V. Eyraud, Jr.NAA Member since 1991
Milo G. FlatenNAA Member since 1980
A Remembrance will appear in a future Chronicle.
National Academy of Arbitrators2013 – 2014 COMMITTEE CHAIRS & COORDINATORS
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2013 FALL EDUCATION HOST COMMITTEESt. Louis
Edward Harrick, Chair
FALL EDUCATION PROGRAM COMMITTEEBrian Clauss, Chair
2014 ANNUAL MEETING HOST COMMITTEE - ChicagoSteven M. Bierig, Chair
2014 ANNUAL MEETING PROGRAM COMMITTEEKathleen Miller, Chair
ANNUAL PROCEEDINGS EDITORMatthew M. Franckiewicz, Editor
ARCHIVISTHoward G. Foster
AUDITING COMMITTEERichard Adelman, Chair
CHRONICLEKathryn A. VanDagens, Managing Editor
COMMITTEE TO DRAFT A CODE OFPROFESSIONAL RESPONSIBILITYFOR EMPLOYMENT ARBITRATORS
Theodore J. St. Antoine, Chair
COMMITTEE ON PROFESSIONALRESPONSIBILITY AND GRIEVANCES
Paula Knopf, Chair
COMMITTEE ON STATUTORY DISPUTESIN ARBITRATION
Richard D. Fincher, Chair
COORDINATOR OF CLEFredric R. Dichter, Coordinator
COORDINATOR OF LEGAL AFFAIRSStephen F. Befort, Coordinator
COORDINATOR OF LEGAL REPRESENTATIONLuella E. Nelson, Coordinator
DESIGNATING AGENCY LIAISONCOORDINATOR
Joan Parker, Coordinator
HONORARY LIFE MEMBERSHIPSJohn Kagel, Chair
INTERNATIONAL STUDIES COMMITTEERichard N. Block, Chair
MEMBERSHIP COMMITTEESusan R. Meredith, Chair
NEW MEMBER ORIENTATION COMMITTEEJeffrey B. Tener, Chair
NOMINATING COMMITTEEGeorge R. Fleischli, Chair
PARLIAMENTARIANRobert Gary Bailey
PROFESSIONAL ORGANIZATIONLIASON COMMITTEEDaniel F. Brent, Chair
PUBLIC EMPLOYMENT DISPUTESSETTLEMENT COMMITTEE
Charles W. Kohler, Chair
REGIONAL ACTIVITIES,NATIONAL COORDINATORMargaret R. Brogan, Coordinator
REGIONAL EDUCATION CONFERENCERESOURCES SUB COMMITTEE
Margaret R. Brogan, Chair
TECHNOLOGY COORDINATORJames B. Dworkin, Coordinator
TRIBUNAL APPEALS COMMITTEEGeorge R. Fleischli, Chair
VISIBILITY COMMITTEERandi E. Lowitt, Chair
by Jim Oldham
It is a pleasure and an honor to takecharge of the gavel as president of thissplendid organization. A first item ofbusiness is to thank Sara Adler, theBoard of Governors, and of course,Dave Petersen, for the easy transitionand for maintaining the very soundfinancial and operational health of theAcademy. We are also indebted to DanNielsen and Sylvia Skratek for theirsuperb work as, respectively, ProgramChair and Host Committee Chair for theVancouver meeting.
And who could not treasureVancouver? The city was a wonderfulvenue for our gathering, as was the ele-gant Fairmont with its amazinglyaccommodating staff, fine meetingrooms, and cuisine. I must confess,however, that perhaps I should haveread more closely the description of theGrouse Grind before blithely trippingup the 2.9-kilometer virtually verticaltrail – that climb was hard! After blot-ting out the most dispiriting moment(the sign that said “you are halfwaythere” – only halfway??), conversationlargely stopped and we soldiered on.Special thanks to our trailblazing leader,Peter Sziklai, and personally to MartyMalin for his ample water supply.Better than the water, though, was thebeer at the top!
But back to Academy business: Ourorganization depends on the countlessvoluntary hours generously donated bythe chairs and members of our morethan two dozen committees and coordi-nators. One surprise that awaits everypresident-elect is the realization thatcommittee assignments have to be sort-ed out long before his or her presidentialyear begins. To put it mildly, this can bea challenging jigsaw puzzle, but withinvaluable help from incumbent andpast presidents – and, of course, Dave
Petersen – it falls into place. The mostimmediate need is to designate andlaunch the Program Committees and theHost Committees for the oncomingyear’s FEC and annual meeting. In mycase, the program for the St. Louis FECis set and already in members’ hands. Iam indebted to Program Chair, BrianClauss, and to Host Committee Chair,Ed Harrick, and their committee mem-bers for their swift and capable planningand preparation.
Our attention will then shift to theMay 21-24, 2014, meeting at theFairmont, Millennium Park in Chicago.With KathyMiller as chair, the ProgramCommittee is well along in planningand plotting both plenary and concur-rent sessions. Creative local arrange-ments are also being developed by HostCommittee chair, Steve Bierig, and hisvery active committee members. LikeVancouver, Chicago is a wonderful con-vention venue, and we hope to have anenthusiastic crowd of members, advo-cates, and guests in attendance.
In the meanwhile, “Meet us in St.Louis” in October!
See the insert in this edition of The Chronicle for details
and pictures from the Vancouver Meeting
James OldhamIn June 2013, James Oldham assumedoffice for a one-year term as President ofthe NAA. Jim is the St. Thomas MoreProfessor of Law and Legal History atGeorgetown University Law Center inWashington, D.C. He teaches seminars atthe Law Center on English legal historyand on the history of the jury. He alsoteaches Contracts and Labor Arbitration.In practice before coming to Georgetown,he specialized in labor law with theDenver firm of Sherman and Howard, andnow serves as a Labor Arbitrator on anumber of permanent panels. From 2004-07 he was the grievance arbitrator for theNational Hockey League and the NHLPlayers’ Association; he also acts as asalary arbitrator for Major LeagueBaseball and as a member of an AppealsPanel for the National Football Leagueand the NFL Players’ Association.
In addition to these duties, Jim spends con-siderable time in London doing manuscriptresearch in English legal history. Hismajor work is The Mansfield Manuscriptsand the Growth of English Law in theEighteenth Century, two volumes, pub-lished by the University of North CarolinaPress for the American Society for LegalHistory. An updated one-volume abridge-ment of this work was published by UNCPress in 2004. In 2006, another book byProfessor Oldham, Trial by Jury: TheSeventh Amendment and Anglo-AmericanSpecial Juries, was published by NewYork University Press. His book, Case-Notes of Sir Soulden Lawrence 1787-1800, is pending publication as the mainseries volume for 2011 for the SeldenSociety, London.
