AMERICAN BAR ASSOCIATION SECTION OF LABOR AND EMPLOYMENT LAW ADR IN LABOR AND EMPLOYMENT LAW MIDWINTER MEETING NAPLES, FLORIDA FEBRUARY 11-14, 2007

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1 Saturday, February 10 AMERICAN BAR ASSOCIATION SECTION OF LABOR AND EMPLOYMENT LAW ADR IN LABOR AND EMPLOYMENT LAW MIDWINTER MEETING NAPLES, FLORIDA FEBRUARY 11-14, 2007 Program Agenda 6:00-7:00 p.m. Co-Chairs' ~ Welcome Reception for Early Arrivals Sunday, February 11 The co-chairs of the Committee invite you and your guest to an informal early arrivals gathering at the resort before you explore the great restaurants of Naples on your own for Saturday evening dinner. Join us to meet up with friends, new attendees and their guests. 6:00 6:30 p.m. First-Time Attendees & Guests ~ Welcome Reception We invite all first time attendees and guests to meet our Section officers and Council liaisons, the Committee's 2007 Scholar-in-Residence, our government fellows and the Committee Co-Chairs and their guests before the Committee welcome reception begins. 6:30 8:00 p.m. Welcome Reception for Committee Members & Guests Monday, February 12 Please join all members of the Committee, Section officers, Council liaisons, our 2007 Scholar-in-Residence, government fellows and other invited guests for a cocktail reception as we kick off the start of the 31st Midwinter Meeting of our Committee in sunny Naples, Florida. 7:00 8:00 A.M. Continental Breakfast/Registration 8:00 8:30 A.M. Introductory Remarks Patricia Costello Slovak, Section Chair, Chicago, Illinois Bruce S. Feldacker, Union & Employee Co-Chair, St. Louis, Missouri Randolph H. Freking, Employee Co-Chair, Cincinnati, Ohio Mark L. Irvings, Neutral Co-Chair, Brookline, Massachusetts Patrick M. Sanders, Employer Co-Chair, St. Louis, Missouri

2 8:30 9:30 A.M. Key Note Presentation by 2007 Scholar-in-Residence: Emerging Issues in ADR Introduction: Bruce S. Feldacker, St. Louis, Missouri Union & Employee Co-Chair Speaker: Merrick T. Rossein, Professor of Law, The City University of New York School of Law (CUNY), Flushing, New York Our key note speaker is the 2007 ADR Committee's Scholar-in- Residence. Professor Rossein is a CUNY faculty member and a key player in the school's Worker, Employment & Labor Program. Rick has an extensive background in civil rights and employment law including the National Employment Law Project, Queens Legal Services and the NY Commission on Human Rights. He has litigated landmark sexual harassment cases, drafted legislation and published the three volume treatise Employment Discrimination Law & Litigation. Rick will provide us his perspective on the emerging issues impacting ADR in :00 10:30 a.m. Spouse/Guest Breakfast 9:30 10:30 A.M. Current Immigration Law Issues Impacting the Resolution of Labor & Employment Law Disputes 10:30 10:45 Break Introduction: Randolph H. Freking, Cincinnati, Ohio Employee Co-Chair Speaker: Ira Kurzban, Kurzban, Kurzban, Weinger & Tetzeli, Miami, Florida Employee Our second guest speaker has litigated over 50 federal court cases involving the rights of aliens. Mr. Kurzban is a past-past-national President and former General Counsel of the American Immigration Lawyers Association. He has been named as one of the top twenty immigration lawyers in the United States and has been listed for more than a decade in the Best Lawyers in America for his work in immigration and employment law. He will review the basics of immigration law and will discuss current immigration law topics that impact the employment relationship and often create troublesome legal issues that challenge employee & employer advocates, neutrals and unions.

3 10:45 11:45 A.M. Current Developments in Discharge Issues in Labor and Employment Law Arbitration Speaker: Ken May, Bureau of National Affairs, Washington, D.C. Panel Moderator: Bruce S. Feldacker, St. Louis, Missouri Union & Employee Co-Chair James S. Rosenfeld, Butzel Long, Detroit, Michigan Employer Michelle Sullivan, Allotta Farley & Widman, Toledo, Ohio Union Employee Not Confirmed at this Time 11:45 12:45 P.M. Class Action Issues in Arbitration and Mediation Speaker and Panel Member: Mark L. Irvings, Brookline, Massachusetts Neutral Co-Chair Speaker: Jay Waks, Kaye Scholer, New York, New York Employer Our third guest speaker has represented major US, Canadian, Latin American, Asian and European companies in a broad range of employment and labor law litigations, arbitrations and compliance matters. Mr. Waks concentrates on complex employment rights, discrimination, benefits, FLSA and whistleblower retaliation litigation, including defense of collective or representative actions. Reflecting the breadth of his experience in employment law litigation and counseling, Jay lectures regularly on a wide range of labor and employment subjects for national CLE programs sponsored by American Bar Association, ALI-ABA, Law Education Institute/ABA Section on Labor & Employment, American Arbitration Association and BNA Books among others. His recent topics have included class actions and complex employment litigation, employment ADR, whistleblower retaliation, sexual harassment, age and other discrimination litigation and the use of statistics and statistical experts in complex employment cases. The Law Journal's Annual General Counsel Conference has featured Jay as its opening speaker on cutting-edge employment litigation and class action developments. Mr Waks has also served as arbitrator for the American Arbitration Association and is a member of the mediation/arbitration employment disputes panel of the CPR Institute for Dispute Resolution and has been engaged privately to mediate and arbitrate class/collective actions and other complex employment cases.

4 Speaker: Robert Childs, Wiggins Childs Quinn, Birmingham, Alabama Employee Our fourth guest speaker specializes in litigation of labor and employment law issues and is a fellow of the College of Labor and Employment Lawyers and has served as the chairperson of the Credentials Committee for the Eleventh Circuit Court of Appeals. Mr. Childs is a member of the American Bar Association, Alabama and Birmingham Bar Associations, National Employment Lawyers Association and Alabama Defense Lawyer's Association. Robert's experience includes numerous multi-million dollar, complex class action discrimination cases including; Kircus v. Winn Dixie, Williams v. CSX Transportation, Inc., and Moore v. Norfolk Southern Corporation. He is a frequent speaker and panelist for state, regional and national CLE presentations on complex and class action litigation issues. Robert will review and comment on the challenging practical & legal issues encountered by advocates representing employee-plaintiff's in the mediation and/or arbitration of class action labor & employment claims. 7:00 9:30 P.M. Committee Reception and Dinner Tuesday, February 13 7:00 8:00 A.M. Continental Breakfast 8:00 9:00 A.M. Fair Labor Standards Act Issues That Impact the Analysis and Resolution of Labor & Employment Law Claims Introduction: Patrick M. Sanders, St. Louis, Missouri Employer Co-Chair Speaker: Ellen Kearns, Foley & Lardner, Boston, Massachusetts Our final guest speaker is a member of the ABA Labor and Employment Law Council, past co-chair of the ABA Federal Labor Standards Committee and immediate past president of the National Conference of Women's Bar Associations. Ms. Kearns is a national authority in the field of wage and hour law. She is the editor-in-chief of the BNA Treatise on the Fair Labor Standards Act, a senior editor of the annual supplements and a contributing editor to the new BNA state-by-state survey of wage and hour laws. Ellen will review the basics of FLSA law and regulations and discuss with our Committee current USDOL enforcement efforts that can create significant legal issues for neutrals and the advocates that practice before them.

5 9:00 10:00 A.M Circuit Court Update: Labor & Employment Arbitration Cases Speaker: Kevin M. McCarthy, McCarthy Smith Law Group, Kalamazoo, Michigan Employer 10:00 10:15 A.M. Break Joseph Garrison, Garrison Levin-Epstein, New Haven, Connecticut Employee Jon Rosen, The Rosen Law Firm, Seattle, Washington Union & Employee 10:15 11:15 A.M. Remedy Issues in Labor Arbitration Cases: Review of Emerging Trends in Last Chance Agreements, Returning Drug Users to the Workplace, Compensatory Damages as a Remedy and Cost Awards For Bad Faith Prosecution of Claims Panel Moderator: Patrick M. Sanders, St. Louis, Missouri Employer Co-Chair J. Kevin Hennesey, Vedder Price, Chicago, Illinois Employer Laurie Burgess, Katz, Friedman, Eagle, Eisenstein, Johnson and Bareck, Chicago, Illinois Union & Employee Susan Grody Ruben, Cleveland, Ohio Neutral 11:15 12:15 P.M. The Award of Attorneys Fees as a Remedy in Arbitration Speaker and Panel Moderator: Marjorie Gootnick, Rochester, New York Neutral 1:30-4:00 P.M. Tennis Event Randolph H. Freking, Freking & Betz, Cincinnati, Ohio Employee Co-Chair Gail Golman Holtzman, Constangy Brooks & Smith, LLC, Tampa, Florida Employer

6 Wednesday, February 14 7:00 8:00 A.M. Continental Breakfast 8:00 9:00 A.M. Committee Business Meeting 9:00 10:00 A.M. A View from the Inside Current Trends & 2007 Initiatives In FMCS & EEOC ADR Programs Speakers: 10:00 10:15 A.M. Break Shelley E. Kahn, U.S. Equal Employment Opportunity Commission, Washington, D.C. Jennifer Ortiz, Commissioner, Federal Mediation and Conciliation Service, Washington, D.C. 10:15 11:15 A.M. The Merging of Labor and Employment Law Arbitration Procedures, Cross-fertilization or Cross-Contamination Moderator: Sara Adler, Dispute Resolution Services, Los Angeles, California Neutral Fredric Dichter, Milwaukee, Wisconsin Neutral Jon Rosen, The Rosen Law Firm, Seattle, Washington Union &Employee Patrick M. Sanders, St. Louis, Missouri Employer Co-Chair Employee TBA 11:15-12:15 P.M. The First Shall Be Last - Putting It All Together Our Scholar-in-Residence will conduct a wrap up session including a summary of the key issues discussed, a review of recent case law developments and his final thoughts on emerging issues in ADR. Speaker: Merrick T. Rossein, Professor of Law, The City University of New York School of Law (CUNY), Flushing, New York