AMERICAN BAR ASSOCIATION SECTION OF LABOR AND EMPLOYMENT LAW ADR IN LABOR AND EMPLOYMENT LAW COMMITTEE

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1 AMERICAN BAR ASSOCIATION SECTION OF LABOR AND EMPLOYMENT LAW ADR IN LABOR AND EMPLOYMENT LAW COMMITTEE MID-WINTER MEETING MARCH 16-19, 2003 WYNDHAM EL SAN JUAN HOTEL AND CASINO SAN JUAN, PUERTO RICO Committee Co-Chairs: William M. Earnest Joseph D. Garrison Jacquelin F. Drucker Jon H. Rosen Management Plaintiff Neutral Union Saturday, March 15, :00 to 8:00 p.m. Co-Chairs Reception for Early Arrivals (Banyan Tree) Sunday, March 16, :30 to 6:00 p.m. Reception for First-Time Attendees (Veranda) 6:00 to 7:30 p.m. Welcome Reception (Almond Tree) Monday, March 17, :00 to 8:00 a.m. Continental Breakfast (Foyer) 7:00 to 12:30 p.m. Registration (Foyer) 8:00 to 12:30 General Sessions (Tropicoro) 8:00 a.m. to 8:15 a.m. COMMITTEE HISTORIAN S REPORT Gene Ginsberg Garden City, New York

2 Monday, March 17, 2003, continued 8:15 a.m. to 8:45 a.m. A SURVEY OF 2002 SUPREME COURT AND CIRCUIT COURT DECISIONS INVOLVING LABOR AND EMPLOYMENT ARBITRATION Kevin M. McCarthy McCarthy Law Group, PLC Portage, Michigan Response by: Reginald Alleyne, Visiting Professor or Law Boston College Law School; Professor of Law Emeritus, University of California Law School, Los Angeles 8:45 a.m. to 10:00 a.m. EMPLOYMENT ARBITRATION UPDATE: ELEMENTS OF AN ENFORCEABLE CONDITION-OF- EMPLOYMENT ARBITRATION PLAN COURT AND AGENCY DEFERRAL TO EMPLOYMENT ARBITRATION Jay W. Waks Kaye Scholer LLP Responses by: Scotty M. Shively Cross Gunter Witherspoon & Galchus, P.C. Little Rock, Arkansas Kathryn E. Miller Miller & Steiert, P.C. Littleton, Colorado 10:00 a.m. to 10:15 a.m. Break 2

3 Monday, March 17, 2003, continued 10:15 a.m. to 10:45 a.m. AN IN-DEPTH LOOK AT FEE ISSUES IN EMPLOYMENT ARBITRATION Merrick T. Rossein, Professor of Law CUNY Law School 10:45 to 11:45 a.m. ARBITRATORS AS ENFORCERS OF DUE PROCESS AND STATUTORY RIGHTS UNDER COLLECTIVE BARGAINING AGREEMENTS: WHAT ARE THE APPROPRIATE STANDARDS? Edwin S. Hopson Wyatt, Tarrant & Combs, LLP Louisville, Kentucky Michael K. Lee Amberg, Firestone and Lee, P.C. Southfield, Michigan Susan T. Mackenzie 3

4 Monday, March 17, 2003, continued 11:45 a. m. to 12:30 p.m. ON BECOMING A NEUTRAL: PRACTICAL INSIGHTS INTO THE TRANSITION FROM ADVOCATE TO FULL-TIME NEUTRAL SUGGESTIONS FOR IMPROVING DIVERSITY WITHIN THE POOL OF NEUTRALS Moderator: Speakers: Margery Gootnick Rochester, New York Susan Grody Ruben Cleveland, Ohio Henry G. Stewart Bryant Pond, Maine Reginald M. Turner Clark Hill PLC Detroit, Michigan 6:00 p.m. Reception and Dinner (Banyan Tree & Olympic Pool) 4

5 Tuesday, March 18, :00 to 8:00 a.m. Continental Breakfast (Foyer) 7:00 to 12:30 p.m. Registration (Foyer) 8:00 to 12:30 p.m. General Sessions (Tropicoro) 8:00 a.m. to 8:30 a.m. A SOPHISTICATED JOURNEY DOWN THE LANE OF CONTRACT INTERPRETATION 8:30 a.m. to 10:00 a.m. George T. Roumell, Jr. Arbitrator Detroit, Michigan THE WRITTEN WORD IN EMPLOYMENT AND LABOR ARBITRATION: A CRITIQUE OF AWARDS AND BRIEFS Arnold M. Zack Boston, Massachusetts George Nicolau AWARDS CRITIQUED BY: Anthony T. Oliver Parker, Milliken, Clark, O Hara & Samuelian, P.C. Los Angeles, California Lynne Hicks Lynne Hicks, Attorney at Law Denver, Colorado Loretta T. Attardo Attardo & Miller Marblehead, Massachusetts 10:00 a.m. to 10:15 a.m.: Break 5

6 Tuesday, March 18, 2003, continued 10:15 a.m. to 11:15 a.m. The Written Word in Labor and Employment Arbitration, continued BRIEFS CRITIQUED BY: Alan A. Symonette Philadelphia, Pennsylvania Patricia T. Bittel Cleveland, Ohio 11:15 a.m. to 12:30 p.m. ARE WE FACING A CRISIS IN THE PUBLICATION OF ARBITRATION AWARDS? This interactive Committee discussion is intended to explore the status of publication of both labor and employment awards, to identify the needs of the profession, and to consider methods to improve fulfillment of those needs. Moderator: Jacquelin F. Drucker, Arbitrator Speakers: Kenneth May, Lead Editor Labor Arbitration Reports Bureau of National Affairs, Inc. Washington, D.C. Robert Meade, Senior Vice President American Arbitration Association Ronald Miller CCH Incorporated Riverwoods, Illinois 6

7 Wednesday, March 19, :00 to 8:00 a.m. Continental Breakfast (Ballroom Foyer) 7:00 to 12:00 p.m. Registration (Ballroom Foyer) 8:00 to 12:00 p.m. General Sessions (Ballroom A) 8:00 a.m. to 9:15 a.m. IMPASSE BREAKING STRATEGIES IN MEDIATION OF EMPLOYMENT LITIGATION: WHAT WORKS AND WHAT DOESN T WORK Moderator: Speakers: John E. Sands, Mediator and Arbitrator West Orange, New Jersey Elizabeth Guzmán-Rodríguez Conciliation and Mediation Bureau, Puerto Rico Department of Labor and Human Resources Hato Rey, Puerto Rico Miguel Simonet Sierra Lopez-Lay, Vizcarra & Simonet San Juan, Puerto Rico Radames (Rudy) A. Torruella McConnell, Valdes and Kelly San Juan, Puerto Rico 9:15 to 10:15 a.m. A CRITICAL EXAMINATION OF COURT-ANNEXED AND AGENCY- BASED MEDIATION OF EMPLOYMENT DISPUTES Marc L. Silverman Sidley Austin Brown & Wood LLP Michael Z. Green, Professor of Law Florida Coastal School of Law Jacksonville, Florida Julie C. Bretz, Supervising ADR Attorney U.S. Equal Opportunity Commission Milwaukee, Wisconsin 7

8 Wednesday, March 19, 2003, continued 10:15 a.m. to 10:30 a.m. Break 10:30 a.m. to 11:30 a.m. ETHICS: EMERGING AND EXPLODING ISSUES IN ADR ADR and the Unauthorized Practice of Law: Should you take a toothbrush when you cross state lines? Arbitral and Agency Disclosures in Employment Arbitration: What is happening in California? Is it coming soon to a theatre near you? Advertising and Solicitation by Labor Arbitrators: A saga of the NAA, the FTC, and amendments to The Code of Professional Responsibility for Arbitrators of Labor-Management Disputes Mark L. Irvings Brookline, Massachusetts Joseph D. Garrison Garrison Levin-Epstein Chimes and Richardson, P.C. New Haven, Connecticut Sara Adler Los Angeles, California 11:30 a.m. to 12:00 p.m. Committee Business Meeting 12:00 p.m. Adjourn 8

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