NAA Program Agenda for 2015 Annual Meeting

National Academy of Arbitrators
2015 Annual Meeting
May 20 - 23, 2015
San Francisco, CA
“Arbitration 2015: Privacy,
Transparency, Legitimacy”
The Westin St. Francis
335 Powell Street
San Francisco, CA 94102
Non-Member Program as of May 1, 2015
THE HOTEL
The Westin St. Francis is located at 335 Powell Street, San Francisco, CA
94102. The Academy’s block of guest rooms at a special conference rate of
$199 (U.S.) for a standard single/double room is limited; rooms in our block
will be available until April 13, 2015, or until our block is sold out, whichever occurs first. Attendees will be eligible for the conference rate of $199
(U.S.) for a standard single/double room only as long as rooms in the Academy’s room block remain available. Room reservations may be made by calling
The Westin St. Francis at 415-397-7000. Please make certain that your reservation is assigned to the National Academy of Arbitrators’ room block. Contact the hotel directly for information on suites. Each room reservation must be
guaranteed by a first night’s deposit either by check or a credit card acceptable to
The West St. Francis.
MEETING REGISTRATION
Each registration includes one non-transferable registrant ticket for the following
events: Wednesday Wine and Cheese Reception, Thursday Luncheon, Friday
Luncheon, and Friday Dinner. Tickets are available at an additional cost for spouse/
companions/partners to attend all ticketed events. Spouse/Companions/Partners
tickets are transferable. Tickets will be collected for all meal events.
Please return the enclosed registration form or register on the NAA Website,
www.naarb.org at your earliest convenience.
REGISTRATION FEE SCHEDULE:
Registration Fees Paid or Postmarked after April 30, 2015:
Advocacy Training Program Only
$235
Annual Meeting Only
$750
Advocacy Training & Annual Meeting Combo
$939
Payment must accompany registration. Only those registrants whose full registration
fees have been received at the NAA Operations Center on or before April 30, 2015
will appear on the Participant List. No supplemental lists will be prepared.
Only cancellations received on or before April 30, 2015 will be guaranteed a
refund of the meeting fees and/or an abatement of unpaid costs, minus a $100
processing fee. Registrants who fail to attend will receive post-meeting invoices for
their outstanding balances. Please Note: The Academy accepts MasterCard, Visa
and Discover only – and all fees are payable in U.S. Funds.
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Tuesday, May 19, 2015
1:00 p.m. – 5:00 p.m........................................... NAA Registration Desk
1:30 p.m. – 5:00 p.m................................................. Board of Governors
1:30 p.m. – 5:00 p.m......................................... Membership Committee
1:30 p.m. – 5:00 p.m........................................................................ CPRG
Wednesday, May 20, 2015
8:00 a.m. – 5:00 p.m. .......................................... NAA Registration Desk
7:30 a.m. – 1:00 p.m. ...................................... New Member Orientation
8:30 a.m. – 5:00 p.m. ................................. Advocacy Training Program
8:30 a.m. – 5:00 p.m. ................................................ Board of Governors
8:30 a.m. – 5:00 p.m. ........................................ Membership Committee
8:30 a.m. – 5:00 p.m. ....................................................................... CPRG
1:00 p.m. – 2:30 p.m.......................................... New Member Luncheon
(Invitation Only)
6:30 p.m. – 7:30 p.m.......................................Wine & Cheese Reception
Thursday, May 21, 2015
8:00 a.m. – 5:00 p.m. .......................................... NAA Registration Desk
8:30 a.m. – 9:00 a.m. ................... Welcome and Introductory Remarks
Shyam Das, NAA
President
Ardmore, PA
Claude Dawson Ames, NAA
Chair
Host Committee
Oakland, CA
Laura J. Cooper, NAA
Chair
Program Committee
Minneapolis, MN
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Thursday, May 21, 2015 (Continued)
9:00 a.m. – 10:15 a.m. ................................................................... Plenary
Who’s in Charge: The NLRB’s Take on
Arbitration and Deferral
Is an arbitrator’s award truly final if it implicates an employee’s rights
under the National Labor Relations Act? In December 2014, in Babcock
& Wilcox Construction Co., a divided National Labor Relations Board
substantially changed its policy for deferral to arbitration awards. What
are the decision’s implications for arbitrators and advocates? Board
Member Philip Miscimarra will bring from Washington the latest news
on developments in the NLRB’s deferral doctrine.
Moderator:
Laura J. Cooper, NAA
Minneapolis, MN
Speaker:
Philip Miscimarra
Member, National Labor Relations Board
Washington, DC
10:30 a.m. – 11:45 a.m. ................................................................. Plenary
Workplace Drug Use: A New Generation of Issues
Changing laws regarding the legality of drugs and the beneficial use of
previously illegal drugs create new issues in labor relations that will need
to be addressed through arbitration and collective bargaining. Panelists
representing labor, management, and neutrals discuss these issues in a
free flowing forum.
Moderator:
Norman Brand, NAA
San Francisco, CA
Panelists:
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J. Rod Betts
Paul, Plevin, Sullivan
& Connaughton LLP
San Diego, CA
John E. Sands, NAA
Roseland, NJ
Joe Elford
Law Offices of Joseph D. Elford
San Francisco, CA
Fern Steiner
Smith Steiner Vanderpool
and Wax
San Diego, CA
Thursday, May 21, 2015 (Continued)
12:00 p.m. – 1:15 p.m........................................... Presidential Luncheon
Introduction:
Kathleen Miller, NAA
Ardmore, PA
Speaker:
Shyam Das, NAA President
Ardmore, PA
1:30 p.m. – 2:45 p.m.................................................. Concurrent Session
How Arbitrators and Advocates Can Understand and
Avoid Unconscious Bias and Stereotyping
As arbitrators we value our ability to make “unbiased” findings and, as
advocates, we need to evaluate both sides of the dispute. But if we ourselves are impacted by biases of which we are unaware, how can we be
sure that we are delivering on this? This session will educate arbitrators
and advocates about different types of bias and provide information on
studies that have shown the impact of bias on decision makers and others.
Moderator:
Marsha Cox Kelliher, NAA
Selinsgrove, PA
Speaker:
Amy Oppenheimer
Law Offices of Amy Oppenheimer
Berkeley, CA
1:30 p.m. – 2:45 p.m.................................................Concurrent Session
Understanding the Professional Practices and DecisionMaking of Employment Arbitrators: The Impact of
Institutional Environments and Workplace Context
This presentation updates our understanding of the current state of the
employment arbitrator profession, including such issues as the professional backgrounds, education and training of employment arbitrators,
characteristics of employment arbitrator caseloads, and the factors that
influence their decision-making processes. The research is being supported by the NAA Research and Education Fund.
Moderator:
Richard D. Fincher, NAA
Paradise Valley, AZ
Speaker:
Alexander James Colvin
Cornell University
Ithaca, NY
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Thursday, May 21, 2015 (Continued)
1:30 p.m. – 2:45 p.m.................................................Concurrent Session
Teacher Tenure and Dismissal in the Public Sector
This session will focus on recent legislative and judicial attempts to
weaken teacher tenure and the impact of those developments on arbitral
and other forums.
Particular attention will be given to the Vergara
decision finding California’s tenure statute unconstitutional and New
Jersey’s Teach NJ Act which establishes a new fast track process for
arbitration of teacher dismissal cases.
Moderator:
Stephen F. Befort, NAA
Minneapolis, MN
Panelists:
Ray Combs
Fagen Friedman & Fulfrost
Oakland, CA
Diana Reddy
California Teachers Association
Burlingame, CA
Walter De Treux, NAA
Philadelphia, PA
3:00 p.m. – 4:15 p.m.................................................. Concurrent Session
Service on Tripartite Boards of Arbitration: How
Discussions in Executive Session Can Trigger Questions
of Ethics, Practice, and Finality
In UTU (Kite) v. BNSF Railway Company, the Court of Appeals for the
Ninth Circuit addressed the effect of a Party Appointed Arbitrator telling
an Impartial Arbitrator in Executive Session that, if the Impartial Arbitrator did not change a proposed award, that arbitrator would never work
again in the industry. The panelists will discuss the case’s facts and
holding and the potential implications for Railway Labor Act tripartite
boards and those in other industries. The panel will explore questions of
arbitral ethics and recusal, challenges to arbitral awards, the potential for
manipulation of the arbitration process, and confidentiality of communications among tripartite board members.
Moderator:
Ira F. Jaffe, NAA
Potomac, MD
Panelists:
Stephen E. Crable, NAA
Washington, DC
Donald J. Munro
Jones Day
Washington, DC
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Carmen R. Parcelli
Guerrieri, Clayman, Bartos
& Parcelli, PC
Washington, DC
Thursday, May 21, 2015 (Continued)
3:00 p.m. – 4:15 p.m. ................................................. Concurrent Session
Smile, You’re on Candid Camera – Surveillance and
Police Misconduct Charges
The use of video recordings in police misconduct cases and reliance upon them as evidence has grown in recent years. Portable video cameras,
cell phone recorders, surveillance cameras on buildings, video cameras
on police car dashboards and body cameras worn by the police have
made monitoring of police incidents easier. What are the benefits of
having a recording available? What is the potential for abuse?
Moderator:
Sharon K. Imes, NAA
La Crosse, WI
Panelists:
Richard Bolanos
Liebert Cassidy Whitmore
San Francisco, CA
Michael L. Rains
Rains Lucia Stern, PC
Pleasant Hill, CA
3:00 p.m. – 4:15 p.m. ................................................. Concurrent Session
Invited Papers
Moderator:
Chris Sullivan, NAA
Roberts Creek, BC
Labour Arbitration: Achieving Timely and Effective Dispute
Resolution in a Radically Changed Environment
(Project supported by the NAA Research and Education Fund)
Speaker:
Kevin Banks
Queen’s University
Kingston, ON
Federal Arbitration Act Preemption of State Public-Policy-Based
Employment Arbitration Doctrine: An Autopsy and an Argument
for Federal Agency Oversight
Speaker:
Gary Spitko
Santa Clara University
Santa Clara, CA
Page 6
Thursday, May 21, 2015 (Continued)
3:00 p.m. – 4:15 p.m. .................................................Concurrent Session
Labor History Walking Tour of Union Square Area
Pre-registration Required-Capacity Limited to 30 Registrants
Learn about the labor history of the Union Square area adjacent to our
hotel. Why is it called “Union Square”? How did arbitration figure in
resolution of a labor dispute at our conference hotel, the Westin St. Francis? Visit the Palace Hotel to see its spectacular atrium and learn how
issues of race and labor have been intertwined throughout its history.
Tour Leader:
Catherine Powell, Labor Archives and Research Center
San Francisco, CA
4:30 p.m. – 5:30 p.m. ..................................... Committee Meetings TBA
Friday, May 22, 2015
8:00 a.m. – 5:00 p.m. .......................................... NAA Registration Desk
9:00 a.m. – 10:15 a.m. .................................................................. Plenary
Workers with Personality Disorders, their Workplaces,
and the Americans with Disabilities Act
When employees are disciplined or discharged for behavior linked to a
personality disorder, arbitrators must confront difficult questions of causation, just cause, and remedy. This session continues the lively and informative discussion commenced at the 2014 Chicago Annual Meeting
with a leading academic psychiatrist, a law professor/psychiatrist and an
arbitrator, now joined by an EEOC Commissioner who earlier played a
leading role in drafting the Americans with Disabilities Act. What do
advocates and arbitrators need to know about the interaction of just
cause, personality disorders, and the ADA?
Moderator:
James C. Oldham, NAA
Washington, DC
Panelists:
Greg Bloche
Georgetown University
Washington, DC
John M. Oldham, M.D.
Menninger Clinic
Houston, TX
Chai Feldblum
Commissioner
Equal Employment Opportunity Commission
Washington, DC
Page 7
Friday, May 22, 2015 (Continued)
10:30 a.m. – 11:45 a.m. ................................................................. Plenary
Making Credibility Determinations: The Latest Science
of Reading Emotions and Thoughts Across Cultures
Learn four science-based clues to identifying emotions, strained
thoughts, and stress. How can you use these clues to get past lies and
uncover truth? Understand which clues are universal and how others vary
by culture.
Moderator:
Anita Christine Knowlton, NAA
Berkeley, CA
Speaker:
Clark Freshman
University of California, Hastings College of Law
San Francisco, CA
12:00 p.m. – 1:15 p.m........................ Distinguished Speaker Luncheon
The Law of Arbitration Enforcement: Close Encounters
at the California Supreme Court
Introduction:
Barry Winograd, NAA
Oakland, CA
Speaker:
The Honorable Goodwin Liu, Associate Justice
California Supreme Court
San Francisco, CA
1:30 p.m. – 2:45 p.m.................................................. Concurrent Session
Collaboration and Compatibility in the Sky: What’s Different about the American Airlines-US Airways Merger?
Learn about the collaborative process that led to the American AirlinesUS Airways merger and their subsequent unique agreement for expedited
contract negotiation and interest arbitration.
Moderator:
Joyce M. Klein, NAA
Ocean Grove, NJ
Panelists:
Laura Glading
APFA
Euless, TX
Beth Holdren
American Airlines
Fort Worth, TX
Lucretia D. Guia
American Airlines
Fort Worth, TX
Neil Roghair
APA
Fort Worth, TX
Page 8
Friday, May 22, 2015 (Continued)
1:30 p.m. – 2:45 p.m.................................................. Concurrent Session
The Postal Industry: Arbitration Remains the Future
How will changes in postal service affect the future of the USPS and its
unions? The panel will examine all the trends, including the continuing
decline in mail volume, and their effect on arbitration.
Moderator:
Nancy Hutt, NAA
San Francisco, CA
Panelists:
Thomas J. Branch
NPMHU
Washington, DC
Michael R. Mlakar
USPS
Washington, DC
Joey Johnson
NRLCA
Alexandria, VA
Manuel L. Peralta
NALC
Washington, DC
Tony D. McKinnon
APWU
Washington, DC
1:30 p.m. – 2:45 p.m.................................................. Concurrent Session
Fit for Duty? Controllable Health Conditions and an
Employee’s Ability to Perform Safety Sensitive Work
Recently, questions have arisen about whether an employee with a controllable disease like sleep apnea or diabetes is qualified to work in a
safety sensitive position. May an employee be disqualified from work
simply because of a diagnosis even though the employee has not demonstrated any symptoms? May employees be required to pass certain tests
as a condition of continuing to work? Should the employer be required
to accommodate employees with these diseases even though the disease
does not impact performance? A panel of union and management advocates and a neutral will discuss these difficult questions involving safety
sensitive occupations.
Moderator:
M. David Vaughn, NAA
Clarksville, MD
Panelists:
Richard H. Rahm, Esq.
Littler Mendelson, P.C.
San Francisco, CA
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Paul Tyler, Esq.
Gromfine & Taylor, P.C.
Alexandria, VA
Friday, May 22, 2015 (Continued)
1:30 p.m. – 2:45 p.m.................................................. Concurrent Session
Don’t Click Until You Think: Remedies for
Social Media Ethical Violations
Attorneys must remember that ethics rules apply to online activities and
think about the potential consequences, even in arbitration. The panel
will explore arbitrator remedies for unethical discovery and other misuse
of social media by advocates, steps advocates can take to address an arbitrator’s or opposing party’s transgressions, and potential consequences
when arbitrator/advocate social media relationships appear to compromise the arbitrator’s impartiality.
Moderator:
Katherine J. Thomson, NAA
El Cerrito, CA
Panelists:
Sara Adler, NAA
Los Angeles, CA
Lisa Salkovitz Kohn, NAA
Chicago, IL
Carol Koenig
Wylie McBride Platten & Renner
San Jose, CA
Jay J. Wang
Fox, Wang & Morgan P.C.
Los Gatos, CA
3:00 p.m. – 4:15 p.m.................................................. Concurrent Session
U.S. Designating Agencies Update on Labor Arbitration
Representatives from the American Arbitration Association, Federal
Mediation and Conciliation Service and the National Mediation Board
will provide a review of current developments and trends in labor arbitration, including statistical information about arbitrators, arbitration procedures, and issues heard in arbitration.
Moderator:
Jeffrey B. Tener, NAA
Skillman, NJ
Panelists:
John English
AAA
San Diego, CA
Roland Watkins
NMB
Washington, DC
Arthur Pearlstein
FMCS
Washington, DC
Page 10
Friday, May 22, 2015 (Continued)
3:00 p.m. – 4:15 p.m. ................................................. Concurrent Session
Estoppel in Canadian Labour Arbitration:
Too Much of a Good Thing?
The session will feature a debate on the role of estoppel in Canadian
labour arbitration. Since the Supreme Court decision in Nor-Man Regional Health, arbitrators have been liberated to adapt and develop equitable remedies including estoppel. But many arbitrations already get
bogged down in protracted battles over past practice, representations by
silence, bargaining history and the like. Are we suffering from an equity
overdose?
Moderator:
Arne S. Peltz, NAA
Victoria, BC
Panelists:
Allan Black
Black Gropper
Vancouver, BC
Andrew C. L. Sims, NAA
Edmonton, AB
Jane H. Devlin, NAA
Toronto, ON
4:30 p.m. – 5:30 p.m. ..................................... Committee Meetings TBA
6:30 p.m. – 7:30 p.m. ................................................................. Reception
7:30 p.m. ...........................................................................................Dinner
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Saturday, May 23, 2015
8:00 a.m. – 4:00 p.m. ......................................... NAA Registration Desk
9:00 a.m. – 10:15 a.m................................................ Concurrent Session
Managing Multiple Employment Arbitration
Cases with Class Action Waivers
In the wake of Supreme Court decisions enforcing class action waivers
and arbitration agreements, arbitrators must decide how to handle multiple identical claims in arbitration. Can arbitrators consolidate cases raising the same issue? What preclusive effect, if any, should arbitrators
give to factual findings and legal conclusions involving similar claims
against the same defendant? If an arbitration agreement requires parties
to proceed individually, does that prevent joinder even of two or three
claimants or joinder of two or three defendants? This panel will invite an
arbitrator and lawyers experienced in handling class actions and multiple
arbitrations to explore these issues.
Moderator:
Catherine L. Fisk
University of California, Irvine, School of Law
Irvine, CA
Panelists:
Courtney L. Baird
Duane Morris LLP
San Diego, CA
Patrick Tatum
AAA
Fresno, CA
Mark L. Irvings, NAA
Brookline, MA
Steve Zeiff
Rudy, Exelrod, Zeiff & Lowe LLP
San Francisco, CA
Page 12
Saturday, May 23, 2015 (Continued)
9:00 a.m. – 10:15 a.m................................................ Concurrent Session
The Surprisingly Complex Issue of Resignation
in Just Cause Cases
Labor arbitrators are well versed in the “script” in just-cause dismissal
cases – an employee gets fired, the employer does the firing, and the arbitrator has to decide if the decision to fire was supported by just cause. In
resignation cases the script is all twisted and as a result a series of fascinating questions arise. What constitutes a resignation? Can a resignation
be considered a constructive discharge? Can an employer refuse to accept
a resignation and instead fire the employee? Can a resignation be withdrawn?
Moderator:
Rafael Gely
University of Missouri School of Law
Columbia, MO
Panelists:
Melissa H. Biren, NAA
Maplewood, NJ
Daniel T. Purtell
Altshuler Berzon LLP
San Francisco, CA
Stacey A. Mufson
Kaiser Foundation Health Plan, Inc.
Oakland, CA
9:00 a.m. – 10:15 a.m............................................... Concurrent Session
How Parties Pick Arbitrators
Two of the Bay Area’s most experienced labor management attorneys
will discuss how they select arbitrators. What influences them the most
and what doesn’t matter? Do they use Simpson’s and the AFL-CIO
listserv? Social media? A Canadian NAA arbitrator will explain how
Canadian parties pick arbitrators. Should the U.S. implement a website
like Canada’s ADRWeb.CA? Join us for a candid conversation.
Moderator:
Susan Grody Ruben, NAA
Cleveland, OH
Panelists:
Christopher James Albertyn, NAA
Geoffrey Piller
Toronto, ON
Beeson Tayer & Bodine, APC
Oakland, CA
John Baum
Hirschfeld Kraemer LLP
San Francisco, CA
Page 13
Saturday, May 23, 2015 (Continued)
10:30 a.m. – 12:00 p.m. ....................................................... Fireside Chat
Expect an entertaining and informative session when Claude Ames interviews William B. Gould IV, The Charles A. Beardsley Professor of Law,
Emeritus, Stanford Law School; Chairman of the National Labor Relations Board, 1994-1998; NAA member since 1970; and now Chairman of
the California Agricultural Labor Relations Board. While known as a
distinguished scholar and renowned author, Professor Gould is also a
great storyteller.
Interviewee:
William B. Gould, IV, NAA
Stanford Law School
Stanford, CA
Interviewer:
Claude Dawson Ames, NAA
Oakland, CA
12:00 p.m. – 1:30 p.m. ............................................Lunch on Your Own
1:30 p.m. – 2:00 p.m. .......................................... Member Recognitions
New Members and 25 & 40 Year Members
2:00 p.m. – 3:30 p.m. ............................. NAA Annual Business Meeting
(Members Only)
3:30 p.m. ................................................................... Board of Governors
3:30 p.m. – 4:30 p.m. ..................................... Committee Meetings TBA
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2015 COMMITTEE ON PROGRAM
ANNUAL MEETING
Laura J. Cooper, Chair
Robert Gary Bailey
Stephen F. Befort
Richard D. Fincher
Paul F. Gerhart
Barry Goldman
Nancy Hutt
Sharon K. Imes
Ira F. Jaffe
John Kagel
Marsha Cox Kelliher
Joyce M. Klein
Dennis R. Nolan
Arne S. Peltz
Susan Grody Ruben
Jan Stiglitz
Chris Sullivan
Alan A. Symonette
Katherine J. Thomson
Terri A. Tucker
2015 ADVOCACY CONTINUING
EDUCATION SUB-COMMITTEE
Louis L.C. Chang, Chair
Richard D. Fincher
Sharon Gallagher
Sharon K. Imes
Page 15
Homer C. La Rue
Michelle Miller-Kotula
2015 HOST COMMITTEE
ANNUAL MEETING
Claude Dawson Ames, Chair
Bonnie G. Bogue, Coordinator
Margaret R. Brogan
Fred D. Butler
Barbara Chvany
Jerilou Cossack, Posthumously
Morris Davis
Matthew Goldberg
William B. Gould, IV
Joe H. Henderson
Nancy Hutt
John Kagel
Andria S. Knapp
Anita Christine Knowlton
Luella E. Nelson
C. Allen Pool
Wilma Rader
Geraldine M. Randall
Barry Winograd
David A. Petersen (Ex Officio)
Non Members
Sheila K. Ames
Paul Roose
Hon. Joseph R. Grodin
David Weinberg
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Bay Area Advocates Advisory Committee
Andrew H. Baker
Raymond F. Lynch
Judith Droz Keyes
Donald Neilsen
Aaron L. Agenbroad
Mark S. Ross
Daniel T. Purtell
Robert Bonsall
Kristin L. Martin
Page 17
Plan to Attend
2015 Fall Education Conference
October 23 - 25, 2015
Four Seasons Hotel Denver
Denver, CO
2016 Annual Meeting
June 22 - 25, 2016
Wyndham Grand Pittsburgh Downtown
Pittsburgh, PA
2016 Fall Education Conference
September 30 - October 2, 2016
Loews New Orleans Hotel
New Orleans, LA
2017 Annual Meeting
May 24 - 27, 2017
Fairmont Chicago, Millennium Park
Chicago, IL
2017 Fall Education Conference
September 15 - 17, 2017
Four Seasons Miami
Miami, FL
2018 Annual Meeting
May 23 - 26, 2018
The Fairmont Hotel Vancouver
Vancouver, BC
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