2022 NAA AMEC Program Materials and Speaker Bios

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Tuesday, May 10, 2022
1:00 p.m. – 5:00 p.m. - Prince Edward Island (Main Mezzanine)
NAA REGISTRATION DESK

12:00 p.m. – 4:00 p.m. - Algonquin (Main Mezzanine)
BOARD OF GOVERNORS MEETING


Wednesday, May 11, 2022

7:00 a.m. – 8:15 a.m. - Manitoba (Main Mezzanine)
(By Invitation Only)

NEW MEMBER BREAKFAST

8:00 a.m. – 5:00 p.m. - Prince Edward Island (Main Mezzanine)
NAA REGISTRATION DESK

8:00 a.m. – 5:00 p.m. - Tudor 7 & 8 (Main Mezzanine)
INTERNATIONAL DAY – LABOUR RIGHTS AND REMEDIES UNDER GLOBALIZATION*
*Sponsored by the REF

12:30 p.m. - 2:00 p.m. - Ballroom (Convention Floor)
INTERNATIONAL DAY LUNCHEON

6:30 p.m. – 8:00 p.m. - Ballroom (Convention Floor)

PRESIDENT’S WELCOMING RECEPTION
Manitou Mkwa Traditional Opening


Thursday, May 12, 2022
8:00 a.m. – 5:00 p.m. - Prince Edward Island (Main Mezzanine)
NAA REGISTRATION DESK

8:45 a.m. – 9:00 a.m. - Ballroom (Convention Floor)

WELCOME & INTRODUCTORY REMARKS

Presidential Remarks, Program Announcements, and Host Announcements

Presidential Remarks:
Susan L. Stewart, NAA President, Toronto, ON
Program Announcements:
Jasbir Parmar, NAA Program Chair, Oakville, ON
Host Announcements:
John L. Stout, NAA Host Chair, Toronto, ON

9:00 a.m. – 10:15 a.m. - Ballroom (Convention Floor)
DIVERSITY INITIATIVES: FROM IDEA TO IMPLEMENTATION

The call for diversity has never been broader and it has never been stronger. However, achieving diversity is not without its challenges, in workplaces as well as in the arbitration profession. This panel will address initiatives in connection with arbitrator selection, creating a diverse workforce and eradicating racism from the workplace. It will provide practical examples of how real change can be achieved.

Moderator:
Christopher J. Albertyn, NAA, Toronto, ON

Panelists:
Annette Boodram, Equity, Diversity & Inclusion Program Manager, York University
John R. Evans, Evans Law
Homer C. La Rue, NAA, Columbia, MD
Madam Justice Michelle O’Bonsawin, Ontario Superior Court
Carl Peterson, Filion Wakely Thorup Angeletti LLP
Alan A. Symonette, NAA, Media, PA

Session Materials:
000-CETA Article KS_NAA-031522.pdf
63_2 Howard LJ 215 (Wint. 2020) 129 (2).pdf
Alineutility Limited 2021 CanLII 36657 (ON CA).pdf
Clark Construction Management Inc. 2022 CanLII 11495 (ON LA).pdf
Con-Drain Company (1983) 2021 CanLII 53321 (ON CA).pdf
OBA-Report-on-Neutral-Diversity-Final-March-2022.pdf
Robert B. Somerville Co. Limited 2021 CanLII 2457 (ON CA).pdf

10:15 a.m. – 10:30 a.m. - Ballroom Foyer (Convention Floor)
COFFEE BREAK

10:30 a.m. – 11:45 a.m. - Tudor 7 & 8 (Main Mezzanine)
COVID, COVID, COVID: A MULTITUDE OF WORKPLACE ISSUES

The COVID pandemic has had a profound impact on the workplace and on union-management relations. Arbitrators, unions, and employers have dealt with new and developing issues, such as mandatory vaccination, testing, accommodation, protection of worker health and safety, sick pay, discipline for safety violations, leaves of absence, and many other issues. This panel will discuss how U.S. and Canadian arbitrators have decided COVID-related issues, and how the interests of unions and employers on these issues may be addressed.

Moderator:
Jim Oakley, NAA, St. John’s, NL

Panelists:
Richard Bales, NAA, Mars, PA
Eli Gedalof, NAA, Toronto, ON
Jay Jaffe, Senior Managing Counsel, Local 1199 – SEIU
Amanda Lawrence-Patel, Hicks Morley Hamilton Stewart Storie LLP

Session Materials:
Covid Issues - Canadian Arbitration Awards on Vaccine and Testing Mandates.pdf
R Bales Comparative Analysis of Novel Issues in U.S. and Canadian Labor Arbitration Related to COVID-19.pdf

12:00 p.m. – 1:30 p.m. - Ballroom (Convention Floor)

DISTINGUISHED SPEAKER LUNCHEON

Introduction:
Susan L. Stewart, NAA President, Toronto, ON

Speaker:
The Right Honourable Beverley McLachlin

1:45 p.m. – 3:00 p.m. - Tudor 7 & 8 (Main Mezzanine)
CONCURRENT SESSION – AIRLINES LABOUR RELATIONS

Does duration matter? Air Canada negotiated 10-year agreements for successive collective bargaining agreements with most of its unions (2015-2025). What lessons are being learned? In the US “amendable” agreements under the Railway Labor Act also result in long-duration agreements. Does that amount to the same thing? What are the implications for arbitration?

Moderator:
Ginette Brazeau, Chair, Canada Industrial Relations Board

Panelists:
Irene Chrisanthopoulos, Air Canada
Betty Ginsburg, Director of Representation, Air Line Pilots Association
Megan Reid, Dewart Gleason LLP
Robert Siegel, Partner, O'Melveny

Session Materials:
Collective_Agreement_between_Air_Canada_and_CUPE_Effective_April_01_2015.pdf
Air Canada's 10-year Agreements - NAA Conference - May 12 2022.pdf


1:45 p.m. – 3:00 p.m. - Algonquin (Main Mezzanine)
CONCURRENT SESSION – POSTAL LABOUR RELATIONS

Representatives from American postal unions and the United States Postal Service will discuss workplace challenges, new collective bargaining agreements, and their impact on grievance arbitration.

Moderator:
Andrea Laiacona Dooley, NAA, Oakland, CA

Panelists:
Jennifer Breslin, Director, Collective Bargaining and Arbitration, USPS
Charlie Cash, Industrial Relations Director, American Postal Workers Union, AFL-CIO
Travis "Greg" Dixon, National Association of Letter Carriers
Michael J. Gan, General Counsel, National Rural Letters Carriers' Association
Don Gonzales, Regional Director, National Postal Mail Handlers Union



1:45 p.m. – 3:00 p.m. - Salon A (Convention Floor)
CONCURRENT SESSION – DOMESTIC LITIGATION OF INTERNATIONAL WORKPLACE CLAIMS

This panel will explore the increasing use of domestic courts to enforce human rights claims that arise in foreign countries where the work has taken place.

Moderator:
Sherrie Rose Talmadge, NAA, Boston, MA

Panelists:
Aaron Halegua, PLLC, New York School of Law, U.S. - Asian Law Institute Research Fellow
Charity Ryerson, Executive Director, Corporate Accountability Lab (CAL)
James Yap, President of Canadian Lawyers for International Human Rights (CLAIHR)

Session Materials:
2017.05.04 - New York Times - Story on Imperial Pacific Casino.pdf
2018onca1053.pdf
2020scc5.pdf
2021.05.24 - 322 - Decision and Order Entering Default Judgment against IPI.pdf
Links - International Panel.pdf
Business and Human Rights J Yap.pdf
Domestic Litigation C. Ryerson.pdf
Halegua Presentation re TVPRA

 

3:15 p.m. – 5:00 p.m. - Ballroom (Convention Floor)
FIRESIDE CHAT

Margie Brogan, the Academy's president in 2016-17, accomplished arbitrator in a range of private and public sector fields, law school teacher, and frequent program developer and lecturer, will speak of her early years, including how she broke into the profession as a young woman in a male-dominated profession – a story that resonates with other women in the NAA. Margie will be interviewed by her husband, Barry Winograd, also a former NAA President. He promises that the chat will allow all to share Margie's laugh, her quick wit, and her devotion to the Academy and the arbitration profession as a whole -- including her passion for mentoring newer arbitrators and supporting diversity and inclusion projects.

Interviewer:
Barry Winograd, NAA, Oakland, CA

Interviewee:
Margaret R. Brogan, NAA, Philadelphia, PA

5:00 p.m. – 6:30 p.m. - Tudor 7 & 8 (Main Mezzanine)

NFB FILM – LITTLE CAUGHNAWAGA: TO BROOKLYN AND BACK

5:00 p.m. – 5:45 p.m. - Saskatchewan (Main Mezzanine)
INTERNAL GRIEVANCES COMMITTEE MEETING

5:00 p.m. – 6:30 p.m. - Salon A (Convention Floor)

REF COMMITTEE MEETING

5:00 p.m. – 6:00 p.m. - Algonquin (Main Mezzanine)
REGIONAL CHAIRS COMMITTEE MEETING

5:45 p.m. – 6:30 p.m. - Saskatchewan (Main Mezzanine)
ARBITRATIONINFO.COM COMMITTEE MEETING 

6:30 p.m. – 10:00 p.m. - Ballroom (Convention Floor)

RECEPTION AND DINNER AT THE ROYAL YORK


Friday,
May 13, 2022

8:00 a.m. – 5:00 p.m.
NAA REGISTRATION DESK

8:45 a.m. – 9:00 a.m. - Ballroom (Convention Floor)
OPENING REMARKS

Program/Host Announcements:
Jasbir Parmar, NAA, Program Chair, Oakville, ON
John L. Stout, NAA, Host Chair, Toronto, ON

9:00 a.m. – 10:15 a.m. - Ballroom (Convention Floor)
GIG WORKERS: ENTREPENEURS OR ECONOMIC PREY

A discussion about gig worker issues, including the issue of their legal status as employees or independent contractors, organizing, political advocacy, the tech industry and more.

Moderator:
Joshua M. Javits, NAA, Washington, DC

Panelists:
J. Kim Fennell, Board Director, Global Technology Executive, Angel Investor, Los Gatos, CA
Lise Lareau, Professor, York University
Don Munro, Jones Day
Michael Wright, Wright Henry LLP

Session Materials:
2022-01-27 Uber signs deal with UFCW CP report.pdf
2022-03-01 Ford and politics of gig worker legislation Star editorial.pdf
Canadian case updates.pdf
Ontario Liberals looking to boost minimum wage, worker protections _ Canadian HR Reporter.pdf
Update Presentation.4.4.22.djm.PPTX

10:15 a.m. – 10:30 a.m. - Ballroom Foyer (Convention Floor)
COFFEE BREAK

10:30 a.m. – 11:45 a.m. - Tudor 7 & 8 (Main Mezzanine)

ARBITRATING THE NEW EMPLOYMENT REALTIES

Cultural changes have dramatically altered the employment relationship, leading to new standards for a respectful workplace, human rights accommodation, privacy and identity recognition. As a result, labour and employment arbitration has become far more complex. Significant new claims and remedies have emerged. In Canada, there are also constitutional and statutory dimensions to arbitral jurisdiction. In the U.S., state legislation and several courts' statutory interpretations have contracted arbitral jurisdiction in both employment and labor areas. This panel of arbitrators and advocates will examine the evolution of arbitration from basic contract dispute resolution and discuss what the future is likely to bring.

Moderator:
Margo R. Newman, NAA, Toronto, ON

Panelists:
Ian Hayes, Esq., Creighton, Johnsen & Giroux
Caroline (Nini) Jones, Jones Pearce LLP
Don Jordan, Q.C., Harris & Company
Elizabeth McPhail, Esq., Hodgson Russ

Session Materials:
Ending Forced Arbitration of Sexual Assault and Sexual Harassment.pdf

Epic Systems Corporation v. Lewis 138_S.Ct._1612.pdf
Paper - Arbitrating the New Employment Realities.pdf


12:00 p.m. – 1:30 p.m. - Ballroom(Convention Floor)

PRESIDENTIAL LUNCHEON

Introduction:
Kenneth Paul Swan, NAA, Toronto, ON

Speaker:
Susan L. Stewart, NAA President, Toronto, ON

1:45 p.m. – 3:00 p.m. - Salon A (Convention Floor)
CONCURRENT SESSION – MAJOR CASE BRIEFING

What are the major cases that have impacted labour and employment arbitration in the past year? A panel of American and Canadian advocates, two of whom customarily represent unions and two of whom customarily represent employers, will answer that question.

Moderator:
Allen Ponak, NAA, Toronto, ON

Panelists:
Wassim Garzouzi, RavenLaw LLP
Erin Kuzz, Sherrard Kuzz LLP
Claire Sellers, New York State United Teachers
Kristin Wheaton, Goldberg Segalla

Session Materials:
CTS.pdf
Janina Molina De Leon v Canadian Union of Public Employees, 2022 CanLII 9076.pdf

Morningstar v. WSIAT, 2021 ONSC 5576.pdf
Northern Regional Health Authority v. Horrocks^J 2021 SCC 42 .pdf
Render v. ThyssenKrupp Elevator (Canada) Limited, 2022 ONCA 310.pdf
Sellers. NYC Fast Food Law Arbitration (1).pdf
Sellers. NYC Fast Food Law Arbitration (2).pdf
Sellers.NYC Fast Food Law Just Cause.pdf
Wheaton Case. PLAW-117publ90 (1) Forced Arbitration.pdf

1:45 p.m. – 3:00 p.m. - Tudor 7 & 8 (Main Mezzanine)
CONCURRENT SESSION – WHY DOES IT TAKE SO LONG? HOW TO MAKE ARBITRATION MORE EFFECTIVE

This interactive session will explore ways that the arbitration process gets bogged down, and suggest changes that can be made by arbitrators and, the parties. You will hear both employer and union counsels’ perspective on these potential changes, as well as the perspective of both a Canadian and a U.S. arbitrator. There will be an opportunity for your input as well.

Moderator:
Randi Hammer Abramsky, NAA, Toronto, ON

Panelists:
Kevin Banks, Professor, Queen’s University Faculty of Law
Jeanne Charles, NAA, Pembroke Pines, FL
Sara Malkin, Mathews Dinsdale & Clark LLP
Archana Mathews, Ontario Public Service Employees Union

Session Materials:
22CanadianLabEmpLJ231.pdf
THINKING OUTSIDE THE BOX.pdf

3:00 p.m. – 5:00 p.m. - Tudor 7 & 8 (Main Mezzanine)
THE COLLEGE OF LABOR AND EMPLOYMENT LAWYERS – MEMPHIS STRIKE DOCUMENTARY

4:00 p.m. – 6:00 p.m. - Saskatchewan (Main Mezzanine)

CPRG MEETING

5:00 p.m. – 6:00 p.m. - Salon A (Main Mezzanine)
CONTINUING EDUCATION COMMITTEE MEETING

5:30 p.m. – 7:00 p.m. - Ballroom Foyer (Convention Floor)
NEW MEMBER WELCOMING RECEPTION

Saturday, May 14, 2022 (ARBITRATORS ONLY)
8:45 a.m. – 9:30 a.m. - Ballroom (Convention Floor)
SPECIAL HONORARY SPEAKER – HONOURABLE MAHMUD JAMAL OF THE SCC

The newest appointee to the Supreme Court of Canada, The Honourable Mahmud Jamal will speak to Academy members about litigating arbitration issues before the courts, including the Supreme Court of Canada. Justice Jamal’s work as counsel and as a judge provide him with experience and insights on this important issue.

Introduction:
Paula Knopf, NAA, Toronto, ON

Speaker:
Justice Mahmud Jamal, Supreme Court of Canada


9:30 a.m. – 10:40 a.m. - Ballroom (Convention Floor)

DIVERSITY, EQUITY, INCLUSION AND BELONGING IN PRACTICE

Unions and Employers have joined other organizations across North America in initiating a cultural revolution by prioritizing diversity, equity and inclusion. This has affected their practices both internally and in connection with their retention practices. In this session we will hear from Unions and Employers about their new approaches to advance their joint commitment to diversity, equity and inclusion, including in relation to arbitrator selection.

Introduction:
Christopher J. Albertyn, NAA, Toronto, ON

Speaker:
Audrey Roofeh, CEO, Mariana Strategies LLC

Speaking via Zoom:
John Feltz - International Vice President and Rail Road Division Director, Transport Workers Union of America
Andrea Gansen - Vice President of Labor Relations, Amtrak
Cara E. Leheny - Divisional Deputy City Solicitor, City of Philadelphia Law Department, Labor & Employment Unit
Richard Poulson - Willig, Williams & Davidson, Philadelphia

Session Materials:
RECOMMENDED READING LIST


10:55 a.m. – 12:00 p.m. - Ballroom (Convention Floor)

CONCURRENT SESSION – SYSTEMS FOR SUCCESS: DECISION-WRITING TIPS AND STRATEGIES

Join us for an informative session with Caroline Mandell. Ms. Mandell is the of a top-rated podcast series on writing reasons for In All Fairness, the Canadian Institute for the Administration of Justice's podcast channel. She teaches judges and adjudicators across Canada about decision-writing. You will learn what you need to develop the habits that facilitate excellent adjudicative decision-writing, and how to tailor best practices to your own writing style and preferences. You will benefit from tips and “take-away” strategies for timely and effective decision-writing.

Moderator:
Jacalyn J. Zimmerman, NAA, Lake Bluff, IL

Speaker:
Caroline Mandell, Mandell Coaching

Session Materials:
Mandell toolkit checklists for adjudicators and judges
In All Fairness
Self Care


10:55 a.m. – 12:00 p.m. - Tudor 7 & 8
CONCURRENT SESSION – U.S. DESIGNATING AGENCIES UPDATE

Hear from the agencies’ representatives about the trends and issues impacting each agency.

Moderator:
David Weinberg, NAA, Mill Valley, CA

Panelists:
Christine Newhall, American Arbitration Association
Arthur Pearlstein, Federal Mediation and Conciliation Service

12:00 p.m. – 1:00 p.m.
LUNCH ON YOUR OWN

1:00 p.m. – 1:30 p.m. - Ballroom (Convention Floor)
MEMBER RECOGNITIONS

Honorary Life Member, 25 & 40 Year Members, and New Members

1:30 p.m. - Ballroom (Convention Floor)

ANNUAL BUSINESS MEETING (MEMBERS ONLY)

3:00 p.m. - Algonquin (Main Mezzanine)

BOARD OF GOVERNORS MEETING