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2023 NAA AMEC Program Materials and Speaker Bios
Tuesday, May 3, 2023
1:00 p.m. - 5:00 p.m.
NAA REGISTRATION DESK
Hotel Lobby (Lobby Level)
Wednesday, May 3, 2023
8:00 a.m. - 5:00 p.m.
NAA REGISTRATION DESK
Hotel Lobby (Lobby Level)
8:30 a.m. - 4:00 p.m.
BOARD OF GOVERNORS
Mt. Columbia (3rd Floor)
12:00 p.m. - 1:00 p.m.
NEW MEMBER LUNCHEON - Invitation Only
Mt. Oxford (3rd Floor)
1:00 p.m. - 3:00 p.m.
NEW MEMBER ORIENTATION
Mt. Wilson (3rd Floor)
Session Materials:
Agenda for NMO Denver.pdf
1:00 p.m. - 5:00 p.m.
TRAINING COURSE IN AIRLINE LABOR RELATIONS
Aspen Ballroom (2nd Floor)
Training in airline labor relations for neutrals and practitioners taught by leading labor relations professionals from airlines (UAL, AA, Delta, Southwest), airline unions (ALPA, AFA, IAMAW, TWU, APFA) and the NMB. NAA members, Rich Bloch and Josh Javits, will moderate. The training will cover the Railway Labor Act, RLA concepts of “major” (contract formation) and “minor” (contract interpretation) disputes, NMB’s unique and critical role, pattern bargaining, System Boards of Adjustment, arbitrator selection, and airline economics. The course will also address the key issues related to each airline craft or class: pilots, flight attendants, mechanics, fleet and customer service. Separate Fee.
Moderator:
Rich Bloch, NAA, Washington, DC
Joshua M. Javits, NAA, Washington, DC
Speakers:
Alin Boswell, APFA
Maria-Kate Dowling, General Counsel, National Mediation Board
Marc Esposito, Labor Relations for Delta
Deirdre Hamilton, Member, National Mediation Board
Arthur Luby, ALPA
Eric Mennel, Director, Labor Relations and Labor Strategy for UA
Thom McDaniel, Transport Workers Union of America, AFL-CIO
Kevin Minchey, Vice President, SWA
Jeff Nooger, former ALPA chair
Carla Siegel, General Counsel for IAMAW
Maria I. Torre, UALMEC Grievance Chairperson, AFA– CWA
Session Materials:
NAA Airline Training Agenda
1 A Session - RLA_History_Structure_Bargaining
1 B Session - Differences with NLRA
1 C Session - NMB_PEB Discussion
3 B Sesion - Pilots_Scheduling_Pay_Scope....
4 A Session - Industry Consolidation_chart
PowerPoint Slides PDF
6:00 p.m. – 7:30 p.m.
PRESIDENT’S WELCOMING RECEPTION
Capitol Peak (Grand Hyatt Conference Center—38th Floor)
Thursday, May 4, 2023
8:00 a.m. – 5:00 p.m.
NAA REGISTRATION DESK
Torreys Peak (2nd Floor)
8:45 a.m. – 9:00 a.m.
WELCOME & INTRODUCTORY REMARKS
Colorado Ballroom (2nd Floor)
Presidential Remarks, Program Announcements,
and Arrangements Announcements
Presidential Remarks:
Homer C. La Rue, NAA, President, Columbia, MD
Program Announcements:
Lisa Charles, NAA, Program Chair, Princeton, NJ
Host Announcements:
Pilar Vaile, NAA, Host Chair, Yuma, CO
9:00 a.m. - 10:15 a.m.
WORKPLACE SAFETY AND FITNESS FOR DUTY:
A BETTER APPROACH?
Colorado Ballroom (2nd Floor)
The panel will discuss the current environment, latest approaches, and recent developments in how best to determine fitness for duty.
Moderator:
Andrea Laiacona Dooley, NAA, Oakland, CA
Speakers:
George Faulkner, Faulkner, Hoffman, Phillips
Karl Kumli, Jackson Lewis
Dean Modecker, Secretary-Treasurer & Principal Officer, Teamsters Local 455
Session Materials:
NAA Fitness for Duty - Discussion Outline
10:15 a.m. - 10:30 a.m.
COFFEE BREAK
Colorado Foyer (2nd Floor)
10:30 a.m. - 11:45 a.m.
DEVELOPING YOUR INCLUSIVE INTELLIGENCE: THE PERSONAL BUSINESS CASE FOR DIVERSITY, EQUITY, AND INCLUSION
Colorado Ballroom (2nd Floor)
In the midst of the upheaval, we have experienced in the past three years, it is those who have developed a key form of intelligence who will thrive and be ahead of the curve. The most adaptive people are inclusively intelligent, meaning they have intentionally created broad networks of information, ideas, and associations; and are also aware of and work to interrupt their cognitive biases – the glitches that impact good decisions. Attend this session to learn more about this valuable form of personal and organizational intelligence and how to cultivate it so you can become a better decision-maker.
Moderator:
Alan Symonette, NAA, Media, PA
Speakers:
Kathleen Nalty, Kathleen Nalty Consulting
Session Materials:
ACT Now Worksheet - Inclusive Intelligence.pdf
12:00 p.m. - 1:30 p.m.
DISTINGUISHED SPEAKER LUNCHEON
Aspen Ballroom (2nd Floor)
Introduction:
Homer C. La Rue, NAA, President, Columbia, MD
Speaker:
Gwynne Wilcox, NLRB
1:45 p.m. - 3:00 p.m.
FILM AND DISCUSSION – LESSONS LEARNED FROM 1968 MEMPHIS SANITATION STRIKE
Mt. Sopris A (Lobby Level)
Lessons learned from the history of collective bargaining in the public sector.
Moderator:
Alan Symonette, NAA, Media, PA
Speaker:
John E. Higgins, Jr., Former NLRB Chair, Field Attorney and Supervisory Attorney in Memphis in 1968 and marched in the funeral parade for MLK, Catholic University of America School of Law, District of Columbia PERB, Chevy Chase, MD
1:45 p.m. - 3:00 p.m.
OUTSMART YOUR UNCONSCIOUS BIASES
Colorado Ballroom (2nd Floor)
Despite our best intentions, research shows we all have it – unconscious, unintentional bias. Unconscious attitudes and beliefs are shaped by all kinds of influences – some of which we would not agree with or even accept on a conscious level. Yet, these unconscious thoughts influence decision-making and can have a profound impact on our decisions. The key is to learn how to recognize your own unconscious biases. In this interactive session, attendees will engage in a competitive game and visualization exercise, as well as create their own personal action plans to interrupt unconscious bias.
Moderator:
Pilar Vaile, NAA, Yuma, CO
Speaker:
Kathleen Nalty, Kathleen Nalty Consulting
Session Materials:
Strategies for Confronting Unconscious Bias in Dispute Resolutions 11_18_21.pdf
Strategies for Interrupting Unconscious Bias - Worksheet - Kathleen Nalty Consulting - lawyers.pdf
Unconscious Bias ACT Now Worksheet.pdf
Unconscious Bias Resource List .pdf
1:45 p.m. - 3:00 p.m.
MARIJUANA – COLORADO WORKPLACES LEADING THE WAY FOR OTHER STATES
Mt. Sopris B (Lobby Level)
Moderator:
Paul Gerhart, NAA, Hilton Head, SC
Speaker:
Todd McNamara, McNamara & Schecter LLP, Denver, CO
Session Materials:
Marijuana Decriminalization and the Workplace....pdf
3:00 p.m. - 3:15 p.m.
COFFEE BREAK
Colorado Foyer (2nd Floor)
3:15 p.m. - 4:30 p.m.
FIRESIDE CHAT
Colorado Ballroom (2nd Floor)
Interviewer:
Andree McKissick, NAA, Chevy Chase, MD
Interviewee:
Jack Clarke, NAA, Hull, GA
4:30 p.m. - 5:30 p.m.
SOUTHEAST REGION MEETING
Mt. Yale (3rd Floor)
4:30 p.m. - 5:30 p.m.
SOUTHWEST ROCKIES REGION MEETING
Mt. Oxford (3rd Floor)
5:00 p.m. - 6:00 p.m.
INTERNATIONAL STUDIES COMMITTEE MEETING
Mt. Oxford (3rd Floor)
5:00 p.m. - 6:00 p.m.
REF COMMITTEE MEETING
Mt. Harvard (3rd Floor)
5:30 p.m. - 7:00 p.m.
NEW MEMBER HAPPY HOUR
Colorado Foyer (2nd Floor)
Friday, May 5, 2023
8:00 a.m. – 5:00 p.m.
NAA REGISTRATION DESK
Torreys Peak (2nd Floor)
8:45 a.m. – 9:00 a.m.
OPENING REMARKS
Colorado Ballroom (2nd Floor)
Program Announcements:
Lisa Charles, NAA, Program Chair, Princeton, NJ
Host Announcements:
Pilar Vaile, NAA, Host Chair, Yuma, CO
9:00 a.m. - 10:15 a.m.
CYBER SECURITY AND DIGITAL PRIVACY – MONITORING OF WHITE-COLLAR WORKERS
Colorado Ballroom (2nd Floor)
Moderator:
Andree McKissick, NAA, Chevy Chase, MD
Speakers:
Philip L Gordon, Littler Mendelson
Tom Muther, Minaham, Muther, Klinger
Matthew Shechter, McNamara and Shechter
Session Materials:
Cybersecurity and Digital Privacy _ P. Gordon.pdf
Does the Employer Hold all the Cards_ How and When Can Employees Fight Back.pdf
Workplace Monitoring and Data Protection in the Federal Sector.pdf
10:15 a.m. – 10:30 a.m.
COFFEE BREAK
Colorado Foyer (2nd Floor)
10:30 a.m. - 11:45 a.m.
NEW BREED OF ORGANIZERS – STARBUCKS, AMAZON, SEIU
Colorado Ballroom (2nd Floor)
Employees at Amazon and Starbucks appear to be the source of new organizing efforts over the past several years. Why? What is it about these employers and employees that are different from others? What does it mean for the future of labor-management relations in the US? Explore these questions with panelists in the thick of it.
Moderator:
Sheila Mayberry, NAA, Portland, ME
Speakers:
George Davies, Quinn, Connor, Weaver & Rouco LLP, Birmingham, AL
Ian Hayes, Partner, Hayes Dolce, Buffalo, NY
Ahmed A. White, Colorado Law, Boulder, CO
12:00 p.m. - 1:30 p.m.
Presidential Luncheon
Aspen Ballroom (2nd Floor)
Speaker:
Homer C. La Rue, NAA, President, Columbia, MD
Session Material:
NGN Consortium Proposal
1:45 p.m. - 3:00 p.m.
AIRLINE, RAILROAD - POLICIES AND GRIEVANCES
STEMMING FROM COVID AND DIVERSITY ISSUES
Colorado Ballroom (2nd Floor)
Moderator:
Debra Neveu, NAA, New Orleans, LA
Speakers:
Deirdre Hamilton, Member, National Mediation Board
Angela Heverling, Sr. Manager Labor Relations, Amtrak
Thom McDaniel, Transport Workers Union of America, AFL-CIO
Jonathan Oliff, Managing Director and Senior Attorney at American Airlines
Zachary Voegel, BMWE
1:45 p.m. - 3:00 p.m.
US POSTAL SERVICES – IMPACT OF COVID AND
DIVERSITY ISSUES
Mt. Sopris B (Lobby Level)
Moderator:
Margo Newman, NAA, Toronto, CA
Speakers:
Jennifer Breslin, Director, Collective Bargaining & Arbitration, USPS
Charlie Cash, Industrial Relations Director, APWU
Mark Gisler, Partner, Peer, Gan & Gisler
Don Gonzales, Western Regional Director, NPMHU
James D. Henry, Vice President, NALC
1:45 p.m. - 3:00 p.m.
BEST PRACTICES IN EMPLOYMENT ARBITRATION CASE MANAGEMENT
Mt. Sopris A (Lobby Level)
Notwithstanding the recent limitations placed on arbitration of sexual harassment disputes, the field of employment arbitration is still active. For many Academy members, it is a growing part of our practice. This program will address some of the fundamental challenges and issues which arise in the administration of an employment arbitration case, including managing a pre-hearing conference and essentials of the initial case management order; dealing with subpoenas and discovery issues; protective orders; nuances in the handling of dispositive motions; fee practices; and specific issues related to hearing and award.
Moderator:
Patricia Bittel, NAA, Park City, Utah
Speakers:
Jacquelin F. Drucker, NAA, New York, NY
Scott L. Evans, Shareholder, Buchalter, Denver, CO
Will Hartsfield, NAA, Dallas, TX
Session Materials:
Agreement for Arbitration Services.pdf
AGREEMENT TO PRIVATE ARBITRATION.pdf
Confidentiality Linked.pdf
DRAFT ARB MGT ORDER (for party consideration).pdf
Scheduling Order.pdf
WHAT'S IN YOUR SCHEDULING ORDER.pdf
2020-11-10 Initial Ltr Counsel.pdf
3:00 p.m. - 4:15 p.m.
SPECIAL SESSION – HOW ARBITRATION IS HANDLED IN CAMBODIA
Colorado Ballroom (2nd Floor)
For the Denver NAA Annual Meeting we will be presenting a panel about The Arbitration Council of Cambodia.
Moderators:
Allen Ponak, Past president, NAA, Toronto, ON
Sherrie Rose Talmadge, NAA, Boston, MA
Speakers:
Prof. Kong Phallack, Arbitrator, Arbitration Council, Attorney-at-Law, and Mediator, KhmerLex Legal Solutions Law Office, Professor and Researcher, National University of Management
Ann Vireak, Arbitrator, Annmar & Associates Law Office Director, Attorney-at-law
You Suonty, Arbitrator and Attorney-at-Law
Session Materials:
AC Panel Discussion PowerPoint
AC Panel Discussion PDF
Cambodia published journal article
4:15 p.m. - 5:15 p.m.
CONTINUING EDUCATION COMMITTEE MEETING
Mt. Oxford (3rd Floor)
4:15 p.m. - 5:15 p.m.
OUTREACH COMMITTEE MEETING
Mt. Wilson (3rd Floor)
4:30 p.m. - 5:30 p.m.
ARBITRATIONINFO.COM COMMITTEE MEETING
Mt. Yale (3rd Floor)
5:30 p.m. - 7:00 p.m.
HAPPY HOUR
Colorado Foyer (2nd Floor)
Saturday, May 6, 2023 – MEMBERS ONLY
8:00 a.m. – 12:00 p.m.
NAA REGISTRATION DESK
Torreys Peak (2nd Floor)
8:30 a.m. – 8:45 a.m.
OPENING REMARKS
Colorado Ballroom (2nd Floor)
Program Announcements:
Lisa Charles, NAA, Program Chair, Princeton, NJ
Host Announcements:
Pilar Vaile, NAA, Host Chair, Yuma, CO
8:45 a.m. - 9:45 a.m.
STATE OF THE WORKPLACE, STATE OF THE ARBITRATION PROFESSION
Colorado Ballroom (2nd Floor)
Professor Katz will share observations concerning the current state of the workplace as well as that of the arbitration profession. The arbitration profession observations will be drawn from the data collected during the recent survey of National Academy of Arbitrator members.
Moderator:
Sarah Espinosa, NAA, Alexandria, VA
Speaker:
Professor Harry Katz, Jack Sheinkman Professor, Director, Scheinman Institute on Conflict Resolution, ILR School - Cornell University
Session Materials:
2022NA~1.PPT
9:45 a.m. - 10:15 a.m.
DEIB ACTION PLAN UPDATES
Colorado Ballroom (2nd Floor)
Status report on implementation of DEIB
Moderator:
Homer C. La Rue, NAA, Columbia, MD
Speakers:
Melissa Biren, NAA, Morris Plains, NJ
10:15 a.m. - 10:45 a.m.
INCLUSION VIGNETTES – BYSTANDER RESPONSIBILITY IN OBSERVED ACTS OF DISCRIMINATION
Colorado Ballroom (2nd Floor)
The panelists will briefly discuss the results of the bystander survey sent out earlier this year and then begin the dialogue on how important bystander behavior can be for the Inclusion and Belonging aspects of DEIB.
Moderator:
Liz Neumeier, NAA, Gloucester, MA
Speakers:
Haydee Rosario, NAA, Bronx, NY
David Weinberg, NAA, Mill Valley, CA
Elizabeth C. Wesman, NAA, Camas, WA
Session Materials:
NAA 2020 Anti-Discrimination Policy and Complaint Procedures and Enforcement.pdf
Member Survey.pdf
10:45 a.m. - 11:00 a.m.
COFFEE BREAK
Colorado Foyer (2nd Floor)
11:00 a.m. - 12:00 p.m.
WHEN DOES WAGE RESTRAINT LEGISLATION BREACH CANADA’S CHARTER OF RIGHTS? CAN THIS QUESTION ALWAYS BE LITIGATED?
Mt. Sopris B (Lobby Level)
Two recent developments have brought the relationship between wage restraint legislation and Canada’s Charter of Rights and Freedoms onto the front burner of public debate.
First, the Ontario Superior Court of Justice recently struck down broadly applicable public sector wage restraint legislation in the province as an unjustified infringement of the freedom of association protected by section 2(d) of the Canadian Charter of Rights and Freedoms. The Ontario government has since appealed. Regardless of the
eventual outcome, the litigation will clarify (1) when a wage restraint bill will amount to substantial interference with Charter freedom of association so as to infringe it, and (2) under what conditions and on the basis of what evidence wage restraint legislation that does infringe the freedom could be demonstrably justified as a reasonable limit on it.
Second, the Ontario government recently invoked the notwithstanding clause (section 33) of the Constitution Act in legislation to impose a wage settlement on public sector education workers regardless of whether it infringed Charter rights. It then promptly rescinded the legislation in the face of public opposition. But the Ontario government was not the first to invoke the clause, and its actions raised the question of whether governments may do so again if political conditions are different. If so, might affected unions and employees access the courts to seek a declaration of Charter infringement, with a view to influencing public debate on whether the government’s use of the notwithstanding clause should continue?
This panel will take up these questions in a dynamic, roundtable format.
Moderator:
Kevin Banks, NAA, Wakefield, Quebec
Speakers:
Colleen Bauman, Goldblatt Partners, Ottawa
Richard Charney, Norton Rose Fulbright, Toronto
Bruce Curran, Faculty of Law, University of Manitoba
Tim Hadwen, Retired, Management Board of Cabinet
Session Materials:
Wage Restraint in Manitoba_April 3.pdf
Bill-124-Decision
11:00 a.m. - 12:00 p.m.
DESIGNATING AGENCIES
Colorado Ballroom (2nd Floor)
The three main designating agencies will describe the current status of their panels, yearly panel statistics, and new initiatives. They will entertain questions from the audience regarding their panel.
Speakers:
Terri Brown, National Mediation Board
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.
MEMBER RECOGNITIONS
Colorado Ballroom (2nd Floor)
25 & 40 Year Members and New Members
1:30 p.m. (MEMBERS ONLY)
ANNUAL BUSINESS MEETING
Colorado Ballroom (2nd Floor)
3:00 p.m.
BOARD OF GOVERNORS MEETING
Mt. Columbia (3rd Floor)
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