|
**PLEASE NOTE - REGISTRATION FOR INTERNATIONAL DAY IS SEPERATE FROM REGISTRATION FOR THE AMMEC. YOU CAN REGISTER FOR INTERNATIONAL DAY HERE**
MONDAY, May 6, 2024
1:00 p.m. - 5:00 p.m.
NAA REGISTRATION DESK
TUESDAY, May 7, 2024
8:00 a.m. - 5:00 p.m.
NAA REGISTRATION DESK
8:30 a.m. - 4:30 p.m.
BOARD OF GOVERNORS MEETING
8:00 a.m. - 12:00 p.m.
NEW MEMBER ORIENTATION
10:00 a.m. - 4:30 p.m.
INTERNATIONAL DAY (Separate registration and fee)
A day focused on dispute resolution systems embedded in international trade agreements and the potential for labor arbitrators to expand their practices in this area.
12:00 p.m. - 1:00 p.m.
NEW MEMBER LUNCHEON (By Invitation Only)
4:30 p.m. - 5:15 p.m.
FIRESIDE CHAT
The Story of the Creation of Standards in the World of Arbitration.
Moderator:
Kathryn VanDagens, NAA, Lansing, MI
Speakers:
Theodore J. St. Antoine, NAA, Ann Arbor, MI
Arnold Zack, NAA, Boston, MA
6:00 p.m. - 7:30 p.m.
PRESIDENT’S WELCOMING RECEPTION
POSTER EXHIBIT: NAA HISTORY - A PHOTOGRAPHIC PERSPECTIVE
“Where We Came From, Where We Are Going” the NAA’s past and continuing efforts to mentor new arbitrators through salons.
WEDNESDAY, May 8, 2024
8:00 a.m. - 5:00 p.m.
NAA REGISTRATION DESK
8:45 a.m. - 9:00 a.m.
WELCOME & INTRODUCTORY REMARKS
Presidential Remarks:
William McKee, NAA President, Denton, TX
Program Announcements:
Sheila G. Mayberry, NAA, Program Co-Chair, Falmouth, ME
Bonnie J. McSpiritt, NAA, Program Co-Chair, Centerville, MA
Host Announcements:
Elizabeth Neumeier, NAA, Host Chair of the Fun Committee, Gloucester, MA
9:00 a.m. - 10:15 a.m.
PLENARY SESSION
The College Athlete and the Winds of Change
Since its creation more than a century ago, the NCAA has prohibited collegiate athletes from receiving compensation for their participation in collegiate athletics. Until 2021, “student athletes” were also not permitted to monetize any aspect of their name, image or likeness, yet billions in profits have resulted from the athletic prowess of unpaid college athletes. Now, the question of whether certain college athletes should be treated as employees has once again been placed front and center both by the United States Supreme Court with its decision in NCAA vs. Alston and the prosecutorial perspective of the general counsel of the National Labor Relations Board. What does this mean for college athletics going forward? Are student athletes employees? Would defining college athletes as employees wreak havoc on the infrastructure of a university's educational system and resources? How might the field of arbitration be impacted? To discuss these momentous issues is a distinguished panel.
Moderator:
Mark Gaston Pearce, NAA, Washington, D.C.
Speakers:
Jennifer Abruzzo, General Counsel, National Labor Relations Board, Washington, D.C.
Michael “Mike” Bennett, J.D. Candidate, Howard Univ., football All-American & Big 10 honors, Columbus, OH
Joshua Nadreau, Vice Chair, Labor Relations Group, Fisher & Phillips, LLP Boston, MA
10:15 a.m. - 10:30 a.m.
TRANSITION BREAK
10:30 a.m. - 11:45 a.m.
CONCURRENT SESSION
Hot Topics in Police Arbitration: Where are we? Where are we going?
A panel of former police officers who are now NAA arbitrators in the US, a Canadian advocate and labor and management advocates representing the City of Springfield, Massachusetts will discuss scenarios representing true issues that have arisen in the law enforcement community. The moderator will present questions and scenarios for comments from the panel and the audience. The audience will be able to submit questions in writing that will be collected, screened and presented during the meeting.
Moderator:
Timothy S. Taylor, NAA, Pittsfield, MA
Speakers:
Kevin Coyle, Southborough, MA
Micheal Falvo, NAA, Detroit, MI
Caroline “Nini” Jones, Esq., Jones Pearce LLP, Toronto, ON
William Mahoney, Esq., Director of Human Resources and Labor Relations, Springfield, MA
Sean J. Rogers, NAA, Leonardtown, MD
10:30 a.m. - 11:45 a.m.
CONCURRENT SESSION
Mandatory Employment Arbitration and Class Action Waivers: Heaven or Hell
The panelists will discuss the pros and cons of mandatory employment arbitration clauses and the class action waivers that often accompany those clauses. Find out what can or should happen in mass employment arbitration cases involving hundreds of claimants bringing arbitration claims.
Moderator:
Mark L. Irvings, NAA, Brookline, MA
Speakers:
Shannon Liss-Riordan, Esq., Lichten & Liss-Riordan, Boston, MA
Donald Schroeder, Esq., Foley & Lardner LLP, Boston, MA
10:30 a.m. - 11:45 a.m.
CONCURRENT SESSION
Generative A.I. and Labor Arbitration – As the Case Develops, at the Hearing, and on the Arbitrator's Desk
Technology has changed the world of work many times over. Artificial intelligence – especially generative A.I. like ChatGPT – feels different. These developing technologies not only impact labor and management in the workplace but have the potential to alter the process of labor arbitration itself, both in the hearing room and at the arbitrator's desk. Please join our panel of academics, arbitrators, and labor and management practitioners as we frame and discuss these cutting-edge issues, from substantive disputes under collective bargaining agreements to advocates’ use of A.I. at and after the hearing to whether and how generative A.I. may be relevant to an arbitrator’s practice. The goal is for attendees to leave the session with more understanding about generative A.I.,and be prepared to address these issues in arbitration. (Program description is 100% human generated.)
Moderator:
Keith D. Greenberg, NAA, North Bethesda, MD
Speakers:
Nicole "Nikki" Horberg Decter, Segal Roitman, LLP, Boston, MA
Adam S. Forman, Epstein Becker & Green, P.C., Detroit, MI
Thomas A. Kochan, NAA, Boston, MA
John Paul MacDuffie, The Wharton School, The University of Pennsylvania, Philadelphia, PA
11:45 a.m. - 12:00 p.m.
TRANSITION BREAK
12:00 p.m. - 1:30 p.m.
DISTINGUISHED SPEAKER LUNCHEON
In Retrospect - Northern Ireland, Baseball, and the Art of Negotiations
Senator Mitchell, former federal judge, Senate Majority Leader, and special international peace envoy during three Presidential Administrations, speaks to us about his experiences negotiating with parties during turbulent times. He reflects on what did and did not work. He shines a light on his work as the lead factfinder during the American baseball epidemic of steroid use and how the parties finally came together to attempt to resolve the problems. As a master mediator, Senator Mitchell passes on his message about his essential strategy for finding resolution between parties in dispute. The Academy gratefully acknowledges the support of the College of Labor and Employment Lawyers, and the NAA Research and Education Foundation in making this interview and recording possible.
Introduction:
William McKee, NAA, President, Denton, TX
Speaker:
George Mitchell, Former Senator and Senate Majority Leader, ME
1:45 p.m. - 3:00 p.m.
PLENARY SESSION
Emerging Collective Bargaining in Women’s Sports
This panel includes former players and/or advocates from their respective players’ associations with the National Women’s Soccer League, Women’s National Basketball and Professional Women’s Hockey League. They will discuss issues unique to Women’s Professional Sports, i.e. pay and benefit parity, including facilities and equipment, safety, and sexual harassment and how those issues have impacted or impacted their organizing and the resulting collective bargaining agreements.
Moderator:
Danielle L. Hargrove, NAA, Dallas, TX
Speakers:
Meghann Burke, Esq., Executive Director of the National Women’s Soccer League Players Association, Asheville, NC
Chris Burkett, Vice-President, League Operations for the Professional Women’s Hockey League, Toronto, ON
Jayna Hefford, Senior Vice President of Hockey Operations for the Professional Women’s Hockey League, Toronto, ON
Terri Carmichael Jackson, Executive Director of the Women's National Basketball Players Association, New York, NY
3:00 p.m. - 3:15 p.m.
TRANSITION BREAK
3:15 p.m. - 4:30 p.m.
CONCURRENT SESSION
Recurring Issues in Postal Arbitration
Representatives of management and four postal unions will address issues, both new and old, that frequently arise in arbitrations between the unions and the Postal Service. Some perennial concerns are ex parte communications, what is included in the record at arbitration, what the parties expect of arbitrators, and problems that arise when arbitrators don’t “stick to the basics”.
Moderator:
Eileen A. Cenci, NAA, Hyannis, MA
Speakers:
Jennifer Breslin, Director, Collective Bargaining & Arbitration, United States Postal Service, Washington, D.C.
Charlie Cash, Industrial Relations Director, American Postal Workers Union, AFL-CIO, Washington, D.C.
Mark Gisler, Partner, Peer, Gan and Gisler, LLP, Washington, D.C.
James D. Henry, Vice President, National Association of Letter Carriers, Garden Grove, CA
Nick Lehto, Regional Director Colorado, National Postal Mail Handlers Union, Denver, CO
3:15 p.m. - 4:30 p.m.
CONCURRENT SESSION
Let’s Learn from Each Other – Arbitration Practices in the U.S. and Canada
This session will explore differences in the arbitration hearing process between the U.S. and Canada – pre-hearing, hearing and post-hearing differences. There are many similarities during an actual hearing, but some key differences as well. Based on an actual case, counsel from both countries will explore how it would be litigated in each country and debate the pros and cons of the differences. This session poses the question: can we learn from each other?
Moderator:
Stephen Raymond, NAA, Toronto, Canada
Speakers:
Thomas M. Closson, Esq., Portsmouth, NH
Donna D’Andrea, Hicks Morley, Toronto, ON
Wassim Gazouzi, RavenLaw LLP, Ottawa, ON
Carly Iafrate, Law Office of Carly B. lafrate, PC, Providence, RI
3:15 p.m. - 4:30 p.m.
CONCURRENT SESSION
Unlocking the Potential: Pioneering Strategies in Interest Arbitration and Collective Bargaining
This session will focus on 1. Analyzing Employer's Ability to Pay: Methods to assess financial capacity, 2. Selecting Comparable Jurisdictions: Strategies for identifying relevant comparators in wage and benefit negotiations, focusing on sector-specific dynamics. 3. Total Compensation Analysis: Evaluating the complete range of employee compensation; 4. Role of Past Practice in Arbitration; 5. Handling Non-Economic Issues: approaches to resolving non-monetary aspects of labor disputes, such as work conditions, safety protocols, and job security; 6. Preparing for interest arbitration hearings; and 7. Researching and selecting an appropriate arbitrator to ensure a fair and informed arbitration process.
Moderator:
David Gaba, NAA, Seattle, WA
Speakers:
Jonathan Downes, Zashin & Rich, Columbia, OH
JC Gonzalez, NAA, Westlake Village, CA
Norm Jesin, NAA, Toronto, ON
Richard Poulson, Willig, Williams and Davidson, Philadelphia, PA
4:30 p.m. - 5:30 p.m.
Committee Meetings TBD
5:30 p.m. - 6:15 p.m.
New Member Reception
6:15 p.m. -7:00 p.m.
Comedian Jimmy Tingle
THURSDAY, May 9, 2024
8:00 a.m. - 5:00 p.m.
NAA REGISTRATION DESK
8:45 a.m. - 9:00 a.m.
OPENING REMARKS
Program/Host Announcements:
Sheila G. Mayberry, NAA, Co-Chair, Falmouth ME
Bonnie J. McSpiritt, Co-Chair, Centerville, MA
Elizabeth Neumeier, NAA, Host Chair of the Fun Committee, Gloucester, MA
9:00 a.m. - 10:15 am
PLENARY SESSION
Guns at Work
Gun violence is at record levels in the United States. No location is immune from tragedy, including the workplace. What role does arbitration play in regulating guns at work? In this program, labor and management advocates and a panel of arbitrators will consider The Case of the Hidden Handgun. At issue is the dismissal of an employee who was fired after a gun was found in his locker, contrary to a work rule prohibiting weapons on company property. Should the union's grievance challenging the dismissal be sustained? A documentary Appendix will assist in drawing lessons from the program.
Moderator:
Barry Winograd, NAA, Alameda, CA
Speakers:
Christopher J. Albertyn, NAA, Toronto, ON
Dennis M. Coyne, McDonald Lamond Canzoneri, LLC, Marlborough, MA
Desiree Murphy, Senior Legal Counsel for Labor and Employment for CVS Health, Shrewsbury, MA
Alfred Gordon O'Connell, Pyle Rome, Boston, MA
Alan A. Symonette, NAA, Media, PA
Arthur Telegen, Seyfarth Shaw, LLP, Boston, MA
Samantha E. Tower, NAA, Media, PA
Pilar Vaile, NAA, Yuma, CO
10:15 a.m. -10:30 a.m.
TRANSITION BREAK
10:30 a.m. - 11:45 a.m.
CONCURRENT SESSION
Can Employees Say That??
This session examines ways in which social media (interactive technologies that facilitate the creation and sharing of information, ideas, interests, and other forms of expression through virtual communities and networks such as Facebook, Twitter, Instagram, WhatsApp, email) can impact employment matters in the U.S. and Canada. The presenters address the use of social media as part of a disciplinary investigation, related constitutional issues, and limitations on employers and employees. The presenters also examine social media policies and how they are designed to provide guidelines and requirements for your organization's social media use as well as how employees use social media, both personally and professionally. Relevant case law and arbitrations involving social media will be discussed.
Moderator:
Jerry B. Sellman, NAA, Columbus, OH
Speakers:
Jonathan J. Downes, Esq., Zashin and Rich, Columbus, OH
Larry H. James, Amundsen Davis LLC, Columbus, OH
Gordon F. Luborsky, NAA, Stouffville, ON
10:30 a.m. - 11:45 a.m.
CONCURRENT SESSION
De-escalation: Preventing and Interrupting Abuse and Violence at Work
In too many workplaces, tense situations escalate to violence. In others, harmful and inappropriate behaviors are overlooked, and employees’ concerns are dismissed. This session presents communication and de-escalation strategies to interrupt these situations before they escalate. Participants will identify strategies for maintaining safety and wellbeing for themselves and others.
Moderator:
Elizabeth Neumeier, NAA, Gloucester, MA
Speaker:
Meg Stone, Executive Director, IMPACT Boston, Cambridge, MA
10:30 a.m. - 11:45 a.m.
CONCURRENT SESSION
Below the Wing – A New Model of Arbitration for Employees Outside the Cabin and Cockpit
The employees who move the luggage and cargo, clean the cabins, stock the galleys, staff the gates and terminals, and perform all the other jobs that ensure the airline can effectively operate are the focus. Panelists will discuss issues and resolution, trends, and dispute resolution processes.
Moderator:
Brian Clauss, NAA, Park Ridge, IL
Speakers:
Jerry McCrummen, Transportation Workers Union, Local 555, 1st Vice President, Mesquite, TX
Jennifer Traylor, Southwest Airlines, Director Labor Administration, Dallas-Fort Worth, TX
12:00 p.m. - 1:30 p.m.
PRESIDENTIAL LUNCHEON
William McKee, NAA President, Denton, TX
1:30 p.m. - 1:45 p.m.
TRANSITION BREAK
1:45 p.m. - 3:00 p.m.
CONCURRENT SESSION
What Would You Do?
This panel is modeled after the monthly NAA Continuing Education Committee’s “What Would You Do?” session. The panel will discuss 2-4 hypotheticals in a round robin format with distinguished arbitrator Arnold Zack moderating. The arbitrators on the panel will offer their positions first and the advocates will follow.
Moderator:
Arnold M. Zack, NAA, Boston, MA
Speakers:
Gary David Altman, NAA, Brookline, MA
Katherine Hesse, Murphy, Hesse, Toomey & Lehane, LLP, Milton, MA
Susan L. Stewart, NAA, Toronto, ON
Elizabeth Wiens, Gursky Wiens & Shanley, Warwick, RI
1:45 p.m. - 3:00 p.m.
CONCURRENT SESSION
Determining the Decision Maker: Navigating the Arbitrator Selection Process (Followed by Tea and Coffee Reception)
Management and Union advocates will discuss the factors that lead them to pick arbitrators for their cases and what leads them to avoid or drop arbitrators. Representatives from American Arbitration Association, Federal Mediation and Conciliation Services, National Mediation Board, and the Labor Relations Connection will provide their perspectives followed by questions from the audience.
Moderator:
David Weinberg, NAA, Mill Valley, CA
Speakers:
Frank Binda, Assistant Vice President of Labor, American Arbitration Association, Johnston, RI
Terri Brown, Director, Office of Arbitration Services, National Mediation Board, Washington, D.C.
Elizabeth Guerra, Field Representative, American Federation of Teachers, Rocky Hill, CT
Michael Maccaro, Esq., Murphy, Hesse, Toomey & Lehane, LLP, Braintree, MA
Arthur Pearlstein, Esq., Director of Arbitration, Federal Mediation and Conciliation Service, Washington, D.C.
Jan Teehan, Director, Labor Relations Connection, East Sandwich, MA
3:00 p.m. - 4:00 p.m.
Committee Meetings TBD
5:30 p.m.
Reception
FRIDAY, May 10, 2024 (Members Only)
8:45 a.m. - 9:15 a.m.
Honorary Life Member, 25- & 40-Year Members, and New Members
9:15 a.m. - 10:30 a.m.
PLENARY SESSION
Ethics for Arbitrators, Applying the Code to an Evolving Landscape of Issues
The panel and audience will discuss several issues involving an arbitrator’s ethical conduct. The issues include several scenarios involving the ethics of resigning from a case, speaking with the journalists, providing ex-parte advice, and employing interns.
Moderator:
Ezio Borchini, NAA, Bethesda, MD
Speakers:
Walt De Treux, NAA, Philadelphia, PA
Lise G. Gelernter, NAA, Amherst, NY
Andree Y. McKissick, NAA, Chevy Chase, MD
Jeanne M. Vonhof, NAA, Chicago, IL
10:30 a.m. - 10:45 a.m.
TRANSITION BREAK
10:45 a.m. – 12:00 p.m.
CONCURRENT SESSION
Using Symbols of Intolerance to Teach Tolerance
A discussion of how the past influences our current beliefs and behavior.
The program will open with racist cartoons and advertising and interviews with advocates and arbitrators to show how our present thinking and behavior has deep roots in the past. A panel of the NAA DEIB Committee from New England (NE DEIB) will field questions and comments from the audience discussing their feelings and impressions from the videos and their life experiences. The program will be audience centered and driven rather than panel centered.
Moderator:
John C. Alfano, NAA, Avenue, MD
Speakers:
Sarah Kerr Garraty, NAA, South Dartmouth, MA
Susan E. Halperin, NAA, Hartford, CT
Stef Nelson, University of Rhode Island, Ass’t. Dir. College of Business, Providence, RI
Mary Ellen Shea, NAA, Amherst, MA
Betty Rankin Widgeon, NAA, Ann Arbor, MI
10:45 a.m. – 12:00 p.m.
CONCURRENT SESSION
The Top 5 Things You Need to Know About Federal Sector Practice
The one area of practice which never seems to shrink is the federal sector. While many arbitrators shy away from the practice for a myriad of reasons, just as many are taking it on as a method of growing our practices. This session will focus on both the business/practical side (listing on the System for Award Management, the contracting process and making sure you get paid, challenges with the parties’ relationships), as well as the substantive side (understanding the nuances of master agreements, special arbitrability issues, the scope of review of awards under the FLRA, issues with the Back Pay Act).
Moderator:
Mark C. Travis, NAA, Cookeville, TN
Speakers:
Haydee Rosario, NAA, Bronx, NY
M. David Vaughn, NAA, Clarksville, MD
12:00 p.m. - 1: 00 p.m. (For those who want to brown bag their lunch.)
THE FUTURE OF THE CHRONICLE
A discussion about the NAA’s Chronicle: What it has done in the past and whether it is meeting the Academy’s needs and expectations. How to develop more participation in developing and writing on topics for coverage; how to gain authors for regular columns; how to standardize the writing style; whether it should be solely online versus printed, whether The Chronicle is necessary at all?
Moderator:
James S. Cooper, Managing Editor, Woonsocket, RI
Speakers:
Stephen Douglas Bonney, Assistant Managing Editor, Kansas City, MO
Walt De Treux, Former Managing Editor, Philadelphia, PA
Howard G. Foster, Former Managing Editor, Williamsville, NY
Benjamin A. Kerner, Assistant Managing Editor, Ann Arbor, MI
Kathryn A. VanDagens, Former Managing Editor, Lansing, MI
Arnold M. Zack, Former Managing Editor, Boston, MA
Daniel G. Zeiser, Former Managing Editor, Cleveland, OH
12:00 p.m. - 1:00 p.m.
LUNCH ON YOUR OWN
1:00 p.m.-3:30 p.m.
ANNUAL BUSINESS MEETING (Members Only)
3:30 p.m.
BOG MEETING
|
