WEDNESDAY, April 30, 2025
8:30 a.m. - 4:30 p.m.
BOARD OF GOVERNORS MEETING
Congress - Assembly Row (Mezzanine Level)
8:00 a.m. - 12:00 p.m.
NEW MEMBER ORIENTATION
Senate - Assembly Row (Mezzanine Level)
12:00 p.m. - 1:00 p.m.
NEW MEMBER LUNCHEON (By Invitation Only)
Parliament - Assembly Row (Mezzanine Level)
5:00 p.m. – 7:00 p.m.
PRESIDENT’S OPENING RECEPTION AND NEW MEMBER WELCOME
Garden (Lobby Level)
THURSDAY, May 1, 2025
8:30 a.m. - 9:00 a.m.
MORNING COFFEE
Spanish Foyer (Lobby Level)
8:45 a.m. - 9:00 a.m.
WELCOME & INTRODUCTORY REMARKS
Spanish Ballroom (Lobby Level)
Land Acknowledgement
Alan Symonette, NAA President, Media, PA
Welcome and Blessing
Duwamish (dxʷdəwʔabš) Tribal Members
Cecile Hansen - Tribal Council Chairwoman, 1975 - present Great-great-grand niece of Chief Si 'ahl ("Chief Seattle")
Ken Workman, President, Duwamish Tribal Services, Council Member
Presidential Remarks:
Alan Symonette, NAA President, Media, PA
Program Announcements:
Sylvia Skratek, NAA, Tri-Chairs, Seattle Committee, Seattle, WA
David A. Weinberg, NAA, Tri-Chairs, Seattle Committee, Mill Valley, CA
Elizabeth Wesman, NAA, Tri-Chairs, Seattle Committee, Camas, WA
9:00 a.m. - 10:15 a.m.
PLENARY SESSION - GOING AWOL: ARBITRATION WITHOUT LAWYERS
Spanish Ballroom (Lobby Level)
Labor arbitration has long been a cornerstone of workplace dispute resolution, offering a unique approach that prioritizes fairness, efficiency, and the long-term relationship between labor and management. Historically, arbitration advocacy was often performed by nonlawyers from within the labor-management relationship, emphasizing the collaborative and practical nature of the process. Over time, attorneys have become more involved in labor arbitration, bringing their expertise and perspective to the field.
This session revisits the valuable role of nonlawyer advocates, both past and present, and explores how their contributions continue to complement the work of legal professionals. Designed to appeal to a broad audience of labor arbitrators, experienced advocates, and those new to arbitration advocacy, this plenary will highlight the benefits of empowering nonlawyers to take on advocacy roles in arbitration. It will also consider how their participation strengthens the collaborative spirit of labor arbitration and fosters enduring labor-management relationships.
Join our panel of experienced practitioners who will share their insights, challenges, and success stories. This session will set the stage for the breakout workshops that follow, which will provide practical training on skills essential for effective advocacy in labor arbitration, including preparing for hearings, examining witnesses, and drafting post-hearing briefs. At the conclusion of these sessions participants who have attended all four sessions will receive an NAA Certificate of Completion.
Whether you are a seasoned arbitrator, a legal professional, or a prospective advocate, this plenary will inspire fresh perspectives on the evolving dynamics of labor arbitration and equip you with tools to adapt to its changing landscape.
Moderator:
Richard Bales, NAA, Lima, OH
Speaker:
David Garcia, San Francisco Municipal Transit Agency
Robert Warden, Northwest Mountain FAA
Jennifer Whyte, Representative Power Workers’ Union
Peter Wilson, TWU Local 250-A
10:30 a.m. - 11:45 a.m.
PLENARY SESSION - HOW DIFFERENT STANDARDS FOR POST ARBITRATION REVIEW CAN AFFECT HOW CASES ARE LITIGATED AND DECIDED
Spanish Ballroom (Lobby Level)
What happens to the case after the arbitration decision? Should arbitrators care? Should it affect the arbitration process?
Moderator:
Daniel Silverman, NAA, Falls Village, CT
Speakers:
Louis DiLorenzo, Co-Managing Partner, Bond, Schoenech, & King, New York, NY
Ernest DuBester, Former FLRA Chair
Dmitri Iglitzin, Esq., Barnard, Iglitzin & Lavitt, LLP
Ira F. Jaffe, NAA, Potomac, MD
Materials:
NAA arbitration deferral draft.pdf
NAA SALON HANDOUT.pdf
12:00 p.m. - 1:15 p.m.
DISTINGUISHED SPEAKER LUNCHEON - IMPORTANCE OF CIVILITY IN DISPUTE RESOLUTION
Garden (Lobby Level)
Introduction:
Alan Symonette, NAA, Media, PA
Speaker:
Cynthia Nance, Dean of University of Arkansas School of Law; President College of Labor & Employment Lawyers
1:30 p.m. - 2:45 p.m.
CONCURRENT SESSION -ARTIFICIAL INTELLIGENCE IN ARBITRATION: A CAUTIOUS APPROACH
Spanish Ballroom (Lobby Level)
What do NAA members and advocates think about the use of artificial intelligence in labor arbitration? How will AI impact the labor and employment arbitration profession? Will modification of the Code of Professional Responsibility be necessary? Presentations will summarize the results of the recent AI survey of NAA members and advocates and other findings of the NAA AI Study Group, which was assisted in its deliberations by representatives from AAA, FMCS, Cornell, and Penn State. With all the attention being paid to the use of AI, the Academy and appointing organizations will need to decide if they should take a stand.
Moderator:
William McKee, NAA, Denton, TX
Speakers:
Diana Didia, Senior Vice-President and Chief Information and Innovation Officer, AAA International Centre for Dispute Resolution, New York, NY
Keith Greenberg, NAA, Montgomery City, MD
Professor Harry Katz, Jack Sheinkman Professor, Director, Scheinman Institute on Conflict Resolution, ILR School, Cornell University, Ithaca, NY
Thomas Kochan, NAA, Jamaica Plain, MA
Arthur Pearlstein, Esq., Arbitrator and Mediator, Former Director of Arbitration, Federal Mediation and Conciliation Service, Washington, D.C.
Matthew Wilson, NAA, Whitby, ON
Materials:
NAA Seattle Conference Survey Summary.pdf
AAA AI Journey.pdf
NAA AI Report - Final.pdf
DRAFT A.I. Study Group Analysis on the Application of the Code.pdf
1:30 p.m. - 2:45 p.m.
CONCURRENT SESSION - TURBULENCE IN THE SKIES
Metropole Room (Lobby Level)
A panel of experienced advocates and arbitrators will discuss current and often controversial issues arbitrated in the airline industry. How is the unpredictable and sometimes even volatile atmosphere in the sky reflected in the issues presented to a system board of arbitration?
Moderator:
Margie Brogan, NAA, Philadelphia, PA
Speakers:
Walt De Treux, NAA, Philadelphia, PA
Eric Mennel, Director Labor Relations United Airlines
Mark R. Myers, Director, Pilot Negotiations and Contract Administration, APA
|Maranda Rosenthal, Managing Director, Assoc. General Counsel, American Airlines
Peter Swanson, Senior Staff Attorney, Assoc. of Flight Attendants-CWA
Materials:
Turbulence in the Skies Materials.pdf
1:30 p.m. - 2:45 p.m.
CONCURRENT SESSION - AWOL ADVOCACY SESSION A
(FOR NON-LAWYER ADVOCATES AND ATTORNEYS NEW TO LABOR ARBITRATION)
Congress - Assembly Row (Mezzanine Level)
Case Selection, Arbitrability, Burdens of Proof, and Hearing Prep (Attendees at all four Advocacy sessions will receive an NAA Certificate of Completion)
Speakers:
Richard Bales, NAA, Lima, OH
Sylvia Skratek, NAA, Seattle, WA
Charlene MacMillan, Arbitrator, Bellevue, WA
Page Todd, Arbitrator, Vancouver, WA
Materials:
GOING AWOL.pdf
3:00 p.m. - 4:15 p.m.
CONCURRENT SESSION - OFF-DUTY MISCONDUCT IN THE PUBLIC SECTOR
Spanish Ballroom (Lobby Level)
Off-duty misconduct by public sector employees is a critical area of focus in arbitration, as it balances the individual's right to privacy with the employer's interest in maintaining public trust and workplace integrity. Arbitrators assess whether the off-duty behavior has a nexus to the employment relationship, such as harming the employer's reputation, undermining workplace harmony, or breaching ethical standards expected of public servants. In our session, our panel will examine both the nature of the nexus between off-duty conduct and the employment relationship as well as the current state of arbitral law involving off-duty misconduct.
Moderator:
Heidi B. Hackman Parker, Hackman Parker, LLC, Orlando, FL
Speakers:
Jerry Marzullo, Asher, Gitler & D'Alba., Ltd.
Melissa Sobota, Management Attorney, Franczek P.C.
Materials:
Off-Duty Misconduct in the Public Sector.pdf
3:00 p.m. - 4:15 p.m.
CONCURRENT SESSION - THE ENDURING LEGACY OF THE STEELWORKERS TRILOGY
Metropole Room (Lobby Level)
1960 was a period of big labor, big industry, railroads, and Big Steel. In that climate, the Supreme Court issued a trio of decisions that settled major questions about the nature – and power – of labor arbitration. The nickname, the Steelworkers Trilogy, stuck and it has been law since then. United Steelworkers of America v. American MFG. Co., United Steelworkers of America v. Enterprise Wheel & Car Corporation and United Steelworkers of America v. Warrior & Gulf Navigation Company wrote the law that supported arbitration as the accepted form of dispute resolution in a collective bargaining environment. The Trilogy also gave us key principles to govern arbitration: the importance of the “common law of the shop,” “system of self-government,” and substituting “peaceful settlement for the older regime of industrial conflict.” 1960 was a long time ago, but the important questions are still with us. Why do we arbitrate? Can we challenge a decision and, if yes, how? What happens in an arbitration that might give an unhappy party a reason to challenge this system and how arbitrators can avoid pushing the hot buttons.
Moderator:
Thomas Levak, NAA, Portland, OR
Speakers:
Paula A. Barran, Management Attorney, Barran Liebman LLP
Michael J. Tedesco, Union Attorney, Tedesco Law Group
3:00 p.m. - 4:15 p.m.
CONCURRENT SESSION - AWOL ADVOCACY SESSION B
(FOR NON-LAWYER ADVOCATES AND ATTORNEYS NEW TO LABOR ARBITRATION)
Congress - Assembly Row (Mezzanine Level)
Witnesses (Prep, Credibility, Cross Examination)
(Attendees at all four Advocacy sessions will receive an NAA Certificate of Completion)
Speakers:
Richard Bales, NAA, Lima, OH
Sylvia Skratek, NAA, Seattle, WA
Charlene MacMillan, Arbitrator, Bellevue, WA
Page Todd, Arbitrator, Vancouver, WA
Materials:
GOING AWOL.pdf
4:15 p.m. - 5:15 p.m.
COMMITTEE MEETING - AI STUDY GROUP
Council - Assembly Row (Mezzanine Level)
4:15 p.m. - 5:15 p.m.
COMMITTEE MEETING - OUTREACH
Senate - Assembly Row (Mezzanine Level)
4:15 p.m. - 5:15 p.m.
MEETING - REGIONAL CHAIRS
Parliament - Assembly Row (Mezzanine Level)
FRIDAY, May 2, 2025
8:30 a.m. - 9:00 a.m.
MORNING COFFEE
Spanish Foyer (Lobby Level)
8:45 a.m. - 9:00 a.m.
WELCOME & INTRODUCTORY REMARKS
Spanish Ballroom (Lobby Level)
Presidential Remarks:
Alan Symonette, NAA President, Media, PA
Program Announcements:
Sylvia Skratek, NAA, Tri-Chairs, Seattle Committee, Seattle, WA
David A. Weinberg, NAA, Tri-Chairs, Seattle Committee, Mill Valley, CA
Elizabeth Wesman, NAA, Tri-Chairs, Seattle Committee, Camas, WA
9:00 a.m. - 10:15 am
PLENARY SESSION - THE INTERNATIONAL LABOUR ORGANIZATION (ILO) AND ITS GLOBAL IMPLEMENTATION OF CORE CONVENTIONS
Spanish Ballroom (Lobby Level)
A broad analysis/background of core ILO Conventions adopted worldwide. An international panel of experts will focus on the rationale and implementation of Convention 190, ILO expectations, ILO assistance, successes, and challenges. The panel will focus on access to remedies for complaints of workplace harassment and bullying specifically regarding sexual harassment. A comparative look at countries with excessive complaints of workplace harassment/sexual harassment and their adoption of different approaches to dealing with complaints.
Moderator:
Hilary Mofsowitz, NAA, New York, NY
Speaker:
Valentina Beghini, International Labour Organization, Legal Specialist, Violence, Harassment and Non-Discrimination Gender, Equality, Diversity and Inclusion Branch, Switzerland
Robin Runge, Distinguished Professorial Lecturer in Law, The George Washington University School of Law, Washington D.C.
Tanya Venter, Tokiso Dispute Settlememnt (Pty) Ltd., South Africa
Materials:
Slides for April 2025 ILO C190.pdf
C190_Beghini_NAA USA_2025_Draft.pdf
10:30 a.m. - 11:45 a.m.
CONCURRENT SESSION - ARBITRATION OR COURT SUIT - WHICH IS BETTER FOR EMPLOYEES?
Metropole Room (Lobby Level)
Many people believe that arbitration is second-class justice in which employees seldom prevail. Our study comparing the results of AAA employment arbitration and federal court litigation found:
- Employees win more often in arbitration than in court litigation;
- Employees receive justice in arbitration more quickly;
- Employees are able to bring cases to arbitration that are too small to litigate;
- Employees receive larger awards in court litigation than in arbitration.
We are sharing our research with Congress in order to persuade them that employment arbitration should be preserved and reformed, not eliminated.
Moderator:
Rosemary Pye, NAA, Chevy Chase, MD
Speakers:
Theodore St. Antoine, NAA, Cambridge, MA
Lewis Maltby, President, National Workrights Institute
Materials:
NAA PP Arb. or Court Suit.pdf
NAA Report Final.pdf
10:30 a.m. - 11:45 a.m.
CONCURRENT SESSION – POISONED AND FRAUGHT WORKPLACES - A RESTORATIVE APPROACH
Spanish Ballroom (Lobby Level)
How do employers and unions restore respectful, trusting working relationships after a period in which relationships have broken down, collectively between a union and management, or individual through bullying and harassment in the workplace? International experts will present a worldwide perspective of work/successes/challenges in this fascinating area of awareness and change; a deep dive into techniques used that show successes and lessons learned.
Moderator:
Christopher J. Albertyn, NAA, Toronto, ON
Speakers:
Charles Nupen, StratAlign, Johannesburg, South Africa (Participating via Zoom)
Jennifer Pernfuss, Respect: Conciliation & Education, Toronto, ON
Thivya Rakini, Tamil Nadu Textile and Common Labour Union (TTCU) Dindigul, Tamil Nadu (Participating via Zoom)
10:30 a.m. - 11:45 a.m.
CONCURRENT SESSION - AWOL ADVOCACY SESSION C (FOR NON-LAWYER ADVOCATES AND ATTORNEYS NEW TO LABOR ARBITRATION|
Congress - Assembly Row (Mezzanine Level)
Evidence/Objections; Past Practice
(Attendees at all four Advocacy sessions will receive an NAA Certificate of Completion)
Speakers:
Richard Bales, NAA, Lima, OH
Sylvia Skratek, NAA, Seattle, WA
Charlene MacMillan, Arbitrator, Bellevue, WA
Page Todd, Arbitrator, Vancouver, WA
Materials:
GOING AWOL.pdf
12:00 p.m. - 1:30 p.m.
PRESIDENTIAL LUNCHEON
Garden (Lobby Level)
Introduction:
Margie Brogan, NAA, Philadelphia, PA
Speaker:
Alan Symonette, NAA, Media, PA
1:30 p.m. - 2:45 p.m.
CONCURRENT SESSION - THE PATH FORWARD: INCREASING THE INCLUSION AND SELECTION OF DIVERSE NEUTRALS IN THE ADR FIELD
Spanish Ballroom (Lobby Level)
A roundtable discussion among ADR experts and scholars with a wealth of experience in the recruitment, development and selection of neutrals will discuss the various initiatives they have undertaken to increase the inclusion and selection of diverse neutrals on the rosters of arbitrators and mediators. The roundtable will also explore the challenges involved in the implementation of DEI initiatives throughout the United States and Canada.
Moderators:
Hilary Mofsowitz, NAA, New York, NY
Haydee Rosario, NAA, Bronx, NY
Speakers:
Koml Kandola, Arbitrator, President of the Arbitrators Association of British Columbia (Participating via Zoom)
Homer La Rue, NAA, Columbia, MD
Sarah Miller-Espinosa, NAA, Alexandria, VA
Paul Roose, NAA, Oakland, CA
Materials:
DEI_Guidance.pdf
What Comes After DEI.pdf
1:30 p.m. - 2:45 p.m.
CONCURRENT SESSION - THE FUTURE OF THE POSTAL SERVICE
Metropole Room (Lobby Level)
The discussion will center on the potential impact of the new administration on the future of the Postal Service and best practices for arbitration hearing.
Moderator:
Ruben Armendariz, NAA, Fair Oaks Ranch, TX
Speaker:
Jennifer Breslin, Director, Collective Bargaining & Arbitration, United States Postal Service, Washington, D.C.
Mark Gisler, Esq., Partner, Peer, Gan and Gisler, LLP, Washington, D.C.
Nick Lehto, Regional Director Colorado, National Postal Mail Handlers Union, Denver, CO
Daniel Toth, Director, Retired Members, National Association of Letter Carriers, AFL-CIO
1:30 p.m. - 2:45 p.m.
CONCURRENT SESSION - AWOL ADVOCACY SESSION D (FOR NON-LAWYER ADVOCATES AND ATTORNEYS NEW TO LABOR ARBITRATION)
Congress - Assembly Row (Mezzanine Level)
Oral Closings/Written Arguments
(Attendees at all four Advocacy sessions will receive an NAA Certificate of Completion)
Speakers:
Richard Bales, NAA, Lima, OH
Sylvia Skratek, NAA, Seattle, WA
Charlene MacMillan, Arbitrator, Bellevue, WA
Page Todd, Arbitrator, Vancouver, WA
Materials:
GOING AWOL.pdf
3:00 p.m. - 4:15 p.m.
FIRESIDE CHAT WITH SHYAM DAS AND KATHLEEN MILLER
Garden (Lobby Level)
Interviewer:
Samantha Tower, NAA, Media, PA
Interviewees:
Shyam Das, NAA, Media, PA
Kathleen Miller, NAA, Media, PA
4:30 p.m. - 5:30 p.m.
MEETING - RESEARCH AND EDUCATION FOUNDATION
Parliament - Assembly Row (Mezzanine Level)
4:30 p.m. - 5:30 p.m.
COMMITTEE MEETING - TASK FORCE ON THE MEMBERSHIP OF INTERNATIONAL NEUTRALS
Council - Assembly Row (Mezzanine Level)
4:30 p.m. - 5:30 p.m.
MEETING - SOUTHWEST ROCKIES REGION
Senate - Assembly Row (Mezzanine Level)
SATURDAY, May 3, 2025
8:30 a.m. - 9:00 a.m.
MORNING COFFEE
Spanish Foyer (Lobby Level)
8:45 a.m. - 9:00 a.m.
WELCOME & INTRODUCTORY REMARKS
Spanish Ballroom (Lobby Level)
9:00 a.m. - 10:15 a.m.
CONCURRENT SESSION - ARBITRATOR-LED MEDIATION: CANADIAN PRACTICE AND AMERICAN POSSIBILITIES
Metropole Room (Lobby Level)
Canadian arbitrators routinely wear two hats, slipping into mediator-mode in the midst of a proceeding at a pivotal moment, or even starting with mediation at the outset of the arbitration hearing. In Canada, these practices are widely supported by the community albeit not without some controversy. In the USA, not so much. This panel includes experienced practitioners who will assess the state of arbitrator-led mediation in Canada and the USA, and how American arbitral practice could evolve to add more of a mediation component.
Speakers:
Jules Bloch, NAA, Toronto, ON
Jeanne Charles, NAA, Pembroke Pines, FL
Amanda Rogers, Arbitrator-Mediator, Vancouver, BC
9:00 a.m. - 10:15 a.m.
CONCURRENT SESSION - WHAT DO THE PARTIES WANT FROM THE NEUTRALS?
Spanish Ballroom (Lobby Level)
Discussion of the impact of common and not-so-common areas where arbitrators' practices vary. Examples include scheduling, pre-hearing matters, management of the hearing, evidentiary rulings, decision brevity/length, mediating before/during/after the hearing, and other areas of interest. Audience participation will be encouraged.
Moderator:
Luella Nelson, NAA, Portland, OR
Speakers:
Kristina Hillman, Weinberg, Roger & Rosenfeld
David Worley, Miller Nash
Materials:
What the Parties Want.pdf
10:30 a.m. – 11:45 a.m.
CONCURRENT SESSION - AGENCY: HOW DO I GET ON LISTING AGENCY PANELS, AND THEN HOW DO I GET SELECTED?
Metropole Room (Lobby Level)
Moderator:
David Weinberg, NAA, Mill Valley, CA
Speakers:
Christine Newhall, Senior Vice President, American Arbitration Association, Boston, MA
Arthur Pearlstein, Esq., Arbitrator and Mediator, Former Director of Arbitration, Federal Mediation and Conciliation Service, Washington, D.C.
10:30 a.m. – 11:45 a.m.
CONCURRENT SESSION - ARBITRATOR ETHICS IN SOCIAL AND TRADITIONAL MEDIA
Spanish Ballroom (Lobby Level)
The days of dedicated labor writers are mostly behind us, with journalists now covering issues they may not fully grasp. As the National Academy of Arbitrators works to enhance the understanding of arbitration, correct common misconceptions in the media and communicate the vital role of arbitration in labor dispute resolution to the public, we invite you to attend a session that will sharpen your skills in crafting impactful messages for both the media and the broader public.
Led by our Media and Communications Strategy Committee, alongside our partners at Common Ground Public Relations, this session will provide you with tools to effectively communicate the Academy’s messages while maintaining your neutrality and professionalism. Whether you are personally engaging with the media or simply want to understand how the Academy is addressing these challenges on behalf of the industry, this session is essential for all involved in the field.
You will walk away with practical tools, including a messaging map, which will help you navigate complex, high-stakes discussions with confidence. We’ll cover key topics such as:
- Developing and maintaining clear, consistent messaging
- Staying on message during interviews and public speaking engagements
- Projecting confidence and credibility through body language
- Communicating during crises or controversial situations
- Applying techniques through case studies and simulations
Join us for an engaging learning experience that will empower you to speak confidently, strategically and professionally on behalf of the arbitration community.
Moderator:
Andrea Dooley, NAA, Oakland, CA
Speaker:
Denise Bentele, Common Ground Public Relations, St. Louis, MO
Materials:
For NAA 2025 social_media_revisited.pdf
12:00 p.m. - 1:00 p.m.
LUNCH ON YOUR OWN
Spanish Ballroom (Lobby Level)
Showing of The Last Labor Guild video. This is the story of the Boston Labor Guild, which is the last operating worker school of more than 100 during the Depression. It is both an historical record and a template for other communities to educate workers about effective labor relations and the administration of local unions. Financed by the NAA’s Research and Education Foundation.
1:00 p.m. - 3:00 p.m.
MEMBER RECOGNITIONS FOLLOWED BY ANNUAL BUSINESS MEETING (Members Only)
Spanish Ballroom (Lobby Level)
New Members, 25- & 40-Year Members, and Honorary Life Members
3:00 p.m.
2025 - 2026 BOARD OF GOVERNORS MEETING
Congress - Assembly Row (Mezzanine Level)