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. Page 1 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 Page 2 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: Page 3 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 Page 4 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 Page 5 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 Page 9 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 Page 11 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 Page 14 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 Page 16 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 Page 18
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