On-Site Program Agenda

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Tuesday, September 28, 2021 1:00 p.m. – 5:00 p.m. .................................................... NAA Registration Desk California Ballroom Foyer (Lobby Level)

Wednesday, September 29, 2021

8:00 a.m. – 5:00 p.m. .................................................... NAA Registration Desk California Ballroom Foyer (Lobby Level) 7:30 a.m. – 12:00 p.m. .............................................. New Member Orientation Promenade Ballroom (Lobby Level) 8:30 a.m. – 5:00 p.m. .......................................................... Board of Governors Pacific I & II (Lobby Level) 12:00 p.m. – 1:30 p.m. ................................................. New Member Luncheon (Invitation Only) Sinder Lounge (Lobby Level - Outside) 1:00 p.m. – 5:00 p.m. ............................... Employment Arbitration Bootcamp Sierra (Lobby Level)

EMPLOMENT ARBITRATION BOOTCAMP

The NAA’s Employment Arbitration Committee will be offering an Employ-ment Arbitration Bootcamp. The program will cover the basic statutory/contractual concepts of employment arbitration; case management, including pre-hearing conferences, forms of discovery, dispositive motions; conducting the hearing, case evaluation, forms of relief, and ethical considerations. The program will be free of charge to members and non-members thanks to a grant from the NAA’s Research and Education Foundation.

Presenters:

Norman Brand, NAA Thomas F. Gibbons, NAA San Francisco, CA Chicago, IL

Richard D. Fincher, NAA John E. Sands, NAA Paradise Valley, AZ Roseland, NJ

6:00 p.m. – 7:30 p.m. ................................... President’s Welcoming Reception Sinder Lounge (Lobby Level - Outside)

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Thursday, September 30, 2021

8:00 a.m. – 5:00 p.m. ..................................................... NAA Registration Desk California Ballroom Foyer (Lobby Level) 9:00 a.m. – 6:00 p.m. ........................ 2021 Host Committee Hospitality Room Peninsula (Lower Level)

8:45 a.m. – 9:00 a.m. ............................. Welcome and Introductory Remarks California Ballroom (Lobby Level)

Daniel J. Nielsen, NAA Paul D. Roose, NAA Sara Adler, NAA Immediate Past President Program Committee Host Committee Lake Bluff, IL Chair Chair Oakland, CA Los Angeles, CA

9:00 a.m. – 10:15 a.m. ................................................................ Plenary Session California Ballroom (Lobby Level)

LABOR RELATIONS AND DISPUTE RESOLUTION IN A TIME OF SOCIAL UPHEAVAL

Over the past two years, America has undergone significant phenomena caus-ing social upheaval. First came COVID-19's pandemic and its impact both economically, socially, and politically, which continues to reverberate even to this day; second, incidents of social injustice and death sparked a series of widespread social justice movements including Black Lives Matter and #Me Too, which erupted onto city streets and dominated social and news media for months, causing a fundamental reexamination of many of our institutions and ourselves; and third, the January 6, 2021 insurrection by political extremists in our nation's capital threatened the very core of American democracy, the free election process, and laid bare deep divisions in our nation.

Because our world of labor-management relations is integral to so much of American everyday life, social upheavals have impacted and will undoubtedly continue to impact labor relations generally and our own work as arbitrators and mediators particularly, in the months and years ahead.

Moderator: Richard Bales, NAA

Mars, PA

Panelists:

Roy A. Combs Monica Guizar Fagen Friedman & Fulfrost LLP Associate General Counsel SEIU Lisa C. Demidovich Prof. Carrie Menkel-Meadow Bush Gottlieb The University of California Irvine School of Law Distinguished Jerry Fecher, J.D. And Chancellor’s Professor of Law Director, State Mediation and Political Science and Conciliation Service

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Thursday, September 30, 2021 (Continued)

10:30 a.m. – 11:45 a.m. ............................................................. Plenary Session California Ballroom (Lobby Level)

POLICING THE POLICE: ARBITRAL REVIEW OF PEACE OFFICER DISCIPLINE IN THE #BLACKLIVESMATTER ERA

In the past year, the discipline of the police has captured the public spotlight as never before. The death of George Floyd, who was killed by a Minneapolis police officer who knelt on Floyd's neck until he stopped breathing, and the organizing efforts of #BlackLivesMatter, galvanized some of the largest demonstrations in American history. According to the New York Times, in the month following Floyd's death, an unprecedented 15 to 26 million people around the country participated in demonstrations demanding changes in the way sworn personnel are held accountable for misusing deadly force -- despite the public health dangers posed by the worst pandemic in a century. This pan-el, which includes advocates and neutrals having substantial experience with public safety cases, will explore the role that arbitration can or should play in resolving disputes alleging police misconduct. Topics will include the collec-tive bargaining rights and obligations of public safety unions and government agencies; the Peace Officers' Bill of Rights; the degree of deference owed to arbitration decisions after cases such as Portland Police Association v. City of Portland, 365 P.3d 1123 (Or. Ct. App. 2015) (finding award reinstating police officer not to be against public policy), and City of Seattle v. Seattle Police Officers Guild, 484 P.3d 485 (Wash. Ct. App. 2021) (finding similar award to be against public policy); diversity, equity, inclusion, and belonging issues; misconduct standards, including out-of-policy use of force; and the future of qualified immunity for officers.

Moderator: Betty R. Widgeon, NAA

Ann Arbor, MI

Panelists: Will Aitchison Jonathan Holtzman Labor Relations Information System Renne Public Law Group Isabelle Gunning John M. True, NAA Arbitrator Berkeley, CA 12:00 p.m. ............................................ 2020 David A. Petersen Service Award Bayview Ballroom (Rooftop/Penthouse Level)

Presentation of the 2020 David A. Petersen Service Award by Past President Barry Winograd.

12:00 p.m. – 1:30 p.m. ................................. Distinguished Speaker Luncheon Bayview Ballroom (Rooftop/Penthouse Level)

Moderator: Richard I. Bloch, NAA

Washington, DC

Presenter: Sara Nelson

President AFA-CWA

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Thursday, September 30, 2021 (Continued)

1:45 p.m. – 3:00 p.m. .......................................................... Concurrent Session Promenade (Lobby Level)

POSTAL LABOR RELATIONS  

Moderators:

Nancy Hutt, NAA San Francisco, CA

Sherrie Rose Talmadge, NAA

Boston, MA

Panelists: Jennifer Breslin Don Gonzales Director, Collective Bargaining Regional Director and Arbitration USPS NPMHU Michael Gan Peer, Gan and Gisler LLP 1:45 p.m. – 3:00 p.m. .......................................................... Concurrent Session California Ballroom (Lobby Level)

SOARING INTO THE POST-PANDEMIC SKIES

A wide- ranging discussion of the major issues affecting the airline industry and its Labor Relations in the wake of the COVID-19 pandemic. The panelists will address how the airline industry has affected safety, staffing, and collec-tive bargaining.

Moderator: Amedeo Greco, NAA

Madison, WI

Panelists: Lucretia Guia Eric Mennel Vice President, Labor Relations Director, Labor Arbitration and Deputy General Counsel United Airlines American Airlines Helen Yu Arthur Luby General Counsel and Assistant Director Director of Diversity Airline Pilots Association Southwest Airlines Pilots’ Assn. 3:00 p.m. – 3:15 p.m. ........................................................ Transition Break

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Thursday, September 30, 2021 (Continued)

3:15 p.m. – 4:30 p.m. ..................................................................... Fireside Chat Bayview Ballroom (Rooftop/Penthouse Level) The journey of the son of a milkman and retail clerk at J. C. Penney in the Mis-sissippi Delta (Clarksdale) to the Presidency of the National Academy of Arbi-trators with some of the bumps along the way.

Interviewee:

William H. Holley, Jr., NAA Auburn, AL

Interviewer:

John Kagel, NAA Palo Alto, CA

4:30 p.m. – 5:30 p.m. ................... Arbitrationinfo.com Committee Meeting Marina Boardroom (7th Floor) 4:30 p.m. – 5:30 p.m. ..................................... Outreach Committee Meeting Venice (Lower Level) 4:30 p.m. – 5:30 p.m. ........................................................... REF Orientation Promenade (Lobby Level) 4:30 p.m. – 5:30 p.m. ............................................. Regional Chairs Meeting Catalina (Lower Level) 5:00 p.m. – 6:00 p.m. ................. International Studies Committee Meeting Malibu (Lower Level) 5:30 p.m. – 6:30 p.m. .......... Employment Arbitration Committee Meeting Venice (Lower Level) 5:30 p.m. – 6:30 p.m. ................... Internal Grievances Committee Meeting Marina Boardroom (7th Floor) 5:30 p.m. - 6:30 p.m. ................................................................. REF Meeting Promenade (Lobby Level) 5:00 p.m. – 6:00 p.m. ........................................ New Member Happy Hour Sinder Lounge (Lobby Level - Outside)

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Friday, October 1, 2021

8:00 a.m. – 5:00 p.m. .................................................. NAA Registration Desk California Ballroom Foyer (Lobby Level) 9:00 a.m. – 4:00 p.m. ...................... 2021 Host Committee Hospitality Room Peninsula (Lower Level) 8:45 a.m. – 9:00 a.m. ........................... ...Welcome and Introductory Remarks California Ballroom (Lobby Level) Susan L. Stewart, NAA Paul D. Roose, NAA Sara Adler, NAA President Program Committee Host Committee Toronto, ON Chair Chair Oakland, CA Los Angeles, CA 9:00 a.m. – 10:15 a.m. .............................................................................. Plenary California Ballroom (Lobby Level)

THE NATIONAL LABOR RELATIONS BOARD: EXPECTATIONS AND OPPORTUNITIES

Mark Gaston Pearce was sworn in as a Member of the National Labor Rela-tions Board in 2010, following his recess appointment, and was confirmed by the Senate on June 22, 2010. On August 23, 2013, he was sworn in for a se-cond term that expired on August 27, 2018. Mr. Pearce served as Chair of the National Labor Relations Board from August 27, 2011 to January 22, 2017. President Biden has said that he would be “the strongest labor president you have ever had.” In this plenary session, Mr. Pearce will share his thoughts about the opportunities and challenges that lay ahead as the Biden administra-tion works to rebuild the NLRB. The session will include an interactive dia-logue between Mr. Pearce and Moderator, Homer La Rue, and there will be time for questions from the audience.

Moderator:

Homer C. La Rue, NAA Columbia, MD

Panelist:

Mark Gaston Pearce Executive Director, Workers Rights Institute

Georgetown Law School

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Friday, October 1, 2021 (Continued)

10:30 a.m. – 11:45 a.m. ............................................................. Plenary Session California Ballroom (Lobby Level)

WHAT HATH COVID WROUGHT? THE ENDURING IMPACT OF THE PANDEMIC ON ORGANIZING AND BARGAINING

A panel of labor and employment professionals discuss how the Covid-19 pan-demic has and will continue to disrupt and shake up the workplace in far-reaching ways that affect organizing and collective bargaining. Their lively dialogue will address such timely topics as hazard pay, health and safety, staff-ing, training, and NLRB issues.

Moderator: Katherine J. Thomson, NAA

El Cerrito, CA

Panelists: Margo Feinberg Rigo Valdez Schwartz, Steinsapir, State Organizing Coordinator Dohrmann & Sommers MLK Labor Council Jay Trinnaman Atkinson, Andelson, Loya, Ruud & Romo 12:00 p.m. ...................................... 2021 David A. Petersen Service Award Bayview Ballroom (Rooftop/Penthouse Level)

Presentation of the 2021 David A. Petersen Service Award

by Immediate Past President Daniel J. Nielsen 12:00 p.m. – 1:30 p.m. ............................................. Presidential Luncheon Bayview Ballroom (Rooftop/Penthouse Level)

Speaker: Daniel J. Nielsen, NAA

Immediate Past President Lake Bluff, IL

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Friday, October 1, 2021 (Continued) 1:45 p.m. – 3:00 p.m. ..................................................... Concurrent Session Promenade (Lobby Level)

MASS EMPLOYMENT ARBITRATION CLAIMS AFTER EPIC

SYSTEMS: UNANTICIPATED CONSEQUENCES, UNEXPECTED OPPORTUNITITES, AND AN

UNCERTAIN FUTURE

The flurry of high-profile group employment arbitrations following the U.S. Supreme Court’s decision in Epic Systems Corp. v. Lewis has generated intri-guing developments, including innovative means to reach potential claimants, employer efforts to modify or be released from arbitration requirements, ap-proaches to coordinating without consolidating claims, and significant attention by Congress and state legislatures. Preeminent speakers who are centrally in-volved in these matters will examine the key emerging issues.

Moderator:

Jacquelin F. Drucker, NAA New York, NY

Panelists:

Brad Hamburger Kent Williams, Esq. Gibson, Dunn & Crutcher LLP Williams Law Firm Theodore J. St. Antoine, NAA Ann Arbor, MI

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Friday, October 1, 2021 (Continued) 1:45 p.m. – 3:00 p.m. ..................................................... Concurrent Session California Ballroom (Lobby Level)

VIDEOHEARINGS: LESSONS OF THE PAST YEAR

In March 2020, the world as we knew it came to a halt when Covid-19 turned everything, including arbitration, upside down. But the Academy's Videocon-ference Task Force (VTF) immediately went to work developing the training modules and related materials that have enabled arbitrators and advocates alike to continue the important work of presenting and resolving labor-management disputes. This panel, which includes some of Southern California's most distin-guished labor and management advocates, along with two leaders of the VTF, will discuss lessons learned from conducting arbitrations by videoconfer-ence. They will share what worked and what didn't, what arbitrators did that they liked and disliked, and what aspects of the pandemic experience should continue in a post-pandemic world.

Moderator: Christopher Cameron, NAA

Los Angeles, CA

Panelists: Rafael Gely, NAA Jason Marsili Columbia, MO Rosen, Marsili, Rapp Thomas Lenz Sylvia Skratek, NAA Atkinson, Andelson, Loya, Ruud & Romo Seattle, WA Emma Luevano Lisl Soto Mitchell, Silberberg & Knupp Weinberg, Roger & Rosenfeld 4:00 p.m. – 5:00 p.m. ............................ Media & Communications Strategy Committee Meeting Marina Boardroom (7th Floor) 3:00 p.m. – 5:00 p.m. ..................................................... Hospitality Reception Sinder Lounge (Lobby Level - Outside)

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Saturday, October 2, 2021 (Members Only)

9:00 a.m. – 1:00 p.m. .................. …2021 Host Committee Hospitality Room Peninsula (Lower Level) 8:30 a.m. – 9:30 a.m. ............................................ New Member Introductions California Ballroom (Lobby Level) 9:30 a.m. – 10:30 a.m................................................................ Plenary Session California Ballroom (Lobby Level)

TIRED OF THE PANDEMIC YET? PRACTICAL AND ETHICAL ISSUES FOR ARBITRATORS NOW

Just as the COVID virus developed variants, questions about arbitration hear-ing procedures have evolved. In this session, Rick Bales will introduce prob-lems revealed through his recent research on published arbitration awards in the early--‐pandemic period. The panel and audience will then confront com-plex, sometimes unanticipated practical, ethical and legal questions that have arisen as video hearings became the norm, and now, as more arbitrators resume face--‐to--‐face hearings. What guidelines should arbitrators use now to deter-mine whether a hearing should proceed in--‐person? Should in--‐person hear-ings still be considered the norm, or will video and hybrid formats prevail? What protocols are arbitrators developing for holding in--‐person hearings, especially regarding vaccinations and masking? What responsibility and au-thority do we have as arbitrators to conduct a “safe” hearing, and how does the situation in Canada compare with the U.S.?

Moderator: Jeanne M. Vonhof, NAA

Chicago, IL

Panelists: Richard Bales, NAA Alan A. Symonette, NAA Mars, PA Media, PA

Jules B. Bloch, NAA Toronto, ON 10:40 a.m. – 11:45 p.m. ........................................................ Plenary Session California Ballroom (Lobby Level)

NUTS AND BOLTS OF AN ARBITRATION PRACTICE

Moderator: Andrea L. Dooley, NAA

Oakland, CA

Panelists: Catherine Harris, NAA Haydee Rosario, NAA Sacramento, CA Bronx, NY

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New Members

James A. Brown* Brooklyn, NY

Felice Busto*

Ocean Grove, NJ

Jeffrey Cassidy* Brewster, ME

Eileen A. Cenci*

Hyannis, MA

Michael John Falvo* Detroit, MI

Michelle Flaherty

Ottawa, ON

Eli Gedalof Toronto, ON

Norm Jesin* Toronto, ON

Mary Theresa Metzler*

West Chester, PA

Elaine Newman Toronto, ON

Jesse Nyman Toronto, ON

Lynette A. Ross*

Lawrenceburg, KY

Harvey M. Shrage Longmeadow, MA

Samantha E. Tower

Media, PA

Beth A. Wolfson Dedham, MA

*In attendance at annual meeting.

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2021 ANNUAL MEETING & EDUCATION CONFERENCE PROGRAM COMMITTEE

Paul D. Roose, Chair

Christopher David Ruiz Cameron Jeanne Charles

Rafael Gely Barry Goldman Joyce M. Klein

Elizabeth MacPherson William McKee

Bonnie J. McSpiritt Kenneth A. Perea

Katherine J. Thomson Pilar Vaile

Paula Knopf, Ex-Officio

2021 ANNUAL MEETING & EDUCATION CONFERENCE HOST COMMITTEEE

Sara Adler, Chair

Richard D. Fincher Kathy Fragnoli

Edna E. J. FrancisFredric Horowitz

Jonathan S. Monat Guy Prihar

Robert D. Steinberg

Walt De Treux, Ex Officio

EMPLOYMENT ARBITRATION COMMITTEE

Thomas F. Gibbons, Chair

Melissa H. Biren Christopher David Ruiz Cameron

Ira S. Cure Jerome A. Diekemper

Richard D. Fincher William E. Hartsfield Fredric R. Horowitz

John E. Sands Elliott H. Shaller

Robert T. Simmelkjaer Mark C. Travis John M. True

2021 ADVOCATE ADVISORY COMMITTEE

Maria Anastas

Ogletree, Deakin, Nash, Smoak & Stewart

Margo Feinberg Schwartz, Steinsapir, Dohrmann & Sommers

Arthur Four

Reich, Adell & Cvitan

Monica Guizar Service Employees International Union

Adrianna E. Guzman

Liebert, Cassidy & Whitmore

Rich Hill Littler Mendelson

Tom Lenz

Atkinson, Andelson, Loya, Ruud & Romo

Emma Luevano Mitchell, Silberberg & Knupp

Jason Marsili

Rosen, Marsili & Rapp

Joe Paller Gilbert Sackman

Glen Rothner

Rothner, Segall & Greenstone

Charles Sakai Sloan Sakai

Lisl Soto

Weinberg, Roger & Rosenfeld

Fern Steiner Smith, Steiner Vanderpool

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Plan to Attend

2022 Annual Meeting & Education Conference

May 11 – 14, 2022 Fairmont Royal York

Toronto

2023 Annual Meeting & Education Conference May 3 – 6, 2023

Grand Hyatt Denver Denver CO

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