Mediator Resume

Arbitrator, Self-employed, 1981 - Present ; Permanent Umpire, Montgomery County Maryland Police Labor Relations Law (2008 - Present); Chair, Foreign Service Grievance Board, 2007 - 2011; Chair, PEB 253 (Long Island Rail Road and 5 Organizations); Chair, PEB 252 (New Jersey Transit Rail Operations and BLET); Chair, Presidential Emergency Board 244 (Long Island Rail Road and 8 Organizations); Chair, Presidential Emergency Board 243 (Freight Railroads and 11 Organizations); Member, PEB 242 (Amtrak and 8 Organizations); 241 (MetroNorth and IBT); and 236 (United Airlines and IAMAW); Adjunct Professor, George Washington University National Law Center, 1981 - 1985; Attorney, Deutsch Weintraub & Glazerman, 1977 - 1980. US Member, Rapid Response Labor Mechanism, US-Mexico-Canada Treaty, 2020 - Present.

Full-time arbitrator and mediator since 1981. Decided and/or helped resolve over 6000 labor and employment and benefits cases. Approximately 500 have involved issues of eligibility for health, retirement, severance, supplemental unemployment, long-term disability, sickness and accident, and life insurance benefits; changes in level of benefits; changes of providers; and amount of contribution. These issues have been in both public and private sector grievance and interest cases and occasionally involved questions of arbitrability. Decided and/or mediated about 150 Taft-Hartley trustee deadlocks with approximately 50 different multiemployer pension and health and welfare funds; issues include plan design, administrative matters, plan amendments, and whether individual claims for benefits should be granted, among others. Decided and/or mediated approximately 100 ERISA-related individual claims, including questions of entitlement to receive service credits, health, normal and early retirement pension, supplemental, disability retirement, and special benefits. Decided and/or mediated about 150 MPPAA withdrawal liability disputes involving approximately 25 multiemployer plans. Issues included controlled group status; dates of withdrawal; whether retail, building, or construction industry provisions of the Act applied; merit of actuarial challenges; and many others. Disputes have ranged from under $20,000 to $100+ million. Served for six years as neutral member and chair of tri-partite Dispute Resolution Committee between claimants' counsel and the Pension Benefit Guaranty Corporation growing out of the Rettig/Piech litigation.

Served as mediator in hundreds of disputes in a wide variety of industries in the private and public sectors, including heavy manufacturing, health care, transit and transportation services, education, governmental employment of all types, service industries, telecommunications, and others. The areas of dispute have ranged from individual grievance claims or issues with modest financial value to group, class, to interest disputes for new collective bargaining agreements involving many millions of dollars. The interest cases range from relatively straight forward compensation disputes to multi-issue disputes involving scores of open contractual items. Normally employs an evaluative mediation style (focusing on substance, rather than mere technique) and has been successful in many cases in proffering creative solutions that both parties find to represent an acceptable result to the matter in dispute.

The issues involved have mirrored the gamut of workplace disputes, including discipline and discharge issues, discrimination and accommodation and reprisal issues of all types (race, sex, disability, national origin, religion, FMLA, age, Veterans status), pay disputes (both relating to contractual pay increases and pay scale restructuring matters and issues surrounding job classification and issues relating to overtime and severance and vacation issues), health and retirement disputes (including claims for coverage, plan design issues, questions of withdrawal liability, Pension Protection Act disputes, trustee deadlocks, retiree health matters and the like), subcontracting disputes, safety and health disputes, work jurisdiction, and the like. Some claims were individual in nature. Others involved class or group claims. Most involved one or more unions, employers, and affected individual employees. Some involved benefit plan trustees or employment issues between one or more unrepresented employees and their employer.

George Washington University Law School (JD, with honors-1977); Cornell University (BS, Industrial and Labor Relations-1974).

Admitted to the Bar: Virginia (1977-inactive), Massachusetts (1977-inactive), District of Columbia (1978-inactive).

American College of Employee Benefits Counsel (Charter Fellow); College of Labor and Employment Lawyers (Fellow); American Bar Association (Labor and Employment Law Section; Alternative Dispute Resolution Section; Employee Benefits Committee); National Academy of Arbitrators (past Vice President); Society of Federal Labor and Employee Relations Professionals (Past National President).

"The Arbitration of Statutory Disputes: The Role of the Arbitrator--Procedural and Substantive Considerations," PROCEEDINGS OF THE FORTY-FIFTH ANNUAL MEETING OF THE NATIONAL ACADEMY OF ARBITRATORS, BNA, 1992, reprinted 10 HOFSTRA LABOR LAW JOURNAL 317, Fall 1992; "Past Practice, Maintenance of Benefits and Zipper Clauses," LABOR AND EMPLOYMENT ARBITRATION, Bornstein, Gosline and Greenbaum eds., Matthew Bender; co-author, "MPPAA Withdrawal Liability Arbitration," LABOR AND EMPLOYMENT ARBITRATION, Bornstein, Gosline and Greenbaum eds., Matthew Bender; lecturer on ERISA, arbitration and mediation of pension disputes, and fiduciary liability including presentations before the International Foundation on Employee Benefits, American Bar Association, National Academy of Arbitrators, and other groups.

Hourly Rate: $800.00 Daily Rate: Not provided Study Rate: $800.00/hr Cancellation: $800.00/hr Cancellation Period: 15 Days Comment: In-person sessions are billed at a minimum of eight hours for each reserved date. All other time is aggregated and billed to the nearest half-day.

English

United States of America

Potomac, Maryland