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Mediator Resume

Felice E. Busto, Esq.

Felice E. Busto, Esq.

Profession

Arbitrator, Attorney, Educator, Mediator

Work History

Self-employed, 1998 - Present; Senior Attorney, Air Line Pilots Association (advocate in federal courts and arbitration in cases under Railway Labor Act and other labor and employment statutes), 1986 - 1998; Attorney, Steptoe & Johnson (management labor and employment law and general litigation practice), 1980 - 1986.

Experience

Full time arbitrator since 1998 in labor and employment cases. Cases are between parties in the private and public sectors and have involved a variety of industries, including transportation, hospitality, manufacturing, service, hospitals and nursing homes, education, law enforcement, retail to name a few. Has served as a neutral in hundreds of cases for small, medium and Fortune 500 companies. Some labor cases have included statutory employment law claims. Experience with performance evaluations and disputes involving individual employment agreements and noncompete agreements. Labor arbitration panels include United Airlines & IBT; United Airlines & CWA/AFA; United Airlines & PAFCA; Hawaiian Airlines & ALPA; Compass Airlines & ALPA; Amtrak & APLC; Frontier Communications & CWA District 2-13; NYC Dept of Education & CSA; Environmental Protection Agency & NTEU; Port Authority of NY & NJ; State of NJ Judiciary & Council of Affiliated Union (Expedited Arbitration); PERC Special Disciplinary Panel (Police and Fire); State of NJ Judiciary & Probation Association Minor Discipline Panel. Twenty years of labor relations and employment law experience prior to becoming a neutral. Advocate for pilots in the Air Line Pilots Association in federal court litigation and arbitration cases arising under labor and employment statutes and collective bargaining agreements. Conducted an internal investigation for a major airline regarding allegations of sexual harassment and was responsible for recommending and designing diversity training. As an Associate with the law firm of Steptoe and Johnson LLP, handled general litigation, employment and labor cases and litigated jury and non-jury trials in the state and federal courts. Represented plaintiffs and defendants in federal litigation arising under Title VII of the Civil Rights Act, the ADEA, ADA and other employment statutes; counseled clients with respect to hiring practices and human resources matters. Instructor: Conflict Resolution in the Workplace for 10 years at the Rutgers School of Labor and Management Relations as an adjunct faculty member. These undergraduate and graduate classes included employment law and a survey of corporate ADR policies and processes in the nonunion workplace. In the graduate class, students were required to conduct interviews and draft an ADR policy for a selected employer. Conducts trainings in ADR and mediation skills for advocates, agencies and private parties. In 2016 and 2017 designed and presented several three day classes in mediation training to labor relations professionals.

Mediator Experience

Full-time mediator and arbitrator of employment disputes for courts, federal agencies and parties pursuant to internal ADR policies. Accredited Advanced Practitioner of Employment Mediation by the Association of Conflict Resolution. Have served as a mediator in over 300 employment cases involving statutory and non-statutory claims. Have mediated over 25 cases involving employment discrimination or other claims under internal ADR policies. Have mediated over 200 employment cases arising under federal or state discrimination laws pending in the U.S. District Court for the District of Columbia and the New Jersey Superior Court and federal agencies, such as the U.S. Department of Justice, U.S. Department of Transportation, Social Security Administration, U.S. Postal Service and the EEOC. In the private sector, have mediated cases in the airline, automotive, chemical, entertainment, hotel, restaurant, communications, health care, manufacturing, non-profit, retail, sales, pharmaceutical, service, social services, technology, and transportation industries. Four cases involved Fortune 500 companies. Three cases involved claims for damages over $1 million. Over five cases involved claims for damages over $500,000. Over 25 cases involved claims for damages over $100,000. Special Expertise in Grievance Mediation: Member, United Airlines and Association of Flight Attendants Grievance Mediation Panel (2007 to present); Served as a Mediator in labor disputes involving airlines, education, retail, manufacturing, transportation and federal, state and local government employees; Ad Hoc Mediator for Public Employment Relations Commission (PERC) and has mediated seven cases involving public sector impasses/labor disputes for local government and state employees; As Mediator for the New Jersey Superior Courts and the US District Court for the District Columbia mediated over 50 cases involving state and federal labor statutes including FMLA, ERISA, LMRDA, Title VII and other anti-discrimination and whistleblower statutes; Designed and Presented Grievance Mediation Training for Advocates; Speaker, "Grievance Mediation: New Kid on the Block" (Labor and Employment Relations Association, Philadelphia Chapter, March 2006).

Representative Issues Handled as a Mediator

Over 400 cases involved claims of employment discrimination (age, sex, pregnancy, national origin) arising under federal laws such as Title VII and ADEA. Over 80 cases involved claims of retaliation, sexual harassment or hostile work environment. Over 200 cases involved claims of employment discrimination or failure to make reasonable accommodations for disabilities under the Americans With Disabilities Act. Over 80 cases involved claims of discrimination arising under the New Jersey Law Against Discrimination; six cases involved claims arising under CEPA. Over 30 cases involved state law claims of breach of contract, wrongful discharge, constructive discharge, employment at will, interference with contractual relations, or infliction of emotional distress. Over 30 cases involved individual employment contracts, non-compete or non-disclosure agreements and/or severance issues. Five cases involved claims of privacy violations and/or defamation. Issues involved in labor disputes involved contract interpretation, discipline and discharge, discrimination, health benefits, job performance and evaluation, vacation, sick leave and benefits, leaves of absence, pensions, layoffs, management rights, scheduling, disabilities, family medical leave, seniority, uniforms, wages and other terms and conditions of employment.

Mediator Style & Process Preferences

Mediation is a voluntary and confidential process. I generally use a facilitative approach in mediation to assist the parties in identifying their common interests. I actively assist the parties in identifying and exploring all options to resolve the dispute. Every case is unique and I may rely on a combination of mediation styles, including a more evaluative or directive approach, depending on the claims, parties, forum and other circumstances. I rely on my 20 years of experience as an advocate in litigation as well as my expertise in employment law to probe the strengths and weaknesses of the parties positions. I expect the parties to participate fully in the mediation process with the objective of reaching a mutually acceptable settlement. I am patient, creative but also tenacious in moving the parties forward to resolve their dispute.

Education

Catholic University, Columbus School of Law (JD-1980); Bucknell University (BA-1975).

Professional Licenses

Admitted to the Bar: District of Columbia (1980). Accredited Advanced Employment Mediator by the Association for Conflict Resolution, 2004-Present.

Professional Associations

National Academy of Arbitrators, District of Columbia Bar Association; American Bar Association Labor and Employment Section; Executive Board Member, NJ LERA.

Recent Publications & Speaking Engagements

"Arbitration Panel" (NJ PERC Annual Conference 2018); "Power and Perils of Social Media" (LERA, Phila. 2016); "How Arbitrators Rule" (NJ PERC Annual Conference 2011); "Grievance Mediation: New Kid on the Block"? LERA, Phila. 2007); "Update on Labor and Employment Decisions of the US Supreme Court,"(IRRA, NJ 2002).

Locations Where Parties Will Not be Charged for Travel Expenses

Maryland, Washington DC and Virginia.

Compensation

Hourly Rate: $500.00 Daily Rate: Not provided Study Rate: $500.00/hr Cancellation: $2,600.00/Day Cancellation Period: 21 Days Comment: Hourly rate applies to telephone conferences, document review, and other work necessary to prepare for mediation. Cancellation policy: 4 hour minimum fee will apply if a scheduled mediation is cancelled or postponed with less than 21 calendar days notice.

Languages

English

Citizenship

United States of America

Locale

Ocean Grove, New Jersey