Schedule

Program Agenda

Wrestling with Change: The Future of Work and Workplace Dispute Resolution

Tuesday, May 28, 2019

1:00 p.m. – 5:00 p.m.

NAA Registration Desk

1:30 p.m. – 5:00 p.m.

Board of Governors Meeting

1:30 p.m. – 5:00 p.m.

CPRG Meeting

1:30 p.m. – 5:00 p.m.

Membership Committee Meeting

Wednesday, May 29, 2019

8:00 a.m. – 5:00 p.m.

NAA Registration Desk

8:30 a.m. – 5:00 p.m.

Board of Governors Meeting

7:30 a.m. – 12:00 p.m.

New Member Orientation

9:00 a.m. – 5:00 p.m.

CPRG Meeting

9:00 a.m. – 5:00 p.m.

Membership Committee Meeting

12:00 p.m. – 1:30 p.m.

New Member Luncheon (By Invitation Only)

1:30 p.m. – 4:30 p.m.

“Wage and hour disputes: what arbitrators and mediators need to know” (separate fee – see flyer)

6:00 p.m. – 7:00 p.m.

Wine & cheese reception

Thursday, May 30, 2019

8:00 a.m. – 5:00 p.m.

NAA Registration Desk

8:30 a.m. – 9:00 a.m.

Opening Remarks

Presidential Remarks, Program Announcements, and Arrangements Announcements

Presidential Remarks:

Edward B. Krinsky, NAA NAA President Madison, WI

Program Announcements:

William McKee, NAA Program Co-Chair Denton, TX

Host Announcements:

Ralph H. Colflesh, NAA Host Chair Philadelphia, PA

9:00 a.m. – 10:00 a.m.

The future of work and workplace ADR

What lies ahead in the workplace? Tom Kochan reports on current efforts by MIT researchers and other groups around the world that are studying the influence of advancing technologies on the future of work. From this vantage point he will examine implication for labor-management relations and dispute resolution.  Emphasis will be given to how proactive efforts of business, labor, educators, governments, and third-party neutrals can contribute to using technology to create better work and a more broadly-shared prosperity.

Moderator:

William McKee, NAA Denton, TX

Panelists:

Thomas A. Kochan, NAA George M. Bunker Professor Sloan School of Management MIT Boston, MA

10:00 a.m. – 10:10 a.m.

Transition Break

10:10 a.m. – 11:10 a.m.

Living wage laws and their impact on labor relations and collective bargaining

Living wage laws create minimum wage rates for covered localities or facilities. UNITE HERE represents employees in the airline catering industry, including a national bargaining unit of employees of LSG Sky Chefs whose 55 flight kitchens and on-airport operations are subject to a wide-variety of living wage laws. David Vaughn, the national umpire for Sky Chefs and UNITE HERE, will describe the development and status of living wage legislation and analyze the impact of such laws on labor relations and collective bargaining. Lead representatives of Sky Chefs and UNITE HERE will assess the on-going impacts of such laws and the responses of the parties to deal with them.

Moderator:

David Vaughn, NAA Clarksville, MD

Panelists:

Chuck Hendricks, Bargaining Director UNITE HERE Int’l Union Towson, MD

Bruce Murray, Director Labor and Employee Relations, LSG Sky Chefs Irving, TX        

11:10 p.m. – 11:20 a.m.

Transition Break

11:20 a.m. – 12:20 p.m.

Red light/green light:  what’s love got to do with it?  #metoo

Leading U.S. and Canadian counsel and arbitrators will weigh in on several scenarios involving personal interactions that take place in the workplace.  Can there be any romance or humour in the work place in the #MeToo era?”  Is it possible for a healthy romantic relationship to develop at work? Are any references to race or gender acceptable anymore? This highly interactive red light/green light session will engage the audience in a current and, dare we say it, hot topic.

Moderator:

Paula Knopf, NAA Toronto, ON

Panelists:

Nini Jones Partner Paliare Roland Rosenberg Rothstein LLP Toronto, ON

William K. Kennedy Partner Montgomery McCracken Walker & Rhoads LLP Philadelphia, PA

Andrew M. Strongin, NAA Takoma Park, MD

Jacalyn Zimmerman, NAA Lake Bluff, IL

12:20 p.m. – 1:20 p.m.

Distinguished Speaker Luncheon

Introduction:

Edward B. Krinsky, NAA Madison, WI

Speaker:

Charles Ramsey, Former Commissioner of the Philadelphia Police Department

1:30 p.m. – 2:30 p.m.

Concurrent session – Janus one year later:  the Pennsylvania story in a national context

On its issuance in June 2018 many anticipated that the Janus ruling would have major impacts on public sector labor relations. Have those expectations become reality, and how typical or atypical is Pennsylvania compared to other states? What does the future hold with Janus?

Moderator:

Scott E. Buchheit, NAA Haddonfield, NJ

Panelists:

Deborah Gaines, NAA New York, NY
Michael J. Hanlon Member
Cozen O’Connor Philadelphia, PA
Charles L. Herring Staff Attorney Pennsylvania State Education Association Montgomeryville, PA
Michael I. Levin Levin Legal Group, P.C. Counsel, Pennsylvania School Boards Association Huntingdon Valley, PA
Alaine S. Williams Partner Willig Williams & Davidson Philadelphia, PA

1:30 p.m. – 2:30 p.m.

Concurrent session – Emerging healthcare issues in labor arbitration

As employers contemplate further changes to employee contributions and the structure of health plans, unions prepare arguments on such issues as notice requirements, the duty to bargain, and the legal standards of “comparable” and “substantially similar.” Among other topics to be addressed are subcontracting for services and performance-based wage increases in a very competitive healthcare market. Where is all this headed, and how will the differences be resolved?

Panelists:

John Dinome Assistant General Counsel & Chief Human Resources Officer American Academic Health Systems

Lance Geren Partner O’Donoghue & O’Donoghue Philadelphia, PA

2:30 p.m. – 2:45 p.m.

Transition Break

2:45 p.m. – 3:45 p.m.

Concurrent session – Canadian and U.S. Session:  Labour disputes under U.S. And Canadian trade agreements (USMCA and others)

Two lead US and Canadian negotiators of the labour provisions in US and Canadian trade agreements will examine the agreements and discuss their dispute resolution mechanisms.

Moderator:

Christopher J. Albertyn, NAA Toronto, ON

Panelists:

Pierre Bouchard, Director Bilateral and Regional Labour Affairs, Labour Program of Employment and Social Development Ottawa, ON

Carlos Romero, Deputy Assistant U.S. Trade Representative for Labor in the Office of the Trade Representative Washington, DC

2:45 p.m. – 3:45 p.m.

Concurrent session – U.S. Designating agencies update

Moderator:

Joshua Javits, NAA Washington, DC

Panelists:

Christine Newhall, Senior Vice President of the Labor/Employment Elections Division AAA Boston, MA

Arthur Pearlstein, Director, Arbitration Services FMCS Washington, DC

Roland Watkins, Director, Arbitration Services NMB Washington, DC

4:00 p.m. – 5:00 p.m.

Committee Meetings TBA

4:00 p.m. – 6:00 p.m.

Social Gathering

All are welcome to attend.  During the gathering you will have a chance to:

Meet the panelists up close and informally of Labour Disputes under the USMCA – Continuing the Conversation with Pierre Bouchard and Carlos Romero.

Preview REF Auction Items.

Meet with friends and enjoy a drink from the cash bar.

Friday, May 31, 2019

9:00 a.m. – 10:15 a.m.

The future of work:  Union and management perspectives

A distinguished panel will comment on advancing technologies and their impact on future labor relations and arbitration.

Moderator:

Margaret R. Brogan, NAA Philadelphia, PA

Panelists:

William R. Kerr Professor of Business Administration and Co-Director of Managing the Future of Work Project at Harvard Business School Boston, MA

Thomas A. Kochan, NAA, George M. Bunker Professor, Sloan School of Management, MIT Boston, MA

Wilma Liebman Former Chairman and Member, National Labor Relations Board Washington, DC

Liz Shuler Executive Secretary-Treasurer, AFL-CIO Washington, DC

10:15 a.m. – 10:30 a.m.

Transition Break

10:30 a.m. – 11:45 a.m.

The science of settlement

What can you do when parties ask your help in negotiating a settlement?  Chris Sullivan will moderate an all-star panel who will offer engaging thoughts, wit, and lasting lessons on the subject that was captured in Barry Goldman’s book, The Science of Settlement.  To round out the discussion, Canadian members who have substantial experience in a mediating role will provide comments and insights about such service.

Moderator:

Chris Sullivan, NAA Roberts Creek, BC

Panelists:

Christopher Albertyn, NAA Toronto, ON

Jules Bloch, NAA Toronto, ON

Barry Goldman, NAA Bloomfield, MI

12:00 p.m. – 1:15 p.m.

Presidential Luncheon

Introduction:

George R. Fleischli, NAA Madison, WI

Speaker:

Edward B. Krinsky, NAA President Madison, WI

1:30 p.m. – 2:45 p.m.

Concurrent session – Federal sector dispute resolution:  The current situation and what we can expect going forward

The past year has seen historic shifts in the labor-management relationship in the federal sector, including the ways in which issues are addressed in the grievance and bargaining processes and before arbitrators and administrative agencies.  This session will examine some of the more significant substantive and process changes resulting from the Executive Orders and legislative changes, including the centralization of labor relations, and discuss the future of federal sector collective bargaining and dispute resolution from the agency, union, and arbitral perspectives.

Moderator:

Ira F. Jaffe, NAA Potomac, MD

Panelists:

Constance Chang-Gillespie, Esq. National Counsel National Treasury Employees Union Washington, DC

Mark Maxin, Esq. Assistant General Counsel for Administration, Nuclear Regulatory Commission North Bethesda, MD

1:30 p.m. – 2:45 p.m.

Concurrent session – Postal arbitration:  The future of the postal service – Should the post office act more like a private business?

In December 2018 the Treasury Department released a proposal for overhauling the US Postal Service which, without calling for full privatization, concluded that the Post Office should act more like a private business – such as having the “authority to charge market-based prices for both mail and package items”.  How should the parties continue forward?

Moderator:

Sherrie Rose Talmadge, NAA Boston, MA

Panelists:

Rick Acker Manager Field Labor Relations, Headquarters, USPS Powell, OH

Lucien Drass Vice President National Association of Letter Carriers (NALC) Washington, DC

Teresa Harmon Manager, Contract Administration National Postal Mail Handlers Union (NPMHU) Washington, DC

David L. Heather Director of Labor Relations National Rural Letter Carriers Association (NRLCA) Alexandria, VA

Vance Zimmerman Director Industrial Relations American Postal Workers Union (APWU) Washington, DC

1:30 p.m. – 2:45 p.m.

Airline industry issues

Major airline flight crew contract negotiations for the “Big 4” airlines (American, United, Delta, and Southwest) are beginning. Pilots, flight attendants, mechanics and fleet and customer service employees have high expectations and seem intent on recapturing losses endured from bankruptcy filings following 9/11.  Airlines are making money but are also facing competition from foreign airlines.  Will Emergency Boards, interest arbitration, med-arb be used? What is the role of neutrals in this bargaining round? What is the impact of information technology on bargaining?  Has IT changed the parties’ approach to bargaining?

Moderator:

Joshua Javits, NAA Washington, DC

Panelists:

Lori Bassani President Association of Professional Flight Attendants American Airlines Flight Attendants Euless, TX

Marc Esposito Vice President Values Relations JetBlue Airways Long Island City, NY

Kyle Fortson Chair National Mediation Board Washington, DC

Betty Ginsburg Director, Representation Air Line Pilots Association Washington, DC

Lindsey Goldstein Director and Senior Labor Attorney American Airlines Dallas, TX

2:45 p.m. – 3:00 p.m.

Transition Break

3:00 p.m. – 4:15 p.m.

Poster Sessions

The current FLRA:  Any surprises here?

A comparison of the Trump, Obama, and Bush FLRA decisions in cases where agencies have filed exceptions to arbitration awards that sustain grievances.  Is the current FLRA changing long-standing precedent?

Moderator:

Beber Helburn, NAA Austin, TX

Going deep:  Investigative tools for today and tomorrow

Innovative technologies have dramatically increased and are rapidly being used to detect fraud and deception. How can advocates and arbitrators use and evaluate these new technologies to reach “the truth”?  How reliable are these new techniques?

Moderator:

Scott M. Catron Co-CEO/Co-Owner Social Detection, Inc. King of Prussia, PA

Labor arbitrators on employment arbitration

Non-union employment arbitration is a firmly established yet provocative and relatively new institution. This session explores labor arbitrator experiences with and perceptions of non-union employment arbitration. Specifically, data from a contemporary survey of the National Academy of Arbitrators is presented to describe employment arbitration caseloads, fees, and general perceptions of the propriety of this new institution.

Moderator:

Prof. Mark Gough Assistant Professor of Labor and Employment Relations Pennsylvania State University State College, PA

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

Saturday, June 1, 2019

9:00 a.m. – 10:15 a.m.

Reporting on arbitration and the future of work by journalists

Our experience with ArbitrationInfo.com, a website dedicated to providing information to journalists about arbitration and other ADR processes, highlights the difficulties faced by journalists in reporting about work and the law of the workplace. The struggle is particularly true in an era where change occurs at incredible speed. This session will advance the understanding of challenges faced in reporting ADR processes and how journalists will keep up with and report on the future nature of work and work relationships.

Moderator:

Rafael Gely Professor of Law School of Law University of Missouri Columbia, MO

Panelists:

Sandy Davidson Curators’ Distinguished Teaching Professor School of Journalism University of Missouri Columbia, MO

Daxton “Chip” Stewart Professor of Journalism Bob Schieffer College of Communication Texas Christian University Fort Worth, TX

10:30 a.m. – 11:45 a.m.

Fireside Chat

Interviewer:

Daniel J. Nielsen, NAA Lake Bluff, IL

Interviewee:

George R. Fleischli, NAA Madison, WI

1:00 p.m. – 1:30 p.m.

Member Recognitions

Honorary Life Member, 25 & 40 Year Members, and New Members

1:30 p.m. – 2:30 p.m.

NAA Annual Business Meeting (members only)

3:00 p.m.

Board of Governors Meeting


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