Ethics in Labor & Employment Issues for Attorney's Arbitrators

Level: Advanced
Runtime: 0 minutes
Recorded Date: January 01, 0001
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  • Introduction and Overview
  • Comparing the American Arbitration Association's Rules Governing Labor Arbitration with the Rules Governing Employment Arbitration
  • How Arbitrators Conduct Labor Arbitrations in Contrast to Employment Arbitrations - Behavior expected of Arbitrators in different settings
  • Challenge to the Trilogy - A discussion of a number of Court decisions that appear to erode the amount of deference previously given to Arbitration Awards
  • Arbitration Rules in Other Fora: NYSE, NASD
  • An Advocate's Perspective - Representing Management in Labor Arbitrations vs. Employment Arbitrations
  • An Advocate's Perspective - Representing Unions vs. Individual Employees

  • Description

    This program is not approved for ethics in Oregon. Attorney's can earn general credit.

    Disputes arising under collective bargaining agreements have traditionally been resolved before Labor Arbitrators. Moreover, since the Supreme Court's 1991 decision in Gilmer employment disputes arising in the non-union sector, whether out of individual employment contracts have increasingly been referred to arbitration. Frequently, arbitrators and practitioners in labor and employment matters appear in both fora, and yet the ethical obligations in a number of areas appear to diverge.

    A panel of experienced arbitrators and practitioners will review and discuss the different ethical obligations that the parties and arbitrators have in labor and employment settings regarding issues such as disclosure by arbitrators concerning prior contact with the parties and their representatives; pre-award mediation of disputes, and representation of grievants in labor settings in contrast to claimants in employment settings. They will also review the governing ethical standards in the American Arbitration Association's Code of Ethics for Arbitrators in Commercial Disputes, and the Code of Professional Responsibility for Arbitrators of Labor Management Disputes.

    Recorded: June 21, 2006
    Running Time: 2 Hours 28 Minutes

    Provided By

    New York City Bar


    Pearl Zuchlewski

    Kraus & Zuchlewsk

    Pearl Zuchlewski is a partner in Kraus & Zuchlewski LLP where she primarily represents individual employees. She is a former Chair of the New York State Bar Association ("NYSBA") Labor and Employment Law Section and presently serves on the Section's Executive Committee. She also is a Section representative to the NYSBA House of Delegates. In addition, Ms. Zuchlewski is a member of the American Bar Association ("ABA") Labor and Employment Law Section's Employee Rights and Responsibilities Committee, the National Employment Lawyers Association and the Association of the Bar in the City of New York ("ABCNY"). As a former member of the ABCNY's Labor and Employment Law Committee, she participated in the drafting of the Model Rules for the Arbitration of Employment Disputes. She has served on the FINRA task force which drafted the FINRA Code of Arbitration provisions for statutory discrimination claims and is former Chair of the FINRA's National Arbitration and Mediation Committee. Ms. Zuchlewski most recently served as Chair of a FINRA employment task force which reviewed and consolidated the former NASD and NYSE Codes of Arbitration Procedure. Ms. Zuchlewski has been recognized for several years as among the Best Lawyers in New York and in Superlawyers. She is a Fellow in the College of Labor and Employment Lawyers and is Chair of the College's Second Circuit credentials committee. She is a member of the advisory boards of the New York University Law School Center for Labor and Employment, the Hofstra Law School, CPR Employment Disputes Committee and the New York City Chapter of the Labor and Employment Relations Association. Her other professional activities include membership in the Public Investors Arbitration Bar Association and an adjunct faculty position at St. John's School of Law where she teaches Labor & Employment Arbitration. Ms. Zuchlewski is a frequent speaker on alternative dispute resolution, sexual harassment and other employment related issues at various organizations including the ABA, NYSBA, ABCNY, Practicing Law Institute and New York University Judicial Conferences.  Her articles have appeared in the New York Law Journal, various proceedings of the New York University's Annual Conferences on Labor, ABA, NYSBA and other publications.

    Eric P. Tuchmann

    General Counsel and Corporate Secretary
    American Arbitration Association

    Eric P. Tuchmann is General Counsel and Corporate Secretary of the American Arbitration Association. In that capacity, he is the Association's chief legal officer and is responsible for managing the legal department and the legal affairs of the organization. His specific responsibilities include defending the Association in litigation-related matters involving the Association or its arbitrators, considering requests for the Association's submission of amicus curiae briefs, and reviewing various policies and rules that govern dispute resolution proceedings administered by the Association.

    Mr. Tuchmann chaired the Association's committee to draft its Supplementary Rules for Class Arbitrations, and he also analyzes state and federal legislation impacting alternative dispute resolution, the unauthorized practice of law, and attorneys' professional rules of responsibility.

    David L. Gregory

    Professor of Law
    St. John's University School of Law

    David L. Gregory is a member of the National Academy of Arbitrators. He has been arbitrating since 1983, and is on the AAA, FMCS, PERB, and OCB arbitration panels, in addition to many private and public contract panels (e.g., ConocoPhillips, Columbia University, University of Minnesota, Nassau County and the Nassau Medical Center, Civil Service Employees Association, Teamsters, Transport Workers).

    Since 1982, he is also a professor of law at the St. John's University School of Law. He teaches the entire range of the labor and employment law curriculum, in addition to constitutional law courses.

    He is a former Chairperson of the Labor and Employment (1996), and Employment Discrimination (2000), Sections of the Association of American Law Schools. He has twice served three year terms on the Labor and Employment Law Committee of the ABCNY, and prior terms on the Arbitration, Civil Rights, and Employee Benefits Committees. Dave is an elected member of the American Law Institute. In addition to many published labor arbitration decisions, he is the author of more than 100 academic articles and reviews in leading law journals.

    Prior to teaching and arbitrating, he was a UAW member and General Motors Cadillac assembly line worker, an APWU member and an EEO investigator with the U.S. Postal Service, a labor relations representative with Ford Motor Company, and an attorney representing management (all in Detroit, Michigan).

    He earned an M.B.A. in labor relations prior to attending law school; his graduate law degrees are from the Yale Law School (LL.M., 1982; J.S.D., 1987).

    Howard C. Edelman

    Labor and Employment Arbitrator

    Howard C. Edelman is a full time labor and employment arbitrator who has heard over 4,500 cases in the last 23 years. He has arbitrated numerous disputes involving claims of discrimination, wrongful discharge, non-compete provisions and other issues involving non-unionized employees and employers.

    Howard received his law degree in 1982 from New York Law School where he was valedictorian of his class. He also holds a Masters Degree in English from the University of Wisconsin and a Bachelors Degree from Brooklyn College.

    Prior to becoming an arbitrator, Howard was a Regional Director for the New York State United Teachers and an English teacher at Great Neck North High School on Long Island. Howard lives in Rockville Centre, New York with his wife, Leslie, a former Assistant Superintendent in the Bellmore Public Schools. Their son, Keith, attends Duke University.

    Michael A. Curley

    Partner, Labor and Employment
    Morgan Lewis & Bockius LLP

    Michael A. Curley is a partner in the Labor and Employment Practice of Morgan Lewis & Bockius LLP and practices in their New York and Philadelphia offices. Mr. Curley has represented clients in numerous proceedings before the National Labor Relations Board, both in union representation and unfair labor practice cases. He has also had extensive experience in state and federal courts, defending clients in employment discrimination and wrongful discharge cases.

    In addition to his litigation and client counseling experience, Mr. Curley has negotiated and administered several collective bargaining agreements and has handled numerous labor arbitration cases. He has particular expertise in the transportation industry, where he has represented several major trucking companies and several major airlines, and in the entertainment industry, where he has represented major recording and motion picture companies.

    Mr. Curley is a regular guest lecturer at law schools and Universities and is a member of the New York State Bar Association and American Bar Association.

    Ira Cure

    Arbitrator & Mediator

    Ira Cure is presently a full time labor arbitrator and mediator. He is a member of the following arbitration panels: Federal Mediation and Conciliation Service; American Arbitration Association's Labor Panel; American Arbitration Association's Employment Panel; New York Public Employment Relations Board Private Sector Panel; New York City Office of Collective Bargaining; New Jersey State Board of Mediation; National Mediation Board, Suffolk County PERB; and FINRA. Prior to becoming a full time neutral in 2010, Mr. Cure was a member of the following firms where he represented unions, employee benefit funds and individuals in employment matters: Lewis Greenwald Kennedy Lewis Clifton & Schwartz (Associate 1984-1991, Partner 1991-1995); Kennedy Schwartz & Cure, PC (Partner 1995-2005); Broach & Stulberg, LLP (Counsel 2005-2008). In addition, Mr. Cure was Senior Counsel of the Writers Guild of America, East, Inc. (2008-2010). He is a member of the Labor & Employment Committee of the Association of the Bar of the City of New York, and the New York State Bar Association. In addition he chaired the sub-committee that drafted City Bar Associations Employment Law Handbook for Non-Lawyers, August 2006.

    Richard M. Betheil

    Pryor, Cashman, Sherman, & Flynn LLP

    Richard M. Betheil joined Pryor Cashman Sherman & Flynn LLP in 1985 and has been a partner at the firm since 1989. His major practice area is labor and employment law and litigation.

    Richard has regularly appeared before the NLRB, the EEOC and other administrative agencies, and in the federal and state courts on both the trial and appellate levels. A substantial part of Richard's practice is counseling clients on the full range of labor and employment matters.

    Richard was admitted to the bar and U.S. District Court, Southern and Eastern Districts of New York in 1981, the U.S. Court of Appeals, Second Circuit in 1985, and the U.S. Court of Appeals, Ninth Circuit in 1992.

    Richard holds an A.B. degree from Oberlin College, Phi Beta Kappa, Senior Scholar London School of Economics, and an M.A. from the New School for Social Research, Herbert Lehman Fellow, and a J.D. from New York University, Order of the Coif, Benjamin F. Butler Memorial Prize, John Norton Pomeroy Prize, Arthur Garfield Hays Fellow and the American Jurisprudence Award in Labor Law.

    Richard was on the Committee on Labor and Employment Law from 1986-1988 at the Association of the Bar of the City of New York.

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