EMPLOYMENT ARBITRATION

SERVICES FOR NON-REPRESENTED
WORKPLACES

As an employment arbitrator I serve as a “private judge” of workplace disputes under statutes (Federal and State), government regulations, employment contracts (express, and implied at law), and tort law, e.g., defamation, intentional infliction of emotional distress.

PHILOSOPHY

Arbitrators apply the facts presented at hearings to assay a claim’s legal merit. For example, when the issue is disparate treatment--say an allegation of race discrimination--the legal elements to which the facts are applied include whether Claimant: 1- is in a protected class, e.g., Black; 2- experienced adverse treatment in her term/conditions of employment; which treatment was; 3-intentioanlly linked to her protected class membership. The legal elements, facts, and allowable remedies vary from case to case.
My first task, when sitting as an arbitrator, is to sift the record to determine what happened as shown by the facts produced at hearing by the parties and their attorneys. These findings turn on documents that have been admitted into evidence, topics about which witnesses were examined and cross-examined, and witness credibility. Only after making findings of fact, am I prepared to decide whether a claim has been proven, and (if so) the appropriate remedy.

I use a methodical approached when determining arbitration claims. It is Claimant’s obligation to furnish facts and arguments to support his/her request for relief, and it is Respondent’s responsibility to defend against those offerings. Employment disputes are serious conflicts that require careful deliberation.

RELEVENT CAREER EXPERIENCE

1967–1978 Held increasing responsible administrative positions with American Arbitration in New York City, Chicago, and New Brunswick (NJ) Regional Offices

1978-1983 Arbitrator/Mediator of labor, employment and civil disputes; 1983-1988 Associate Attorney with Epstein Becker and Green in firm’s New Jersey and New York City Offices

1988--1994 Adjunct Professor Seton Hall School of Law

1988 – 2005 Associate Labor/Employment Attorney with PSE&G

2005 – present full time arbitrator/mediator of workplace disputes.
 

ARBITRATION PANELS AND ROSTERS

3020-a Upper New York State Panel

American Arbitration Association—Labor Panel (NY, NJ, & Philadelphia)

American Arbitration Association--Employment Arbitration Roster (East Coast)

AFGE/SSA – New York City, Northern, NJ & Central, NJ Panel

CPR Employment Arbitration Roster

​District Court, New Jersey - Mediator

Federal Mediation and Conciliation Service—Grievance Arbitration Panel (New Jersey/Southern NY/Eastern PA/Florida/Georgia)

FINRA Arbitration Panel—Philadelphia & New York City panels

IBT, Local 125/Coca-Cola – Expedited Discharge Panel

New Jersey State Board of Mediation

New Jersey Public Employment Relations Commission—Arbitration Panel

NY/NJ Port Authority Employee Relations Panel-- New Jersey Appointee

Pennsylvania Bureau of Meditation

R. 1:40 Arbitrator Civil and Lemon Law Panels (NJ Superior Court, Monmouth Vicinage)

FEES

$250 Per Hour-- Hourly rate for preparation, hearing, research, study, and writing Award & Opinion

Cancellation charges: $1,600 if less than 14 calendar days' advance notice

Expense reimbursement for mileage, tolls, parking, train & airfare. Travel to hearings in Florida billed from The Villages, Sumter County. Hourly rate may be charged for travel time in excess of 6-hours round trip.

ARBITRATION ARTICLES

“The Acceptability of Inexperienced Arbitrators: An Experiment,” with Allen K. Miller, Labor Law Journal (December 1971)

“The Use of ‘Arb-Med’ for Grievance Resolution in the United States,” presented at the Saint John’s Law School, Chartered Institute of Arbitrators, & NASD Conference in London, England (July 27, 2006)

“Are Grievance Settlements Arbitrable?” ACResolution (Spring 2008)

“Arbitrating Social Media Grievances,” Patrick Westerkamp & Rebecca Esmi, New Jersey Lawyer Magazine (Apr. 2011/ No. 269)
“Dilemmas Facing Advocates and Arbitrators Who Mediate Grievances,” Rutgers Conflict Resolution Law Journal, Vol. 9 - Issue 1 (Fall 2011)

USEFUL LINKS

www.acrnet.org : Association for Conflict Resolution. Professional organization advancing the practice and understanding of conflict prevention and resolution.

www.cpradr.org : International Institute for Conflict Prevention & Resolution. Helping global business and their lawyers resolve complex commercial disputes

www.finra.org : Providing arbitration and mediation for securities related disputes.

www.hamline.edu : Hamline University School of Law, Dispute Resolution Institute.

http://law.pepperdine.edu/straus/ : Straus Institute for Dispute Resolution at Pepperdine University School of Law. Educational institution in the field of dispute resolution offering Certificate, Master's (M.D.R.) and LL.M. in Dispute Resolution.

www.nlrb.gov : National Labor Relations Board. Independent federal agency vested with the power to safeguard employees' rights to organize, and to bargain collectively.

www.pon.harvard.edu : Program on Negotiation, Harvard Law School. Interdisciplinary research center dedicated to theory and practice of negotiation and dispute resolution.

www.NADN.org  the National Association of Distinguished Neutrals, an association whose membership consists of arbitrators and mediators and distinguished by their hands-on experience in the field of civil and commercial conflict resolution.

www.njmediators.org/roster  NJ’s Chapter of the National Association of Distinguished Neutrals.

www.leranj.ning.com  The New Jersey Chapter of the Labor and Employment Relations Association, an organization comprised of seasoned labor representatives, management officials, attorneys, and neutrals. The Chapter holds monthly meetings on topic of interest to the labor/management community.
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