Professional Work History:
BAR MEMBERSHIP
Admitted to the New York State Bar, March 1984; New Jersey State Bar, December 1989; also admitted to the bar of the United States Supreme Court and the bars of the United States Courts of Appeals for the Second Circuit, Third Circuit and Fifth Circuit, and the bars of the United States District Courts for the Southern, Eastern, Western and Northern Districts of New York and the District of New Jersey.
LEGAL EXPERIENCE
Arbitrator and Mediator
Self-employed July 2010 – present
Resolution of disputes arising under collective bargaining agreements individual employment contracts, and in the securities industry. Member of the following panels: Federal Mediation and Conciliation Service; American Arbitration Association’s Labor Panel; American Arbitration Association’s Employment Panel; New Jersey Public Employment Relations Commission; New York State Public Employment Relations Board’s Public and Private Sector Panels; New York City Office of Collective Bargaining Arbitration Panel; New Jersey State Mediation Board’s Labor Panel; National Mediation Board’s Roster of Arbitrators; TEACHNJ Arbitration Panel; New York State Education Department’s 3020-a Panel; Port Authority Employment Relations Panel; the FINRA arbitration and mediation panels; Commercial Mediation Panels of New York State Supreme Court in New York, Westchester, Nassau and Queens Counties; United States District Court for the Eastern and Southern Districts of New York Mediation panels. Private Mediations concerning all aspects of employment law including claims of discrimination under Federal and State law, and wage and hour claims under Federal and State law. Certificate in Employment Law Mediation Training, Scheinman Institute on Conflict Resolution, Cornell University, ILR School.
Writers’ Guild of America, East, Inc.
Senior Counsel February 2008 – June 2010
Worked closely with the governing Council of the Guild to enforce collective bargaining agreements with the Association of Motion Picture and Television Producers and with the major television networks. Provided counsel on a wide variety of issues, including disputes arising under the various collective bargaining agreements, the Labor Management Reporting and Disclosure Act, the National Labor Relations Act, New York State Law, and questions concerning intellectual property.
Broach & Stulberg, LLP
Counsel September 2005-February 2008
Representation of both public and private sector unions in a variety of industries, including entertainment, construction, and public utilities. Representation of individuals in employment disputes.
Kennedy Schwartz & Cure, PC
Partner September 1995-September 2005
Union-side labor, employee benefit and employment law firm. Representation of clients in both Federal and State courts and before the NLRB and PERB and extensive litigation and negotiation experience
Lewis Greenwald Kennedy Lewis Clifton & Schwartz
Partner September 1991-September 1995
Associate March 1984-September 1991
Labor and employment practice devoted to litigation in both Federal and State courts; significant experience in a variety of procedural settings, including class actions and Article 78 proceedings.
Dispute Resolution Experience
Neutral Experience
National Academy of Arbitrators
June 2016 – present
Vice-Chair Region 2 - 2019-2020
American Arbitration Association
Labor Panel, 2010-present
Employment Panel, 1995- present - Co-Chair of the Panel 2015-present
Storm Sandy Mediation Panel, 2013
Arbitration of disputes arising under individual contracts of employment and collective bargaining agreements, tenure disputes arising under New York State Education Law §3020-a. Mediation of insurance disputes arising from a major storm.
Permanent Panels
Local 177, International Brotherhood of Teamsters and United Parcel Service; Local 827, International Brotherhood of Electrical Workers and Verizon (Discharge and Suspension Panels); New York State 3020a Panel; TEACHNJ Arbitration Panel; Local 701 Welfare Fund; Roofers Local 4 Funds; UFCW Local 2013 and DO & CO New York Catering.
Federal Mediation and Conciliation Service
Panel member, 2010-present
Arbitration of disputes arising under collective bargaining agreements.
National Mediation Board
Roster member, 2010-present
Arbitration of disputes under the Railway Labor Act.
Port Authority Employment Relations Panel
Hearing Officer, 2016-present
Adjudicate disputes between the Port Authority of New York and New Jersey and its constituent unions.
Financial Industry Regulatory Authority
Arbitration Panel member, 2002-present
Mediation Panel member, 2014-present
Arbitration and Mediation of disputes arising in the securities industry.
New Jersey Public Employment Relations Commission
Panel member, 2011-present
Interest Arbitration Panel member 2014-present
Arbitration of disputes arising under collective bargaining agreements in the public sector of the State of New Jersey. Mediation of contract disputes in the public sector. Member of the Interest Arbitration Panel issuing Interest Arbitration Awards for police and fire department bargaining units.
New Jersey State Board of Mediation
Grievance Panel member 2004-present;
Member Withdrawal Liability Panel, 2015 - present
Arbitration of disputes arising under collective bargaining agreements.
New Jersey TEACHNJ Arbitration Panel
Panel member, July 2016-present
Arbitration of teacher tenure disputes.
New York City Office of Collective Bargaining
Panel 2010-present
Arbitration of disputes concerning New York City public employees covered by collective bargaining agreements.
New York State Public Employment Relations Board - Public and Private Sector Panels
Panel member 2008-present;
Member of the Mediation Panel 2016 - present
Arbitration of disputes arising under collective bargaining agreements in both the public and private sectors. Mediation of collective bargaining agreements.
New York State Division of Human Rights
Per Diem Administrative Law Judge 1996-1998
Heard cases involving allegations of employment discrimination.
Supreme Court State of New York
Commercial Mediation Panels
Member of the Commercial Mediation Panels of the Supreme Court State of New York in New York, Queens, Nassau, and Westchester Counties.
United States District Court, Southern District of New York
Civil Mediation Panel October 2011-present
Mediation of cases referred by the Court; with an emphasis on employment matters.
United States District Court, Eastern District of New York
Civil Mediation Panel July 2017 – present
Mediation of cases referred by the Court; with an emphasis on employment matters.
Storm Sandy Mediation Panel May 2014 – present
Mediation of insurance disputes arising from Super Storm Sandy.
Cornell University Dispute Resolution Training (Course titles and dates taken)
Employment Law Mediation Training; November 14-18, 2011
Other Dispute Resolution Training
New York State Bar Association, Dispute Resolution Commercial Mediation Training Program, 2011; AAA Labor Arbitrator II Workshop, 2011; New York State Division of Human Rights Mediation Training, 2010; AAA - Labor Arbitrator I, 2010; FINRA Chairperson Training, 2010; Association of the Bar of the City of New York, Basic Mediation Training, 2009; AAA Webinar, Understanding and Addressing Bias in the Workplace, 2009; AAA Dealing With Delay Tactics in Arbitration (ACE004), 2008, 2005; AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2007; Attended AAA Neutrals Conference, 2006; AAA Pro Se: Managing Cases Involving Self-Represented Parties (ACE002), 2006; AAA Arbitrator Ethics & Disclosure (ACE003), 2006, 2004; AAA Employment Arbitrator II Training: Advanced Case Management Issues, 2002; FMCS Labor Arbitration Training, 2001; AAA Arbitrator Update 2001; NASD ADR Training, 2000; AAA Commercial Arbitrator Training, 1999; AAA Employment Arbitrator Training, 1999; AAA Employment Arbitrator Training, 1997; AAA Employment Orientation Seminar 1996; AAA Human Rights Panel Member Training, 1991.
Professional Associations
American Bar Association Labor and Employment Section New York State Bar Association Labor and Employment Section New York State Bar Association ADR Section Association of the Bar of the City of New York New Jersey State Bar Association Labor and Employment Committee Labor and Employment Research AssociationPublications
“Labor Arbitration v. Employment Arbitration” Brooklyn Barrister, vol. 63, No.9, June 2011
Co-author, Employment Law Handbook for Non-Lawyers, Association of the Bar of the City of New York, August 2006
Comment, Terry: Will it Ever Stop? United States v. Ceballos, 48 Brooklyn L. Rev. 911 (1982)
Is there a Need for an Emergency Homeowner Relief Act? Congressional Research Service, 126 Cong. Rec. S.7727 (1980) (inserted by Senator Levin)
Speaking Engagements
Moderator at National Academy of Arbitrators May 2019 Conference, Wage and Hour Disputes: What Arbitrators and Mediators Need to Know, May 29, 2019
Panelist at New Jersey Public Employment Relations Commission Symposium. “Issues in Disciplinary Terminations”, October 16, 2015
Moderator at Brooklyn Bar Association Panel, “Court Mandated Mediation”, March 31, 2014
Faculty Member at United States District Court, Southern District of New York program “Employment Law Training for Mediators”, February 27, 2014
Faculty Member at American Arbitration Association program “Introduction to Labor Arbitration Advocacy”, October 3, 2012
Panelist at Brooklyn Bar Association continuing legal education program “Independent Contractors v. Employees: Who is Covered and How”, May 2012
Panelist at Brooklyn Law School’s Entertainment and Sports Law Society “Developments in Entertainment Law”, November 2009
Panelist at Cardozo Law School’s program entitled “Strike Up the Band; When Entertainment Unions Go on Strike”, February 2009
Moderator of Panel at the Association of the Bar of the City of New York entitled: “Ethics in Labor & Employment Law; Issues for Attorneys and Arbitrators”; presented paper “Labor Arbitration v. Employment Arbitration”, June 2006
Other Professional Experience
St. John’s University School of Law
Adjunct Professor – Fall 2012 and Spring 2014, Class entitled “Labor and Employment Arbitration”
Empire State College
Instructor January-June 1989, taught class entitled “Trade Unions”
Congressional Research Service, Library of Congress
Senior Research Assistant to the Senior Specialist in Labor, December 1978-August 1980
International Ladies Garment Workers Union, Southern-Missouri Arkansas District Council
Organizer, October 1977-November 1978
Education
Brooklyn Law School Juris Doctor, June 1983 Member of the Law Review University of Massachusetts at Amherst M.S. Labor Studies, May 1977 Instructor for Orchard Hill Residential College; developed and taught course entitled: ?A History of Machine Politics? State University of New York at Binghamton B.A. Sociology, May 1975
References
Howard Edelman, Esq. hcearb@gmail.com 119 Andover Road Rockville Centre, NY 11570 516-764-4316 Rosemary Townley, Esq. r.townley@verizon.net 4 Collidge Street Larchmont, NY 10538 914-834-6272 Jeffrey Englander, Esq. jenglander@morrisoncohen.com Morrison Cohen 909 Third Avenue New York, NY 10022 Pearl Zuchlewski, Esq. pz@kzlaw.com Kraus & Zuchlewski 500 Fifth Avenue New York, NY 10110 212-869-4646 Kraus
Fee Policy
Mediation $300/hour Employment Arbitration $1800/day $300/hour for pre and post hearing matters Labor Arbitration $1800/day Full per diem for cancellations less than ten business days before scheduled hearing. Expenses if required to travel outside the New York Metropolitan Area