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Norman Brand, Esq.
Arbitrator/Mediator
150
Lombard Street, Suite 3
San Francisco, CA 94111-1133
Phone: (415)
982-7172
Fax: (415) 982-8021
Email:
nb@normbrand.com
Professional
Dispute Resolution Experience
Over 20 years’ experience as arbitrator and mediator in more than 2000 labor,
employment, and other cases. Served
on specialized panels requiring scientific literacy in biochemistry, medicine,
and psychiatry, and an understanding of research and laboratory procedures.
Cases include labor-management disputes over discipline, discharge, and
new contract terms; employment arbitrations and mediations involving age, sex,
race, national origin discrimination, and sexual harassment; wrongful
termination, executive compensation (golden parachute) statutory and employment
contract violations in diverse industries, including computer hardware,
pharmaceuticals, and biomedical products. Other
disputes involved trade secrets, intellectual property, environmental
contaminants, medical and scientific issues, and business relationships.
Special areas include MPPAA withdrawal liability (including complex
actuarial issues), trust fund collections, loans, and trustee deadlocks; salary
setting for police and firefighters in cities over one million; salary setting
and other disputes for employees involved in the generation, transmission, and
distribution of electricity. Some
arbitration decisions involved unique issues of law and have been reviewed by
federal courts. Cases arbitrated
have been valued to $50 million; largest arbitration award issued was $40
million. Trained state and federal
judges in mediation, fact finders for California Public Employment Relations
Board, and mediators for New York Public Employment Relations Board.
Professional
Background
Arbitrator, Mediator, Full-time Neutral, Self-employed, 1983-present; Adjunct
Professor, Hastings College of the Law, 1992-1997; President, Impartial
Enterprises, Inc., 1985-88; Professor, Albany Law School of Union University,
1978-83; Ad Hoc Mediator, New York State Public Employment Relations Board,
1978-83; Labor Counsel, Emergency Financial Control Board, City of New York,
1976-78; Executive Assistant, New York State Director of Employee Relations,
1975-78; Editorial Consultant/Technical Writer, 1972-75; Professor of English,
University of California at Davis, 1970-72; Professor/Consultant, Council on
Legal Education Opportunity, 1969-74.
Publications
(Partial
List)
Editor, How ADR Works (BNA:2002);
Co-Author, Designing Integrated Conflict Management Systems, (Cornell
Studies in Conflict and Dispute Resolution: 2001); Editor in Chief, Discipline
and Discharge in Arbitration, (BNA:1998); ADR
Personalities and Practice Tips, Chapter 8, ABA Section of Dispute
Resolution (Washington, D.C.: 1998); "Due Process in Arbitration," in
Bornstein and Gosline Labor and Employment
Arbitration, (Matthew Bender: 2000); Labor
Arbitration: The Strategy of Persuasion, (PLI: 1987); Legal Writing: The
Strategy of Persuasion, (St. Martin’s Press: 3rd ed. 1993)
"Learning to Use the Mediation Process - A Guide for Lawyers," 47
Arbitration Journal 6 (December, 1992), reprinted
in Craver & Brunet eds. Alternative
Dispute Resolution, (MICHIE, 1997).
President,
California Dispute Resolution Council, 1998.
Fellow, The College of Labor and Employment Lawyers
Fellow, American College of Employee Benefit Counsel
Board of Directors, California Dispute Resolution Council 1999-2000
Board of Directors, California Dispute Resolution Institute 2000-2002
President, Industrial Relations Association of Northern California, 1994-95.
Member, National Academy of Arbitrators, Chair, Northern California (1990-2).
American Arbitration Association National Employment Advisory Council
Member, American Association for the Advancement of Science
Chair, International Foundation of Employee Benefit Plans, American Arbitration
Committee, 1990, Member, 1988 -1989.
Chair, Association of American Law Schools, Section on Labor Law, 1983.
California Bar (1976); New York Bar (1983)
Secretary, Labor and Employment Law Section, California Bar Association, 1988,
Member, 1985-1988, Advisor, 1989-91, Chair, Editorial Board, Labor and
Employment Law Quarterly, 1990-1992.
Compensation
(Non-Collective Bargaining Cases)
Arbitration: $400 per hour for all hearing and study time.
Minimum hearing day: four (4) hours. Late cancellation fee: Hourly fee for all cancelled dates unless more than
20 working days’ notice. If three or more consecutive dates scheduled,
35 working days' notice required. Mediation:
$4,000 per day. Travel and
subsistence charged for cases outside the San Francisco Bay area.
A separate fee schedule applies in labor-management collective bargaining
cases and interest arbitrations.
Awards
2003 NAC 102 City of Las Vegas and Las Vegas Fire Fighters Association, Local 1285, IAFF - Norman Brand
2002 NAC 125 City of Modesto and Modesto City Firefighters Association (IAFF Local 1289) - Norman Brand
2001 NAC 101 City of Portland and Portland Firefighters Assn. Local 43 - Norman Brand
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