Arbitration//Mediation/Labor Relations Experience

 

2000– Present: Arbitrator, Mediator and Fact Finder involving labor and employment disputes.   

1994-2000: Assistant Circuit Executive, Ninth Circuit Federal Courts.  Assisted in design and implementation of an Employee Dispute Resolution Plan, mediated employee disputes, assisted committees of judges in equal employment opportunity policy-making and Alternative Dispute Resolution programs.

1992-1994: President, Seahurst Associates– Served as a consultant, arbitration advocate and representative before government agencies including the NLRB, EEOC and state labor organizations.

1987-1992: Vice President, Human Resources for Alaska Airlines– Negotiated labor contracts with airline pilots, mechanics, ground service and customer service; Served as Chairman on four-member System Boards of Adjustment (Arbitration under Railway Labor Act) for all collective bargaining agreements.

1975-1987: Director of Industrial Relations for Louisiana-Pacific Corporation– Chief Negotiator for all Pacific Coast labor contracts; served as an advocate in scores of labor arbitration cases and before NLRB and all other federal and state labor agencies.  Chairman, Lumber Industry Pension and Health and Welfare (Taft-Hartley) Trusts.

 

1972-1975: Attorney- Pettit & Martin– Legal representation in labor negotiations, arbitration, civil litigation and appearances before state and federal regulatory agencies. Served on a team of consultants for the California State Employees Association (CSEA) in that union’s preparations for newly legislated collective bargaining.

Industry/Issues Experience 

Industries: Airlines, bakery, building products, construction, education, federal sector,  health care, hotels/motels/casinos, hospital/nursing home, lumber, metal fabrication, office workers/clerical, packaging, police and fire protection, plastics, pulp and paper, retail stores, public education, state and local public services. 

Issues:  Absenteeism, arbitrability, bargaining unit work, conduct (off duty/personal), discipline (discharge)  discipline (non-discharge), disability discrimination, drug/alcohol offenses, holidays, insurance, vacation, job performance, job posting/bidding, layoffs/bumping/recall, management rights, overtime pay, past practices, pension and welfare plans, promotion, safety/health conditions, seniority, sexual harassment, strikes, subcontracting/contracting out, tenure/reappointment, holiday pay, job classification, work hours/schedules/assignments.  

Publications:      How to Prepare and Present a Labor Arbitration Case  (BNA Books, 2^nd Ed., 2006)
                           Negotiating a Labor Contact (BNA Books, 3rd Ed., 2003)

Teaching:           Adjunct Professor        University of Washington, Seattle (Graduate Business School)
                                                              University of Michigan , Ann Arbor (Executive Mgt. Program)

Fee Schedule

Grievance Arbitration: Per diem fee of $1000 applies to each full or partial day of hearing.  If a hearing scheduled for one day exceeds eight hours, hours beyond eight are billed on a pro rata basis.  Preparation, research and writing is prorated on an hourly basis of eight hours per day. 

Arbitration Cancellation Fee and Policy: Cases cancelled with fewer than 15 business days notice (excludes Saturdays, Sundays and holidays) are billed at one day’s fee for each day that was scheduled for the hearing.  The cancellation fee will not be assessed if another case can be set to fill the time scheduled for the case that was cancelled. 

Interest Arbitration, Mediation, and Fact Finding: Per diem fee for each full or partial day of hearing is $2,400. Preparation, research and writing are billed at a rate of $300 per hour.  Cases scheduled for mediation and cancelled with fewer than 15 business days notice (excludes Saturdays, Sundays and holidays) are billed for one-half day.

Travel Time & Travel Expenses: Travel in Oregon is billed from the Klamath Falls address or from the Portland International Airport, whichever is less costly to the parties. Travel required for cases in California, Nevada, Washington, Arizona and all other states is billed from the Oakland address.  Travel on the day of the hearing is included in the per diem fee.  Travel time required prior to or following the day(s) of the hearing is billed at a prorated percentage of the applicable per diem.  Actual and reasonable expenditures for transportation, meals, lodging and tolls are billed at cost.  Travel in the neutral’s own vehicle is billed at the applicable IRS rate.