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LUELLA E. NELSON

Luella.Nelson@SBCGlobal.Net

4096 Piedmont Avenue, #159
Oakland, CA 94611-5221
(510) 658-4959 • FAX (510) 658-9423

4306 NE Mason Street
Portland, OR 97218-1737
(503) 503-281-8343 • FAX (503) 281-8493

PROFESSIONAL EDUCATION AND AFFILIATIONS

Harvard Law School, Cambridge, Massachusetts, J.D. 1976; Macalester College, St. Paul, Minnesota, B.S. cum laude, Economics and Political Science (Honors in Economics) 1973.

National Academy of Arbitrators (Regional Chair 2008-2010; Legal Rep Committee); College of Labor & Employment Lawyers; Bar Assn of San Francisco, Labor & Employment Law § (Chair 2002-2004), ADR §; Oregon State Bar,  Labor & Employment Law § (Chair 1999-2000), ADR §; Labor Education & Research Assn (President 1998-99, Oregon Chapter IRRA); State Bar of California, Labor & Employment Law § (Chair 1991-92); Assn for Conflict Resolution (Vice President 1988-89, Board of Directors 1987-91, Northern California Chapter SPIDR); American Bar Assn, Labor & Employment Law § (Labor Arbitration and the Law of Collective Bargaining Agreements Committee; Committee on Development of the Law Under the NLRA), Dispute Resolution §, Law Practice Management §; Oregon Women Lawyers; Multnomah Bar Assn; Professional Organization of Women in Employment Relations

ARBITRATION/MEDIATION/LABOR RELATIONS EXPERIENCE

Arbitrator, Mediator, Factfinder, Special Master (1986-present).  Neutral dispute resolution, primarily in labor and employment cases from panels, rosters and ad hoc appointments

Member of the Oregon Employment Relations Board (2003-2004).  Administered statute governing employment relations in state and local government entities.

Counsel, Senior Counsel, and Field Attorney with the National Labor Relations Board in Washington, D.C., headquarters (1976-81) and Oakland, California, Region (1981-86).  Drafted decisions, dissents, and speeches for Board Member; investigated intra‑agency EEO charges; bargaining committee and shop steward, NLRBPA.  Investigated unfair labor practice and representation cases at regional office; litigated and settled unfair labor practices; held elections and hearings.

Hearing Officer for UMWA Health & Retirement Funds, under settlement in Blankenship v. Mine Workers Fund, 82 LRRM 3071 (DC DC 1973).  Counseled pension applicants; investi­gated appeals of pension denials; conducted eligibility hearings­­.

New York City Urban Fellow, City Commission on Human Rights.  Investigated charges of dis­crim­ina­tion in employ­ment, housing, and public accommodations; drafted recruitment guidelines for archi­tecture schools; drafted reorganization plan for Commission staff; organized hearings on Vietnam-era veterans.

PANELS · INDUSTRIES · ISSUES

AGENCY: AAA; FMCS; National Mediation Board; Oregon ERB; Washington PERC and MEC; California Mediation and Conciliation Service and PERB; Los Angeles City ERB; Nevada Labor Commissioner; Marin County Superior Court Panel of Mediators; U.S.D.C., Northern California, Federal Panel; Hearing Officer for Election Appeals, International Brotherhood of Teamsters Delegate and Officer Election; Office of Senate Fair Employment Practices; North American Agreement on Labor Cooperation; Marion County (Oregon) Appeals Panel; City of Portland (Oregon) Civil Service Hearing Officer.

PERMANENT PANELS: Kaiser Permanente/UFCW, Local 555; Pacific Bell/CWA; Simpson Paper/ UPIU; Pope & Talbot/USWA; East Bay Hospitality Ind Assn/HERE Local 28; Parc Oakland Hotel/HERE Local 28; Santa Clara Hospitality Ind Assn/HERE Local 19; AT&T Mobility/CWA; Marion County/SEIU Local 503; Santa Clara County/SEIU Local 715; San Francisco/DPOA; State of Alaska/LT&C, Public Employees Local 71; Petersburg/Alaska Public Employees Assn; BART/ATU; AC Transit/ATU 192; SamTrans/ATU 1574; University of Cal/UPTE; University of Cal/AFT; Cal Teachers Assn/Cal Associates Staff;  FAA/NATCA; US Dept of Agriculture FSIS/AFGE; US Dept of Homeland Security/NTEU.

INDUSTRIES: Aerospace, agriculture, airlines, automotive, bakery, beverage, cement, cemetery, chemicals, clerical, communications, construction, dairy, education, entertainment/arts, federal sector grievance, feed & fertilizer, food, grain mill, health care, hotel/restaurant, insurance, local government, lumber, mfg. misc., maritime, meat packing, mining, nuclear energy, organizations, packaging, paint & varnish, plastics, police & fire, printing & publishing, prison guard, private/public sector interest, public sector grievance, pulp & paper, railroads, retail stores, transportation, trucking & storage, utilities, warehousing

ISSUES:  Absenteeism, affirmative action, alcohol/drug abuse, arbitrability, assignment, AWOL, bargaining unit work, benefits denial, COLA, con­tract­ing out, demotion, discharge, discipline, discrimination, environmental pay, executive compensation, fair share, grievance mediation, holiday/holiday pay, insub­ordination, interest, job classification, job eval­u­ation, job posting/ bidding, jurisdiction, layoff/bumping/ recall, leave of absence, management rights, mergers/consoli­dations, new/reopened contract terms, official time, overtime, past practice, pension/health, performance appraisals, promotions, rate of pay, reassignment, RIF, report/call‑in/call-back, safety, scheduling, seniority, severance pay, sexual harassment, shift hours, sick leave, subcontract­ing, successorship, tenure/reappointment, training, transfer, union access/security, union business, vacation, violence/threats, wages, work week change, working conditions, wrongful termination

FEE SCHEDULE

Grievance Arbitration: $2,000 per day for hearing, research, analysis, and preparation of opinion and award.  A hearing day is any portion of a day up to 8 hours.  A day for research, analysis, and preparation of opinion and award is 4 to 8 hours; 1 to 4 hours are charged at half-day rates.  No fee for the first hour of pre-hearing telephone conferences.  All other time spent on pre- and post-hearing matters (e.g., telephone conferences, motions, review of documents, analysis and preparation of rulings) billed at $500 per hour.

Mediation, Special Master, Interest Arbitration, and Non-Labor (Employment) Arbitration: $500 per hour for all time spent (except first hour of pre-hearing or pre-mediation telephone conferences), with 4-hour minimum fee for each hearing or mediation session.

Travel: $2,000 per day for grievance arbitration if one-way travel time from nearest office exceeds 4 hours.  For all other services, $300 per hour if one-way travel time from nearest office exceeds 2 hours.

Expenses: Actual cost for transportation, food, lodging, and incidental expenses.  Mileage at 60¢/mile.

Cancellation Policy: If a hearing or mediation session is postponed or canceled within 28 days of the first scheduled day, per diem or 4-hour minimum, as applicable from above, for each scheduled day is charged unless the parties substitute another matter for the same day(s).  For matters scheduled for 5 or more hearing days or mediation sessions, cancellation fee applies to scheduled day(s) removed from calendar at any time.

Billing Policy: Interim bills for fees and expenses after any hearing or mediation session lasting multiple days, between and after non-consecutive days on the same matter, and after days requiring air travel.  Simple interest at 1.5% per month (18% per annum) may be added to accounts remaining unpaid after 30 days.

SELECTED MEDIATION TRAINING

Advanced Employment Mediation (5-day program co-sponsored by the Alliance for Education in Dispute Resolution and Cornell/PERC Institute on Conflict Resolution), November 5-9, 2001; Advanced Mediation (3-day program sponsored by the United States Arbitration & Mediation Service), January 2001

SELECTED PUBLICATIONS

Co-Author, Did He Do It?: Employer Handbook “Just Cause” Meets the Collective Bargaining Agreement, 17 LERC Monograph Series 17 (2003)
Contributor to Discipline and Discharge in Arbitration (BNA, 1998; 2000 supplement), and The Develop­ing Labor Law:  the Board, the Courts, and the National Labor Relations Act, Third Edition (BNA, 1992)
Editor, Ask the Arbitrator column, California Labor & Employment Law Quarterly (1997-99)
One Arbitrator's Thoughts on SB 1638, California Labor & Employment Law Quarterly, Summer 1994
Public Policy and Arbitration Awards - The Continuing Saga, 84 CPER 10, March 1990
Vacating Arbitration Awards on Public Policy Grounds:  The Continuing Saga, California Labor & Employment Law Quarterly, Summer 1990
The Case of the Missing Party:  USCA Approves "Ex Parte" Arbitration, 76 CPER 11, March 1988

SELECTED SEMINAR PRESENTATIONS · TEACHING

MONTANA BOARD OF PERSONNEL APPEALS: Arbitration & Labor Relations Conference (9/09)
FMCS/CHINESE MINISTRY OF PERSONNEL: Personnel Arbitration Symposium (10/07)
NATIONAL ACADEMY OF ARBITRATORS: Ethics and Due Process in Arbitration (5/09); Advanced Advocate Training (5/07)
UNIVERSITY OF OREGON LERC PERC:
Just Cause: The 7 Tests Revisited (4/06); Ask the Arbitrator (4/05); Leading ERB Cases of 2003‑04 and ERB Roundtable:  Finality in Interest Arbitration (4/04); The PECBA at Twenty; Comments and discussion by a panel of arbitrators (4/94)
Federal Mediation and Conciliation Service:
Ask the Grievance Arbitrator (3/06); Ethics in Med/Arb and “Ask the Arbitrator” (3/05); Ethics in Arbitration and Mediation (3/04); Mental Health – The Bipolar Personality in the Workplace; Evidence After Discharge; and “Ask the Arbitrator” (3/03)
Bar Association of San Francisco, Labor and Employment Law Section:
Ethical Standards for Contractual Arbitration (7/02); Settlement’s Toughest Challenges (2/02)
Oregon Employment Relations Board: Arbitrator Immunity and Ethics (11/01)
State Bar of Oregon, Labor and Employment Law Section: Ethics in Mediation and Arbitration (10/01)
California School Employers Association:
Impasse Disputes under EERA: Mediation, Factfinding and Strikes (10/01)
CalPELRA Labor Relations Academy II: The Arbitration Process (multiple times 1996-2009)
CalPELRA Advanced Labor Relations Academy IV:  Binding Interest Arbitration (2/01)
NPELRA Labor Relations Academy II:  Grievance Arbitration in the Public Sector (3/00)
American Bar Association, Labor and Employment Law Section, Arbitration Subcommittee:
Privileges in Arbitration
(2/98)
American Arbitration Association:
Arbitration Case Preparation and Presentation (2/96); Evidentiary Issues in Arbitration (3/91)
Oregon LERA:
Arbitration: Past, Present, Future:  Grievance Mediation Workshop (10/97); Ethics in Collective Bargaining:  Building Trust in the Workplace (9/96)
Third Oregon Governor's Conference on Labor-Management Cooperation (10/95)
State Bar of California, Labor and Employment Law Section:
Ask the Arbitrator (4/97); Ethics for Labor and Employment Lawyers (1/97); Identifying Unconscious Bias in the Legal Profession (5/93); Binding Arbitration of Common Law and Statutory Employment Claims (5/93); IRCA for Employment Attorneys (10/90); Special Industry Issues:  Banks and Other Financial Institutions (10/89); Employment Discrimination Update (5/89)
Northwest Alternative Dispute Resolution Conference:  Public vs. Private Justice (9/92)
California Association of Affirmative Action Officers:  Alternative Dispute Resolution (5/93)
State Bar of California, Annual Meetings:
Wrongful Termination:  Alternatives to Litigation (9/89); Wrongful Termination Update (9/88)

 

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