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BARRY WINOGRAD

 

Arbitrator and Mediator

[March 2014]

 

Lake Merritt Plaza
1999 Harrison Street, Suite 1400
Oakland, CA  94612
Tel: (510)465-5000 [Direct Dial/Voice Mail: (510)273-8755]
Fax: (510)273-8746
Email: winmedarb@aol.com

Professional Dispute Resolution Activity

Full-time, exclusive practice since 1988 as an arbitrator and mediator, with an emphasis on labor and employment, business, and other civil disputes.  Extensive background in the fields of public and private sector labor relations, employment discrimination, wrongful termination, and civil rights.  Experience in civil and commercial matters includes business, securities, professional negligence, real estate, partnership, and personal injury claims.  Arbitration and mediation of more than 2,500 cases, a number with claims in several figures as well as complex multiparty and class action disputes.  Listed on dispute resolution rosters for courts and appointing agencies, and service on permanent labor-management arbitration panels.

Professional Background

January 1988 to present, Arbitrator and Mediator; 1980-1987, Administrative Law Judge, California Public Employment Relations Board; 1979-80, Counsel to the Chairman, California Public Employment Relations Board; 1978, Of Counsel, Farnsworth, Denison and Saperstein; 1973-77, Attorney, United Farm Workers of America.

Education

LL.M., University of California, Berkeley (Boalt Hall) (1985);
J.D., University of California, Berkeley (Boalt Hall) (1971);
B.A., University of California, Santa Barbara (1966).

Teaching and Training (Partial Listing)

Adjunct Law Faculty: University of California, Berkeley (Boalt Hall), 1985 to present (labor law, arbitration, and mediation); University of Michigan, 2004 to 2009 (labor law and arbitration).  Faculty and participant in many ADR educational sessions, including co-development of nationwide FMCS arbitration training programs.

Publications (Partial Listing) “Revisiting the Elements of Just Cause,” 64 NAA Proceedings 327 (BNA 2011); “An Introduction to the History of Interest Arbitration in the United States,” 61 Labor Law Journal 164 (Fall 2010); “The Steelworkers Trilogy at 50 Years: Judicial Authority vs. Private Adjudication of Labor-Management Disputes,” California Labor & Employment Review (July 2010); “The Pyett Decision: A Major Shift in Doctrine, but Limited Impact,” California Labor and Employment Law Review (July 2009); “An Introduction to Mandatory Arbitration and Class Action Waivers,” 61 NAA Proceedings 127 (BNA 2008); “A New Day Dawning or Dark Clouds on the Horizon? The Potential Impact of the Pyett Case,” 59 Labor Law Journal 227 (Oct. 2008); “After Fair v. Bakhtiari: Sealing the Deal in Mediation,” California Labor & Employment Review (May 2007); “Sometimes More is Just More-Make Your Next Labor Arbitration More Efficient,” California Labor & Employment Review (Jan. 2007); “Evidence in Labor Arbitration: How Arbitrators Rule,” 58 NAA Proceedings 249 (BNA 2005); “Innovations in Dispute Resolution: The Las Vegas Hotel Industry,” 57 NAA Proceedings 118 (BNA 2004); "To Be or Not to Be - at the Employment Mediation," California Labor & Employment Law Quarterly (Fall 1999); "Men as Mediators in Cases of Sexual Harassment," 50 Dispute Resolution Journal 40 (April 1995); "Mediation of Securities Disputes," in Alternative Dispute Resolution Practice Guide (Lawyers Co-op Pub. 1993); "Arbitration in the Union Workplace," in California Alternative Dispute Resolution Practice (Shepard's/McGraw-Hill 1993);  "Using Expert Witnesses in Broker-Customer Securities Arbitrations," 46 Arbitration Journal 16 (June 1991); "The Duty of Fair Representation," California Public Sector Labor Relations (Matthew Bender 1989); California Public Employees and the Developing Duty of Fair Representation, 9 Industrial Relations L. J. 410 (1987); San Jose Revisited: A Proposal for Negotiated Modification of Public Sector Bargaining Agreements Rejected Under Chapter 9 of the Bankruptcy Code, 37 Hastings L. J. 231 (1985).

Professional Associations

National Academy of Arbitrators; College of Labor and Employment Lawyers; California State Bar, Labor and Employment Law Section; California Dispute Resolution Council

Compensation (Effective March 1, 2014)

Arbitration and Mediation:  $580 per hour. Minimum fee is five hours per day. If a session is postponed or canceled with notice of less than 28 days (42 days for sessions of two or three days, and 56 days for sessions of four days or more), the five hour minimum fee for each scheduled day applies if another matter cannot be set in its place.

Travel charges: Travel outside the immediate San Francisco Bay Area will be billed at one-half the hourly rate. Parties are responsible for reasonable travel costs (airfare, hotel, car rental, food), but not for routine office expenses.

(A separate fee schedule applies for labor relations proceedings involving collective bargaining relationships.)

 

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