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 Program
Description
Ethics in Labor & Employment Issues for Attorney's Arbitrators
Provided By:
New York City Bar
Approved for CLE credit in:
AK, AZ, CA, GA, ME, MO, ND, NY, WA
This program is not approved for ethics in Oregon. Attorney's can earn general credit.
Disputes arising under collective bargaining agreements have traditionally been resolved before Labor Arbitrators. Moreover, since the Supreme Court's 1991 decision in Gilmer employment disputes arising in the non-union sector, whether out of individual employment contracts have increasingly been referred to arbitration. Frequently, arbitrators and practitioners in labor and employment matters appear in both fora, and yet the ethical obligations in a number of areas appear to diverge.
A panel of experienced arbitrators and practitioners will review and discuss the different ethical obligations that the parties and arbitrators have in labor and employment settings regarding issues such as disclosure by arbitrators concerning prior contact with the parties and their representatives; pre-award mediation of disputes, and representation of grievants in labor settings in contrast to claimants in employment settings. They will also review the governing ethical standards in the American Arbitration Association's Code of Ethics for Arbitrators in Commercial Disputes, and the Code of Professional Responsibility for Arbitrators of Labor Management Disputes.
Recorded: June 21, 2006
Running Time: 2 Hours 28 Minutes
 Agenda
Introduction and Overview
Comparing the American Arbitration Association's Rules Governing Labor Arbitration with the Rules Governing Employment Arbitration
How Arbitrators Conduct Labor Arbitrations in Contrast to Employment Arbitrations - Behavior expected of Arbitrators in different settings
Challenge to the Trilogy - A discussion of a number of Court decisions that appear to erode the amount of deference previously given to Arbitration Awards
Arbitration Rules in Other Fora: NYSE, NASD
An Advocate's Perspective - Representing Management in Labor Arbitrations vs. Employment Arbitrations
An Advocate's Perspective - Representing Unions vs. Individual Employees
 CLE Credit
Information
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 Panelist
Biographies
Richard M. Betheil
Partner
Pryor, Cashman, Sherman, & Flynn LLP
New York, NY
Richard M. Betheil joined Pryor Cashman Sherman & Flynn LLP in 1985 and has been a partner at the firm since 1989. His major practice area is labor and employment law and litigation.
Richard has regularly appeared before the NLRB, the EEOC and other administrative agencies, and in the federal and state courts on both the trial and appellate levels. A substantial part of Richard's practice is counseling clients on the full range of labor and employment matters.
Richard was admitted to the bar and U.S. District Court, Southern and Eastern Districts of New York in 1981, the U.S. Court of Appeals, Second Circuit in 1985, and the U.S. Court of Appeals, Ninth Circuit in 1992.
Richard holds an A.B. degree from Oberlin College, Phi Beta Kappa, Senior Scholar London School of Economics, and an M.A. from the New School for Social Research, Herbert Lehman Fellow, and a J.D. from New York University, Order of the Coif, Benjamin F. Butler Memorial Prize, John Norton Pomeroy Prize, Arthur Garfield Hays Fellow and the American Jurisprudence Award in Labor Law.
Richard was on the Committee on Labor and Employment Law from 1986-1988 at the Association of the Bar of the City of New York.
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Ira Cure
Counsel
Broach & Stulberg, LLP
New York, NY
Ira Cure is of Counsel to the firm of Broach & Stulberg, LLP. He has over 20 years of experience as a labor and employment lawyer, primarily representing unions. In addition, he is a member of the American Arbitration Association's Employment Panel, the New Jersey State Board of Mediation Labor Arbitration Panel, and the Arbitration Panels of the New York Stock Exchange and the NASD.
Mr. Cure has litigated extensively under the Federal Anti-Discrimination Laws, the New York State Executive Law, and Employee Retirement Income Security Act. Mr. Cure has argued before the New York Court of Appeals and the District Court of Appeals for the Second, Third and Fifth Circuits.
Mr. Cure is a 1983 graduate of Brooklyn Law School where he was a member of the law review. In addition, Mr. Cure has a Master's Degree in Labor Studies from the University of Massachusetts at Amherst, and he is a 1975 graduate of Binghamton University.
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Michael A. Curley
Partner, Labor and Employment
Morgan Lewis & Bockius LLP
New York, NY
Michael A. Curley is a partner in the Labor and Employment Practice of Morgan Lewis & Bockius LLP and practices in their New York and Philadelphia offices. Mr. Curley has represented clients in numerous proceedings before the National Labor Relations Board, both in union representation and unfair labor practice cases. He has also had extensive experience in state and federal courts, defending clients in employment discrimination and wrongful discharge cases.
In addition to his litigation and client counseling experience, Mr. Curley has negotiated and administered several collective bargaining agreements and has handled numerous labor arbitration cases. He has particular expertise in the transportation industry, where he has represented several major trucking companies and several major airlines, and in the entertainment industry, where he has represented major recording and motion picture companies.
Mr. Curley is a regular guest lecturer at law schools and Universities and is a member of the New York State Bar Association and American Bar Association.
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Howard C. Edelman
Labor and Employment Arbitrator
New York, NY
Howard C. Edelman is a full time labor and employment arbitrator who has heard over 4,500 cases in the last 23 years. He has arbitrated numerous disputes involving claims of discrimination, wrongful discharge, non-compete provisions and other issues involving non-unionized employees and employers.
Howard received his law degree in 1982 from New York Law School where he was valedictorian of his class. He also holds a Masters Degree in English from the University of Wisconsin and a Bachelors Degree from Brooklyn College.
Prior to becoming an arbitrator, Howard was a Regional Director for the New York State United Teachers and an English teacher at Great Neck North High School on Long Island. Howard lives in Rockville Centre, New York with his wife, Leslie, a former Assistant Superintendent in the Bellmore Public Schools. Their son, Keith, attends Duke University.
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David L. Gregory
Professor of Law
St. John's University School of Law
New York, NY
David L. Gregory is a member of the National Academy of Arbitrators. He has been arbitrating since 1983, and is on the AAA, FMCS, PERB, and OCB arbitration panels, in addition to many private and public contract panels (e.g., ConocoPhillips, Columbia University, University of Minnesota, Nassau County and the Nassau Medical Center, Civil Service Employees Association, Teamsters, Transport Workers). Since 1982, he is also a professor of law at the St. John's University School of Law. He teaches the entire range of the labor and employment law curriculum, in addition to constitutional law courses.
He is a former Chairperson of the Labor and Employment (1996), and Employment Discrimination (2000), Sections of the Association of American Law Schools. He has twice served three year terms on the Labor and Employment Law Committee of the ABCNY, and prior terms on the Arbitration, Civil Rights, and Employee Benefits Committees. Dave is an elected member of the American Law Institute. In addition to many published labor arbitration decisions, he is the author of more than 100 academic articles and reviews in leading law journals.
Prior to teaching and arbitrating, he was a UAW member and General Motors Cadillac assembly line worker, an APWU member and an EEO investigator with the U.S. Postal Service, a labor relations representative with Ford Motor Company, and an attorney representing management (all in Detroit, Michigan).
He earned an M.B.A. in labor relations prior to attending law school; his graduate law degrees are from the Yale Law School (LL.M., 1982; J.S.D., 1987).
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Eric P. Tuchmann
General Counsel and Corporate Secretary
American Arbitration Association
Eric P. Tuchmann is General Counsel and Corporate Secretary of the American Arbitration Association. In that capacity, he is the Association's chief legal officer and is responsible for managing the legal department and the legal affairs of the organization. His specific responsibilities include defending the Association in litigation-related matters involving the Association or its arbitrators, considering requests for the Association's submission of amicus curiae briefs, and reviewing various policies and rules that govern dispute resolution proceedings administered by the Association.
Mr. Tuchmann chaired the Association's committee to draft its Supplementary Rules for Class Arbitrations, and he also analyzes state and federal legislation impacting alternative dispute resolution, the unauthorized practice of law, and attorneys' professional rules of responsibility.
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Pearl Zuchlewski
Partner
Kraus & Zuchlewsk
New York, NY
Pearl Zuchlewski is a partner at Kraus & Zuchlewski, where she represents individual employees. She is former Chair of the New York State Bar Association's Labor and Employment Law Section. She also served as Chair of the NASD's National Arbitration and Mediation Committee.
She is a senior editor of the ABA's forthcoming treatise ADR in Employment Law; her publications include the chapter on arbitration in the securities industry which appears in Employee Rights Litigation: Pleading and Practice and the "Arbitration and Employment Disputes" chapter for the ABA publication Arbitration Now.
Ms. Zuchlewski is a Fellow in the college of Labor & Employment Lawyers; she also is a member of the advisory boards of New York Law School's Center for Labor and Employment and the CPR Employment Disputes Committee.
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Ethics in Labor & Employment Issues for Attorney's Arbitrators
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