Arbitrator, Mediator - Commercial, Labor

Mediator and Arbitrator, 1974-Present; Faculty, Columbia College, 1980-1981; Elected Alderman, City of Evanston, 1975-1979; Evening Division Faculty, Northwestern University, 1975-1978; Assistant Director, Illinois Defender Project, 1975-1978; Instructor, Barat College, 1974-1975.

Over 42 years' experience, engaged in the private practice of law, specializing in labor and employment disputes but also handling a variety of commercial disputes. Heavily involved in employment law, particularly Title VII, FLSA, and later the ADEA. Also represented numerous parties before the EEOC, and tried a number of injunction matters involving covenants not to compete and other employment-related issues. Handled disputes involving statutory claims, as well as contractual issues. Represented plaintiffs and defendants in employment law matters in state and municipal agencies, as well as in federal courts. As a trial lawyer, tried employment cases to decision and to jury verdict. Referee for National Railroad Adjustment Board. From 1974-1994, represented unions, employees, and employers in employment litigation in federal and state courts, Illinois Human Relations Commission, and the EEOC. In addition, tried several employment cases, representing both labor and management at the Illinois Fair Employment Practices Commission, which later became the Illinois Human Rights Commission. Worked on a number of civil rights class-action cases. Successfully defended a school board and small companies in Title VII and ADEA cases. Early member of PELA, the predecessor of NELA, and spoke at numerous conferences relating to employment law. Handled disputes involving executive contract agreements. Handled disputes involving the Biometric Information Privacy Act (BIPA).

Experience as an Employment and Commercial Mediator: Has served as a mediator in dozens of employment disputes in a wide variety of industries from entertainment to airlines to railroads and mass transit to basic steel. Has also served as a mediator in several commercial cases involving securities, power plants, personal injuries, product liability and health care. As a former city councilman, mediated numerous disputes between community organizations and the city.

In employment matters, the issues mediated range from wages and other issues relating to working conditions; alleged race, sex, disability, and age discrimination; post-discharge payouts of commission; defamation and rights after a merger of two seniority lists. Commercial cases have ranged from issues involving the building of a power plant, damages in a personal injury matter, product liability, and community concerns about development. In the securities area, have mediated issues involving commissions owed, reimbursement of expenses, and alleged churning of accounts. As a practicing attorney since 1974, have mediated hundreds of cases ranging from divorce to personal injury to employment to criminal to labor.

Labor issues include: Affirmative Action, Absenteeism, Arbitrability, Bargaining Unit Work, Conduct (Off-Duty/Personal), Demotion, Discipline (Non-Discharge), Discipline (Discharge), Discrimination (Age, Disability, Race, Sex, Religion, National Origin), Drug/Alcohol Offenses, Fringe Benefits (Bonus, Holidays, Insurance, Leave, Vacation), Grievance Mediation, Health Hospitalization, Hiring Practices, Job Performance, Job Posting/Bidding, Jurisdictional Dispute, Layoffs/Bumping/Recall, Management Rights, Official Time, Past Practices, Pension and Welfare Plans, Pension Claim (Federal Statute), Promotion, Retirement, Safety/Health Conditions, Seniority, Sexual Harassment, Strikes, Lockouts, Work Stoppages, Slowdowns, Subcontracting/Contracting Out, Tenure/Reappointment, Union Security, Wages (Cost-of-Living Pay, Holiday Pay, Incentive Pay, Job Classification and Rates, Merit Pay, Overtime Pay, Severance Pay, Vacation Pay), Work Hours/Schedules/Assignments, Working Conditions/Work Orders, Violence or Threats, and ERISA/Pension Withdrawal Liability Experience.

My mediaton philosophy is to be relatively facilitative at the outset, but as the time progresses, I become much more evaluative. I have found that parties generally want me to use my extensive experience as an arbitrator and fact-finder (since 1978) to assist them in finding an ultimate solution to their dispute. I expect the parties to show up prepared and with full authority to resolve a matter so that when the time comes after a long mediaton process, we can "close the deal."

I truly believe in closure and try to sell the importance of that concept to my parties. I am not shy to give my opinion when I am asked, but I will keep silent in that regard until I am confident that the parties are ready to reach an agreement and desire my thoughts on the issue.

Northwestern University (JD-1974; MA, Sociology-1972); University of Michigan (BA, with distinction-1969).

Admitted to the Bar: Illinois, 1974; U.S. District Court: Northern District of Illinois, 1974; Federal Trial Bar; U.S. Court of Appeals: Sixth, Seventh, and Eighth Circuits; U.S. Supreme Court.

National Academy of Arbitrators; Illinois State Bar Association; Chicago Bar Association; American Bar Association; International Academy of Mediators (Founder and Distinguished Fellow); College of Labor and Employment Lawyers (Fellow); Certified Mediator, International Mediation Institute (IMI); American Bar Association (Neutral Co-Chair; Section of Labor and Employment Law, State and Local Government Bargaining and Employment Law Committee).

Frequent speaker at Labor Relations seminars including Federal Mediation & Conciliation Service biannual conference; Labor Arbitration Institute; Kent Law School Public Sector Labor Relations Conference; Loyola University; National Association of Railroad Referees.

$595 Per Hour

English

United States of America

Chicago, IL