Thursday, February 23, 2023 – Advocate & Arbitrator Training

8:00 a.m. – 5:00 p.m.  REGISTRATION
9:00 a.m. WELCOME – Ruben Armendariz,* Chair, Southwest Rockies Region

*Indicates a member of the National Academy of Arbitrators

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9:00 a.m. – 3:45 p.m. ADVOCATE TRAINING

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Instructor: Kathy Fragnoli,* Esq., San Diego, CA 
Assisted by: Pilar Vaile,* Esq., Yuma, CO; Lori LaConta, Esq., Houston, TX; Sharon A. Gallagher,* Esq., Milwaukee, WI; Danielle L. Hargrove, Esq., Dallas, TX; Kathryn (Katie) Durham,* Esq., Atlanta, GA; Carl C. Bosland,* San Diego, CA; Debra Simmons Neveu,* Esq., New Orleans, LA; Diego J. Pena, Esq., Fort Worth, TX; Edward Valverde,* Esq., Hurst, TX; Angie McKee,* J.D., Dallas, TX; Sandra Laura, Esq. Plano, TX

Topic: Learn persuasive advocacy including effective pre-hearing techniques to investigate, evaluate, organize and confidently present your case; how to craft and deliver persuasive witnesses to testify; how to conduct effective direct and cross examination; how to admit and effectively use exhibits; and how to make winning objections to evidence.  There will be a hands-on mock hearing giving you the opportunity to demonstrate opening and closing arguments, examine witnesses and effectively use exhibits. New and experienced advocates will learn innovative techniques and pitfalls to avoid.

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9:00 a.m. – 3:45 p.m. ARBITRATOR TRAINING

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Instructors: I. B. (Beber) Helburn,* Austin, TX; Pilar Vaile,* Esq., Yuma, CO; Margaret (Margie) Brogan,* Philadelphia, PA

Topic: “Ask Your Colleagues – Have burning questions for your colleagues or just considering becoming an Arbitrator?” If yes to either, join us for an all-day Arbitrator Training drawn exclusively from real-life case scenarios offered by our Arbitrator colleagues in the SWR Region and elsewhere. This training is intended for new, experienced and prospective Arbitrators, and will cover pre-, mid-, and post hearing nuts-and-bolts issues commonly confronting arbitrators, as well as give you an idea of the variety of “you can’t make this up” scenarios that an Arbitrator may face.

FOR PRACTICING NEUTRALS ONLY!

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4:00 – 5:00 p.m. AGENCY UPDATE (ALL)

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Moderator: Tom Cipolla,* Esq., Austin, TX.
FMCS: Arthur Pearlstein, Esq., Director of Arbitration, Washington, DC.
AAA: To Be Announced

Agency representatives will bring advocates and arbitrators up-to-date on agency policies and concerns, organizational changes and other relevant matters of interest.

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5:00 p.m. – 6:00 p.m.  SOCIAL HOUR – Sponsored by LERA, Houston Chapter

Cash bar & Hors d’oeuvres

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6:00 p.m. NAA DINNER
Moderator: Patrick M. Flynn, Esq., Houston, TX
Speaker: Rick Levy, Esq., Austin, TX, President, Texas AFL-CIO

The Talk: Building a bigger, broader, bolder labor movement in Texas.

Texas AFL-CIO President Levy will discuss some of the changes, initiatives and priorities of the Texas labor movement and the effects on the changing landscape of labor-management relations.

 

Friday, February 24 – Plenary Sessions & Workshops

8:00 a.m. – 5:00 p.m.  REGISTRATION
9:00 a.m. WELCOME – Ruben Armendariz,* Chair, Southwest Rockies Region

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9:10 a.m. – 10:30 a.m. PLENARY SESSION

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COVID-19 and the WORKPLACE: LABOR AND EMPLOYMENT LAWS and ARBITRATION

Moderator: Debra Simmons Neveu,* Esq., New Orleans, LA
Speakers: Rick Bales,* Esq., Lima, Ohio; Carl C. Bosland,* Esq., San Diego, CA

The COVID-19 pandemic dramatically impacted working conditions, with government-imposed vaccination, quarantine and isolation, social distancing, testing, masking, and leave requiring employers to quickly implement COVID policies, engage in collective bargaining, and issue discipline for policy violations and more. Unions and employees have challenged many employer actions, filing grievances, complaints, appeals, and lawsuits that have led to arbitration and administrative hearings and trials. Law school professor and arbitrator Rick Bales will present the findings and implications of his survey of COVID-related arbitration awards. Carl C. Bosland, Esq., arbitrator and author of the recently issued, COVID-19 and Federal Sector Labor and Employment Law, will discuss COVID-19 workplace laws, regulations, guidance, and litigation.

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10:30 a.m. – 10:45 a.m.  BREAK

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10:45 a.m. – Noon  PLENARY SESSIONS
RED LIGHT – GREEN LIGHT

Discussion Leader: Tom Cipolla,* Esq., Austin, TX
Arbitrators: Sharon A. Gallagher,* J.D. Milwaukee, WI; Danielle L. Hargrove,* Esq., Dallas, TX, Don E. Williams,* Esq., Santa Fe, NM; Will Hartsfield,* Esq., Dallas, TX

This session will feature a panel of four Arbitrators, laying out hypothetical cases for participants to weigh in on, Red light, Grievance Denied, Green light, Grievance Awarded. Following a presentation of the hypothetical, participants will vote, Red light or Green Light, and then they will engage in a discussion of the strengths and weaknesses of the cases, and why they “voted” the way they did.

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12:00 p.m. – 1:30 p.m. LUNCH 

Looking in the Crystal Ball: What Lies Ahead in Arbitration?

Introducer: Ruben Armendariz,* Chair, Southwest Rockies Region
Speaker: Homer C. LaRue, * Esq., NAA National President

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1:45 p.m. – 3:15 p.m. EARLY AFTERNOON WORKSHOPS

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(CHOOSE ONE OF THREE)

ETHICS
Discussion Leaders: Lynn M. Gomez,* Esq., Bellaire, TX; Rex Wiant,* Kansas City, MO.
This interactive session will focus on a variety of ethical issues in arbitration and is intended to qualify for CLE credit in Texas.  The contents of this session will be repeated at 3:30 p.m.

THE BIDEN FLRA 
Moderator: Carl C. Bosland,* Esq., San Diego, CA
Speaker: David Eddy, Esq.,Special Counsel, FLRA, Washington D.C.

FLRA Special Counsel David Eddy will discuss changes in the FLRA, including rulings, which have taken place since President Biden assumed office.

POLICE ARBITRATION
Discussion Leaders: Don E. Williams*, Esq., Santa Fe, NM; Norman Bennett*, Esq., McKinney, TX; Will Hartsfield,* Esq., Dallas, TX
Panelists: Betty Lynn, Esq., Fort Worth, TX; Ben M. Sifuentes, Jr., Esq., San Antonio, TX

Topics to be discussed include employment testing, salaries, staffing and sanctions, cause for discipline and demotion, due process, remedies, subpoenas, protective orders, as well as evidentiary rules, including the exclusionary rule.

Because policing and police arbitration have been the subjects of renewed controversy after the death of George Floyd, this workshop will go for the entire afternoon for those who wish to stay after the break.

 

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3:15 – 3:30 p.m. BREAK

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3:30 p.m. – 4:45 p.m. LATE AFTERNOON WORKSHOPS

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(CHOOSE ONE OF FOUR)

ETHICS
Discussion Leaders: Lynn M. Gomez,* Esq., Bellaire, TX; Rex H. Wiant,* Kansas City, MO
This session will be a repeat of the earlier session.

 

THE BIDEN NLRB 
Moderator: Edward Valverde,* Esq., Hurst, TX
Speaker: Timothy L. Watson, Esq., Director, NLRA Region 16, Fort Worth, TX

Regional Director Watson will discuss the changes that have taken place in the NLRB, including decisions, since President Biden assumed office.

POSTAL SERVICE
Discussion Leader: Angie McKee,* J.D., Dallas, TX
Panelist: Jennifer Breslin, Esq,. USPS, Washington D.C., David Heather, NRLCA, Kansas City, MO, Charlie Cash, APWU, Washington, D.C.; Eileen Mills, NPMHU, Washington, D.C.; James Henry, NALC, Washington, D.C.

Topic: Panelists will update attendees on the status of contract negotiations and describe how the result of those negotiations may impact our service on the arbitration panels administered by the U. S. Postal Service and the labor organizations representing its many employees.

 

POLICE ARBITRATION 
This session will be a continuation of the earlier session.