Thursday, February 24, 2022 – 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

Instructor: Carl C. Bosland,* Esq., San Diego, CA 
Assisted by: Lori LaConta, Esq., Houston, TX; Sharon A. Gallagher,* Esq., Milwaukee, WI; Danielle L. Hargrove, Esq., San Antonio, TX; William McKee,* Denton, TX; Sidney S. Moreland IV,* Esq., Baton Rouge, LA; Debra Simmons Neveu,* Esq., New Orleans, LA; Diego J. Pena, Esq.; Fort Worth, TX; Maretta Comfort Toedt,* Esq., Houston, TX; Edward Valverde,* Esq., Fort Worth, TX; Louise B. Wolitz,* Austin, 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 new techniques and pitfalls to avoid.

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

Instructors: I. B. (Beber) Helburn,* Austin, TX; Pilar Vaile,* Esq., Yuma, CO

Topics: Much of the day will be spent discussing hypothetical situations that relate to problems that an arbitrator may be faced with pre-hearing, during the hearing and post-hearing. Discussion will include ethical issues and attendees’ concerns.

FOR PRACTICING NEUTRALS ONLY!

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4:00 – 5:00 p.m. AGENCY UPDATE (ALL)

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

Agency representatives will bring arbitrators and advocates 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 25 – 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

COVID-19, WORKPLACE CONDITIONS and ARBITRATION

Moderator: Debra Simmons Neveu,* Esq., New Orleans, LA
Speaker: Rick Bales,* Esq., Pittsburgh, PA
Commentators: A. John Harper, Esq., Houston, TX and Eric H. Nelson, Esq., Houston, Tx

The COVID-19 pandemic has quickly and dramatically changed working conditions, with employers responding with quarantines, COVID policies, discipline for policy violations and more. Unions have challenged many employer actions, filing grievances that have led to arbitration hearings. Law school professor and arbitrator Rick Bales presents the findings and implications of his survey of COVID-related arbitration awards.

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10:30 a.m. – 10:45 a.m.  BREAK

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10:45 a.m. – Noon  PLENARY SESSIONS
A LOOK AT VIRTUAL HEARINGS – BRING YOUR “A” GAME TO HEARINGS

Moderator: Maretta Comfort Toedt,* Esq., Houston, TX
Panelists: William E. (Will) Hartsfield,* Esq., Dallas, TX;  Pilar Vaile,* Esq., Yuma, CO; Samantha Martinez, Esq., Houston, TX; Micah Vaughn, Esq., Houston, TX

This panel will discuss lessons learned from video hearings that apply to all hearings, including credibility determinations, and how to best perform your role and improve hearings, including how advocates can help with credibility assessments and how arbitrators can convey they are listening carefully.

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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: Susan L. Stewart, * Esq., Toronto, Canada, 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 A YEAR IN
Moderator: Kathy L. Eisenmenger,* Esq., Denver, CO
Speaker: Ernest (Ernie) DuBester, Esq., Chair, FLRA, Washington D.C.

FLRA Chair DuBester will discuss changes in the FLRA, including rulings, that 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 and well as evidentiary rules, including the exclusionary rule, cause for discipline and demotion. This panel will discuss various aspects of policing, including police arbitration.

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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ETHICS
Discussion Leaders: Lynn M. Gomez,* Esq., Austin, TX; Rex H. Wiant,*, Kansas City, MO.
This session will be a repeat of the above session for those attendees not attending the early afternoon session.

 

THE BIDEN NLRB A YEAR IN
Moderator: Edward Valverde*, Esq., Fort Worth, 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, that have taken place since President Biden assumed office.

POSTAL SERVICE
Discussion Leader: M. Zane Lumbley,* Brenham, TX
Panelist: Jennifer Breslin, Esq,. USPS, Washington D.C., David Heather, NRLCA, Kansas City, MO, Vance Zimmerman, APWU, Washington, D.C.; Eileen Mills, NPMHU, Washington, D.C.; NALC –  Lew Drass, 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 (continued)
Topics include some of the above plus due process, remedies, subpoenas and protective orders.