Grievance arbitration, interest arbitration and fact-finding for the public and private sectors

Panels and appointments

• Federal Mediation and Conciliation Service — Roster of Arbitrators (serving California and Massachusetts)
• California State Mediation and Conciliation Service (PERB) — Panel of Arbitrators and Factfinders
• Los Angeles County Employee Relations Commission — Panel of Arbitrators/Hearing Officers
• Available for permanent panels and umpire appointments

Experience the parties can rely on

My background includes the practical administration of labor agreements: eight years as the California State University’s Associate Vice Chancellor for Labor and Employee Relations, with systemwide responsibility for negotiating and administering agreements covering 13 bargaining units and 65,000+ represented employees, and for the grievance and unfair practice caseload before PERB; earlier, as senior consultant with C. Richard Barnes and Associates, founded by the 14th Director of the FMCS, advising management and labor organizations across the United States and Canada.

How a hearing before me runs

1. Appointment and disclosure

   On selection I send a written disclosure of any past relationship with the parties, their representatives or witnesses, consistent with the Code of Professional Responsibility for Arbitrators of Labor-Management Disputes. Either party may raise a concern before the hearing is scheduled.

2. Scheduling and pre-hearing

   Dates are offered within 1–2 days of notification of appointment. A pre-hearing conference is available at the request of the parties to address any pre-hearing issues.

3. The hearing

   Hearings run informally but in order: opening statements, examination and cross-examination, exhibits received as they are used, and a full opportunity for rebuttal. I ask questions when I need to understand the evidence, not to advocate. Interpreters are accommodated.

4. Record and briefs

   The record closes on receipt of post-hearing briefs or, where the parties prefer, closing argument. Briefing schedules are set at the hearing and kept.

5. The award

   The award normally issues within 21 days of the record closing.

Fees and cancellation

Per diem

$2,000 for each hearing day (any part of a day up to eight hours).

Study and award writing

Normally billed at 2 days for each day of hearing, consistent with common FMCS roster practice.

Pre-hearing conferences and other time

$375 per hour.

Travel

No charge within Los Angeles, Ventura and Orange counties. Beyond those counties, one half-day per diem ($1,000) plus actual expenses.

Cancellation

Fewer than 28 days’ notice: one half-day ($1,000), unless the hearing is rescheduled and heard. Fewer than 14 days’ notice: one full day ($2,000), unless the hearing is rescheduled and heard.

Billing

Fees are shared equally unless the agreement provides otherwise. No docketing or administrative fee, and no charge for clerical time or copying.

Fact-finding

For California public-sector impasses under the MMBA, EERA and HEERA, I serve as a factfinder or fact-finding panel chair, applying the statutory criteria and issuing findings and recommended terms within the statutory timeline. I have presented nationally on the use of financial and statistical data in bargaining, which is where most interest disputes are decided.

Video hearings

I conduct hearings by video where the parties agree, using a platform that supports breakout rooms for caucuses, screen-shared exhibits and a recorded or reported record.