Fec Calendars October 26-28, 2018 Plan to Attend
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Fall 2018 MARK YOUR FEC CALENDARS OCTOBER 26-28, 2018 PLAN TO ATTEND... 2018 Fall Education OctoCboern 2f6e r- e2n8c, 2e 018 Sheraton Austin Hotel at the Capitol Austin, TX 20M19ay A 2n9 n- uJuanle M1, e2e0t1i9 ng Lowes Philadelphia Hotel Philadelphia, PA “Arbitration Practice: A Sea of Uncertainty” 2019 Fall Education By Amedeo Greco remedies; how and when discretion SepteCmobnerf 2e0r e- n2c2e, 2019 Program Chair should be exercised; what factors are used Savannah Marriott Riverfront The Academy’s 2018 Fall Education to reduce discipline and in computing Savannah, GA Conference will be held in Austin, Texas, back pay; and whether a discharged griev - on October 26-28, 2018. The Program is ant is required to look for other work. entitled “Arbitration Practice: A Sea of “Navigating the Federal Sector Pay ON THE INSIDE Uncertainty” and centers on our consider - System for Arbitrators” is a concurrent able discretion and the many choices we session where panel members Jack FEATURES: make throughout the arbitration process. Clarke, FMCS Director of Arbitration Austin FEC ............................................1 “Best Practices” is the opening plenary Services Arthur Pearlstein, and Alan A. 2018 FEC Host .....................................3 Symonette will help explain the complex - 2018-2019 Committee Chairs session. Panel members Christopher J. Al - and Coordinators .............................5 bertyn, Jacquelin F. Drucker, Jeffrey B. ities of the U.S. federal sector billing and LRF Report ...........................................7 Tener, and Barry Winograd will offer tips payment practices. Executive Secretary Report ..................9 on pitfalls to avoid and advice on practices “What is an Arbitrator’s Role?” is an - to follow. other concurrent session. Harry Shulman wrote: “A proper conception of the arbi - COLUMNS: “Hearing Matters” is the second ple - Regional Roundup ................................6 nary session. Panel members Richard trator’s function is basic.” Panel members Remembering ......................................10 Adelman, Margaret R. Brogan, Kathy L. Joshua Javits, Susan Grody Ruben, and Eisenmenger, and M. David Vaughn will Arnold M. Zack will address the various VANCOUVER address a host of issues that can arise be - functions we perform as decision makers; fore and during hearings. what standard of review we use when we decide disciplinary cases; and when we MEETING COVERAGE “Remedies and Retaining Remedial act as case managers, contract readers, Pages 13 thru 39 Jurisdiction” is another plenary session. and as guarantors that the grievance-arbi - Panel members George R. Fleischli, Ed - tration process is fair. ward B. Krinsky, and Jeanne M. Vonhof PRESIDENT’S CORNER BACK COVER will discuss a number of issues such as the “The Academy’s Public Sector Initia - extent of an arbitrator’s authority to issue (Continued on Page 3) Submissions The Chronicle runs several features and columns highlighting the lives, stories, and work of the members of the Academy. We are always in need of new subjects for the articles and new story ideas. If you have any The Chronicle is published by the National Academy of Arbitrators suggestions, want to write, or would like to see someone (Operations Center located at Suite 412, 1 North Main Street, profiled in one of these columns, please contact Daniel Cortland, New York 13045). Copyright 2018. All rights reserved. Zeiser, Managing Editor, at [email protected] or The Chronicle is strictly an internal newsletter of the Academy, and contact the feature author directly. no reproduction of any of its contents is authorized without express NAA Book Review is a review by an NAA member of written consent of the Managing Editor. a book written by an NAA member. The Chronicle is published three times a year: Spring, Fall, and On The Job Training provides first person accounts of Winter. Copy deadlines are March 15 (Spring), July 15 (Fall), and arbitrators who have to experience hands-on the work November 15 (Winter). Please direct submissions to Daniel Zeiser lives of employees who appear before them. Managing Editor, and the NAA Operations Center. For submission instructions, contact NAA Operations Center at (607) 756-8363 or Off Duty Conduct , written by Barry Goldman email, [email protected] ([email protected] ), highlights the esoteric passions that members pursue in their time away from the hearing room. 201E8dw-2a0rd1 9B .N KArinAsk Oy, FPrFeIsiCdeEnRt S Tales from the Hearing Room is a compilation of William A. Marcotte, Vice President members’ stories of strange, funny, and unusual William McKee, Vice President happenings during arbitration proceedings. Alan A. Symonette, Vice President Walt De Treux , Executive Secretary-Treasurer We hope these features, complementing our current Barry Winograd, President-Elect roster of outstanding columns and features like Technology Corner, Canadian Perspective, and The Chronicle Arbitration Outside the CBA , capture your attention and Managing Editor interest. Daniel G. Zeiser Assistant Managing Editor Benjamin A. Kerner Columnists Plan to Attend Linda S. Byars Walt De Treux 2019 Annual Meeting Howard G. Foster May 29 – June 1, 2019 Catherine Harris Michael P. Long Mark I. Lurie John E. Sands Kenneth Paul Swan Reporters Sharon A. Gallagher Sidney S. Moreland, IV Robert A. Grey John A. Obee William E. Hartsfield Jasbir Parmar William F. Hempfling David J. Reilly Jared Noah Kasher Christine Schmidt Charles W. Kohler Jerry B. Sellman M. Zane Lumbley Katherine J. Thomson Elizabeth MacPherson John Thomas Trela Richard C. McNeill, Jr. Patrick R. Westerkamp Production Manager Loews Philadelphia Hotel Kathleen E. Griffin Philadelphia, PA 2 The Host Committee welcomes you to Austin, a “happenin’ THE AUSTIN place ” on the edge of LBJ ’s fabled hill country. Below is information to help with your arrival and the time spent in FEC this fast-growing city. TAKE TWO TRANSPORTATION By Beber Helburn The cab fare from Austin-Bergstrom ICnatebrsn:ational Airport (ABIA) to the Sheraton, according to a website fare finder, will be about $28 per person, airport fees and a 15% tip included. Recent deregulation may result in lower cab fares. Cab fare from the down - town Amtrak station is about $10.75 per per - son, tip included. The SuperShuttle fare is $12 pSeurp peerSrshount ttloe : the hotel, but a 10% discount from October 24-30 has been provided. The discount code is T678P, to be used with ad - parking is $30/day for self-parking and SATURDAY, OCTOBER 27 vance reservations on the SuperShuttle/Exe - $38/day for valet parking, with in- and -out DINE-AROUND privileges. Rental cars are available at ABIA cucar app or at SuperShuttle.com . Also, We have selected an eclectic group of or at a Hertz facility immediately behind the there should be a link on the Academy web - five restaurants for the dine-around. They are hotel, about a five-minute walk from the front site or electronically for automatic use of the listed below, along with the number of avail - of the Sheraton. discount code. able reservations, contact information for For some - each host, and distance from the hotel. The fares are re - Check the menus on the various websites, Uber, Lyft and RideAustin: tAhlitnegr ndaiftfee rIenn-Ct, itryy TAraunstsinp oPretdaticioanb: Company, ported to be $15-20, $14-22, and $20.42, re - make your choices, and reserve with your spectively, without tips. The RideAustin app 512-210-7914. Pedicabs cost more than motor-driven cabs and can be ordered. host. The reservation for Olamaie is 6:15; all can be downloaded from the RideAustin .com others are 6:30. web page. Horse-drawn carriages are available down - town. The #350 bus .9 mi., Mexican, 8 reservations. HElo Nstasr: aMnajore: tta & D.C. Toedt , 713-667-8988, cPoumbleics abTroaunt sepvoeryta 3ti0o nm: inutes pretty much PRESIDENT ’S DINNER on the half hour and hour. You must transfer [email protected] . Maybe the best Mexi - The President ’s Dinner will be at the Head - to the #2 bus at Airport and Oak Springs, as can restaurant in Austin. Hardly Tex-Mex. liner ’s Club on Thursday, October 25 on the the #2 bus stops very close to the Sheraton. Probably the best mole sauce ever. top (21 st ) floor of the Chase Tower, just under The bus ride, which takes about an hour, a mile from the Sheraton. Entr ée choices will 1.1 mi., way upscale Southern, 6 costs $2.50 for a day pass. The schedule will be steak, salmon, and a vegetarian plate. Go rOelsaemrvaaiteio: ns. Host: Steve Owens, 828-342- be different on Sunday. to www.headlinersclub.com for a look at the 0754, [email protected] . No. 1 res - For those spectacular views from our venue. taurant in Austin in 2017. dPriivvinagte, thaen hdo tRele cnatne db eV seeheinc lferosm: I-35. Hotel (Continued on Page 4) AUSTIN FEC (Continued from Page 1) tive Committee” - Dan Academy’s response. evidence; disciplinary mat - “What To Do When: An Nielsen is Chair of the Acad - “Red Light/Green Light,” a ters; and past practice. Ethics Primer,” another con - emy’s Public Sector Initiative plenary session, starts off the “Update Your Technology current session, will have Committee which has been next day. Panel members Lise Skills” is a concurrent ses - Panel members Sarah Kerr established in response to G. Gelernter, Dennis R. sion. Panel members Mark I. Garraty, Jasbir O. Parmar, and Janus v. AFSCME . He will Nolan, and Theodore J. Lurie and Will Hartsfield will Andrew M. Strongin answer give a brief committee report St. Antoine will discuss issues offer tips and tricks to using how best to respond when we at lunch and, at 4:00 p.m., will such as whether to apply ex - the latest technology, how to are confronted with various have a discussion with mem - ternal law; contract interpre - get the best use of your soft - ethical issues. bers regarding Janus and the tation; admissibility of ware, and what is in the cloud.