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The New World of Work WINTER 2017 MARK YOUR CALENDARS PLAN TO ATTEND... 201M7 aAy n2n4 u–a 2l7 M, 20e1e7 ting Fairmont Chicago, Millennium Park Chicago, IL 2017 Fall Education SepteCmobenrf 1e5r e–n 1c7e , 2017 Four Seasons Miami Miami, FL “The New World of Work” 201M8 aAy n2n3 u–a 2l6 M, 20e1e8 ting The Fairmont Hotel Vancouver By Elizabeth Neumeier, slot to deal with “The Hottest Topics.” Vancouver, BC Program Chair Good thing we did! By the time you When the program committee first read this Chronicle article, there will be 2018 Fall Education began planning for May 2017, we more changes in the offing as a result of the U.S. elections. Taken together, OctoCbeorn 2f6e r–e 2n8c, e2018 knew that the world of work was Sheraton Austin Hotel at the Capitol changing rapidly. It seemed that every these changes may challenge many Austin, TX week there was a new ruling by a court, accepted concepts about the nature and the NLRB, or the Obama administra- rules of the workplace as we have tion that impacted the workplace in a known them since World War II. 20M1a9y A 29n n– uJuanle M 1, e2e0t1i9ng significant way. The committee decid- The op Loews Philadelphia Hotel ening plenary session will Philadelphia, PA ed, with support from the advocates’ be: “The Emerging Gig Economy: advisory committee, to reserve a time What Are the Rules?” A federal judge in a wage-hour class action involving Lyft drivers lamented that the task was like trying to fit a square peg into two ON THE INSIDE round holes and implored Congress to come up with new classifications to FEATURES COLUMNS deal with emerging technology and 2017 Annual Meeting . 1 Milestones . 7 employers in high-tech industries. Regional Roundup . 11 Ontario has already undertaken a 2017 Host – Chicago . 4 review of their labor laws and Bernard Remembering . 31 Fishbein, Chair of the Ontario Labour REF . 6 Book Review . 34 Relations Board, will share the results “Scene” in New Orleans . 19 with us. You can read the draft of the “Changing Workplaces Review” here: PRESIDENT’S CORNER New Members . 29 BACK COVER – (Continued on Page 3) Submissions The Chronicle runs several features and columns highlight - ing the lives, stories, and work of the members of the Academy. We are always in need of new subjects for the arti - cles and new story ideas. If you have any suggestions, want to The Chronicle is published by the National Academy of write, or would like to see someone profiled in one of these Arbitrators (Operations Center located at Suite 412, 1 North Main columns, please contact Daniel Zeiser, Managing Editor, at Street, Cortland, New York 13045). Copyright 2016. All rights [email protected] or contact the feature author directly. reserved. On The Job Training provides first person accounts of arbi - The Chronicle is strictly an internal newsletter of the Academy, trators who have to experience hands-on the work lives of and no reproduction of any of its contents is authorized without employees who appear before them. express written consent of the Managing Editor. Off Duty Conduct , written by Barry Goldman The Chronicle is published three times a year: Spring, Fall, and ([email protected] ), highlights the esoteric passions that Winter. Copy deadlines are March 15 (Spring), July 15 (Fall), and members pursue in their time away from the hearing room. November 15 (Winter). Please direct submissions to Daniel Zeiser Managing Editor, and the NAA Operations Center. For submission Tales from the Hearing Room is a compilation of members’ instructions, contact NAA Operations Center at (607) 756-8363 or stories of strange, funny, and unusual happenings during arbi - email, [email protected] tration proceedings. We hope these features, complementing our current roster of outstanding columns and features like Technology Corner, 20M16a-rg2a0r1et7 R N. BAroAg aOn,F PFreIsCidEenRt S Canadian Perspective, and Arbitration Outside the CBA , cap - Laura J. Cooper, Vice President ture your attention and interest. Martin H. Malin, Vice President James J. Odom, Jr., Vice President Susan L. Stewart, Vice President Kathleen Miller, President-Elect Editor’s Note: David A. Petersen, Executive Secretary-Treasurer The Fall 2016 issue included a Fireside Chat with Walt De Treux , Executive Secretary-Treasurer-Elect Jim Harkless. Unfortunately, there were two errors in the article. Jim entered Harvard in 1948, not 1958, and became an NAA member in 1973, not The Chronicle 1975. I apologize to Jim for the errors. Managing Editor Daniel G. Zeiser Assistant Managing Editor Mark Your Benjamin A. Kerner Columnists Linda S. Byars Calendar Walt De Treux Howard G. Foster Catherine Harris Michael P. Long Mark I. Lurie John E. Sands Kenneth Paul Swan James Dorsey Sheila G. Mayberry Deborah M. Gaines Reporters Richard C. McNeill, Jr. Lise G. Gelernter Thomas J. Nowel Barry Goldman Susan Wood Osborn Robert A. Grey Arne Peltz 2017 William F. Hempfling David J. Reilly Charles W. Kohler Jerry B. Sellman Annual Meeting William W. Lowe Katherine J. Thomson M. Zane Lumbley John Thomas Trela May 24 – 27, 2017 Elizabeth MacPherson David R. Williamson Fairmont Chicago, Millennium Park Production Manager Chicago, IL Kathleen E. Griffin 2 “T HE NEW WORLD OF WORK ”. (Continued from Page 1) https://www.labour.gov.on.ca/english/ab Labor Relations and Arbitration and • Cameras in the workplace, both the out/workplace/index.php 21st Century Policing. ” We will have an placement of the cameras and the use of Speakers will discuss whether exist - excellent discussion, not only about the films in an evidentiary hearing. ing labor and employment legislation arbitration of police discipline, but also • When can an employer monitor and fulfill its mandate in the new economy, about the role of interest arbitration with use your Facebook posts for discipline? departments undergoing DOJ review or whether contract work is replacing tradi - • When can an employer follow you subject to DOJ consent decrees. This tional employment and implications of around with a camera? Can the session will feature David A. Johnson of the emerging gig economy for unions, Employer use the film footage in an evi - Franczek Radelet, who has been deeply “employees,” employers, legislators, dentiary hearing? and arbitrators. involved in the Chicago Police - FOP negotiations and the DOJ review of the • When can an employer use cell The second plenary session, com - CPD; Sean M. Smoot, Chief Legal phone records or recorded cell phone mencing at 10:30 AM on May 25th, will Counsel of the PBPA and the only union conversations for the purpose of disci - be “Discipline in Sports. ” The structure representative on the recent White pline? of both amateur and professional sports House Task Force on Policing; and Alan After a stellar Presidential Luncheon, results in many interesting issues when Symonette, NAA member from you will again have hard choices to discipline is imposed. George Nicolau Philadelphia. make. Starting at 1:30 PM on May 26th will moderate a panel of Richard H. there will be a breakout session on McLaren, NAA member from London, The fourth and final plenary session, “Throw Out the Devil and Deal Ontario; Thomas DePaso, General commencing at 10:30 AM on May 26th, with the Details in Complex Airline Counsel of the National Football League will be on “ Cameras Around Every Arbitrations,” “The Impact of Outside Players Association; and Dan Halem, Corner, Computers Everywhere: Ame- Law and Outside Parties on Discharge Chief Legal Officer for Major League rican and Canadian Perspectives on Arbitration” and, of particular interest to Baseball. Employee Privacy, at Work and at Play, in 2017. ” In this interactive session, two arbitrators who handle public safety Our distinguished speaker will be Canadian and two US lawyers will cases, we will dive deep into “Lights, David Weil, author of “The Fissured respond to the vignettes and provide the Bodycams, Action!” with renowned Workplace: Why Work Became So Bad current legal analysis from both a expert Will Aitchison, Esq. from for So Many and What Can Be Done to Management and a Union perspective, Portland, Oregon. This session will Improve It” and head of the Labor teasing out the cross-border differences cover how and why body cameras are Department’s Wage and Hour Division and similarities. Issues will include: becoming a part of many law enforce - in the Obama administration. Visit his ment workplaces, the policy concerns website: http://www.fissuredworkplace.net/ • Privacy and medical records and how the records can be adduced into evi - (Continued on Page 4) Thursday afternoon, there will be two dence. series of concurrent sessions. First, from 1:30 to 2:45 PM, you will have a choice of: “ Innovations in Remedies ” with Peter Sung Ohr, NLRB Regional Director from Chicago, and Christopher Albertyn, NAA member from Toronto; and “ Distinguished Papers. ” From 3:00 to 4:15 PM, we will have some familiar presentations: “ Postal Service Current Issues, ” “ Designating Agencies Report: A Look Back and A Look Ahead, ” and “Canada – Human Rights Claims – Different Forum, Different Outcomes? ” Friday morning, May 26th, will open with a powerful plenary session on a topic much in the news and one that gar - ners significant publicity for arbitrators and arbitration: “ Law Enforcement 3 WELCOME TO CHICAGO HOME OF THE WORLD SERIES CHAMPION CHICAGO CUBS By Margo Newman, 2017 Host https://www.fairmont.com/fpc/ . Amedeo Committee Chair Greco has graciously agreed to put I know I should start talking about the together a list of the benefits of member - wonderful art, architecture, history, and ship and other cost-saving tips for places beauty of Chicago that awaits you when located in the area around the hotel. you attend the 2017 Annual Meeting Barry Simon will provide information from May 24-27, 2017 (not to mention for getting around Chicago and events the fabulous weather), but I cannot seem during the meeting.
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