Arbitration and Hearing Examiner Experience
Representative Issues Handled as an Arbitrator and Hearing Examiner
Primary arbitrator and hearing examiner practice areas include employment disputes, collective bargaining agreements, collective actions, public employee disputes, Chapter 143 Texas Local Government Code, Oklahoma Fire and Police Arbitration Act, New Mexico Personnel Act, franchises, business torts, business disputes, contracts, health benefits, health care, health payor disputes, personal injuries, Texas non-subscriber claims, media-entertainment matters, software, trademark and intellectual property.
Issues in employment matters include Title VII, ADA, ADEA, OSHA, FLSA, FMLA, GINA, ERISA benefits, non-compete agreements, individual employment contracts, compensation claims, tort claims, workers’ compensation discrimination, whistleblower, and occupational injuries. The statutory discrimination claims involve race, sex, religion, color, national origin, age, disability, family and medical leave, uniformed service, genetics, harassment, retaliation, whistleblowing and wrongful discharge. The ERISA issues generally involve denial of benefit claims under a health care plan. Employment contract claims involve severance pay, non-compete agreements, breach of confidentiality, commissions, bonuses and stock options. Employment tort claims include invasion of privacy, defamation, assault and battery.
Issues in labor matters include disputes between public employees and public employers; disputes involving municipalities, counties and school boards; Chapter 143 of the Texas Local Government Code, Oklahoma Fire and Police Arbitration Act, New Mexico Personnel Act, collective bargaining agreements, agency fees, bargaining unit work, benefits, discipline, just cause, discrimination, job classification, layoffs, management rights, overtime, past practice, promotions, working conditions, safety, seniority, vacation, schedules, violence or threats, and interest arbitration.
With respect to franchise disputes, matters center on breach of contract, termination, royalty payments, and non-compete agreements.
Health care matters involved individual physicians, physician practices, health care providers, third party plan administrators, health plan beneficiaries, coverage disputes, payor disputes, ERISA and HIPAA.
Personal injury claims include coverage issues, negligence claims, automobile collisions as well as claims against non-subscribers to the Texas Workers’ Compensation Act.
Software disputes include ownership, breach of contract, adequacy of deliverables and breach of specifications.
Intellectual property disputes include trademarks, service marks, copyright, ownership, infringement, fair use, confidentiality and royalties.
Statement of Philosophy
Arbitration is intended to be fair, economical, informal and timely. The arbitrator’s and hearing examiner's goal is to make available to the parties the benefits of arbitration over traditional litigation: confidentiality; reduced legal expenses; a prompt hearing; a fair opportunity to present facts; and a timely decision. The parties may tailor procedures to suit their needs. They are encouraged to agree upon as many procedures and deadlines as possible prior to the initial conference to establish a schedule.
Consistent with the expedited nature of arbitration, the initial conference is often used to establish: (i) the extent of and a schedule for the production of relevant documents and other information, (ii) the identification of all witnesses to be called, and (iii) a hearing date. The parties are expected to cooperate in the exchange of information consistent with the goal of achieving a just, speedy and cost-effective resolution. By agreement, the parties may alter the procedures and deadlines and may add deadlines.
After the initial conference, the parties may request a telephone (or in-person) conference to discuss procedures, policies or some special circumstance at any time.
Experience
Since 1989, chair or panelist in over 900 arbitrations or civil service proceedings
Professional Associations and Panel Rosters
American Arbitration Association (Labor, Employment, Health and Commercial Panels)
American Health Lawyers Association Arbitration Panel
Coal Arbitration Services, District 22, Panel, 2010-2014
Dallas Area Rapid Transit Authority Trial Board Panel, Fiscal Year 2008-2010 term
Federal Mediation and Conciliation Service Arbitration Panel
FINRA (formerly NASD & NYSE) Arbitration Panel
City of Ft. Worth and Ft. Worth Police Officers Association Panel
City of Houston and Houston Police Officers Union Panel Panel, 2015-2022
Lockheed Martin Aeronautics Company and the Office and Professional Employees International Union, Local No. 277 Panel
Merrill Lynch Claim Resolution Process - Northwestern Univ. School of Law (Arbitration Pane
National Academy of Arbitrators, Member
National Mediation Board (Arbitration Panel)
National Arbitration and Mediation Employment Arbitration Panel
Pat Salmon & Sons, Inc and American Postal Workers Union, Panel
Texas Education Agency, Independent Hearing Examiner, 2009-2015
Arbitration and Hearing Examiner Training
American Arbitration Association, Advanced Arbitrator Training 12/90
American Arbitration Association, Advanced Arbitrator Training 12/93
American Arbitration Association, Employment Arbitrator Training 6/96
Dallas Bar Association, Mandatory Arbitration in Employment Cases 5/97
American Arbitration Association, Employment Arbitrator Training 8/97
American Arbitration Association, Employment Arbitrator Training 10/97
Cornell University, Employment Arbitration 3/99
American Arbitration Association, Commercial Arbitration 6/99
Dallas Bar Association, Employment Arbitrations 11/00
American Arbitration Association, Arbitration Update 11/01
American Arbitration Association, Arbitrator II Workshop 8/02
American Arbitration Association, Developments in International ADR 11/02
American Arbitration Association, Ethics in ADR 12/02
American Arbitration Association Labor Arbitrator II Training 11/03
American Arbitration Association Arbitration Writing Awards 2/04
American Arbitration Association Arbitrator Ethics and Disclosure 3/04
American Arbitration Association Neutrals Conference 3/04
National Academy of Arbitrators, Labor Management Conference 4/05
American Arbitration Association, Arbitral Authority 6/05
American Arbitration Association, Party-Appointed Arbitration 10/05
American Arbitration Association, Panel Chair 11/05
American Arbitration Association, Pro Se Arbitrations 10/06
NASD, Chairperson Training 2/07
Texas Bar Association, Arbitration Roundtable 4/07
Chap. 143 Local Government Code Use of Force Continuum Police Cases 3/08
National Academy of Arbitrators, Labor Management Conference 3/08
Texas Education Agency, Certified Hearing Examiner Training 2/09
American Arbitration Assn. and International Centre for Dispute Resolution Neutrals Conference 2/09
Chapter 143 Local Government Code Current Lessons 3/09
National Academy of Arbitrators, Labor Management Conference 3/09
Texas Education Agency, Certified Hearing Examiner Training 2/10
American Arbitration Association, Efficient ADR 2/10
National Academy of Arbitrators, Labor Management Conference 3/10
Texas Labor Management Conference 6/10
American Arbitration Assn. and International Centre for Dispute Resolution Neutrals Conference 11/10
Annual Training for Certified Hearing Examiners 3/11
Chapter 143 Local Government Code Current Issues 3/11
National Academy of Arbitrators, Labor Management Conference 3/11
American Arbitration Association, Thirty Steps to a Better Arbitration, 5/11
Annual Training for Certified Hearing Examiners 2/12
Chapter 143 Local Government Code Update 3/12
National Academy of Arbitrators, Labor Management Conference 3/12
American Arbitration Association, Managing the Arbitration Process, 11/12
Annual Training for Certified Hearing Examiners 2/13
Chapter 143 Local Government Code Procedural Issues 2/13
National Academy of Arbitrators, Labor Management Conference 2/13
American Arbitration Association, Updated Commercial Rules 1/14
Annual Training for Certified Hearing Examiners 2/14
National Academy of Arbitrators, Labor Management Conference 2/14
National Academy of Arbitrators, Southwest/Rockies Region Annual Labor Management Conference, 2020, 2019, 2018, 2017, 2016, 2015, and 2014
Annual Meeting National Academy of Arbitrators 9/21
Chapter 143 Local Government Code Training for Hearing Examiners 2017, 2015, 2014, and 2013
AAA/ICDR/Mediation.org Panel Conference, 2/16
Working Effectively in Federal Sector Arbitration 9/16
AAA National Labor Conference 2/18
National Academy of Arbitrators Annual Meeting 5/18,
Faculty, Dallas Bar Association, Employment Arbitration 9/96
Faculty, Dallas Bar Association, Effective Arbitration 11/00
Faculty, American Arbitration Association, Arbitration Advocacy 10/02
Faculty, American Arbitration Association, Arbitration Advocacy 10/04
Faculty, Southwest Regional Conference of the National Academy of Arbitrators, How to Do Employment Arbitration Effectively & Efficiently 4/05
Faculty, American Arbitration Association, Arbitration Advocacy 5/05
Faculty, Texas Bar Association, Advanced Consumer & Commercial Law, Winning in Arbitration 11/08
Faculty, American Arbitration Association, Grievance Processing, May 2012
Faculty, Southwest/Rockies Regional Conference of the National Academy of Arbitrators, Measured, Metered and Monitored, 2/14 and 2/16
Adjunct Professor, University of North Texas, Arbitration: Essential Concepts, 2009-2017
Published Awards
AAA Employment Awards are available on LEXIS and Westlaw