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227.1 sec. 1 - Labor and Employment Arbitration (Fall 2013)

Instructor: Barry Winograd  (view instructor's teaching evaluations | profile)
Instructor: Margaret Brogan  (view instructor's teaching evaluations | profile)
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Units: 3
Meeting Time: M 3:35-6:15
Meeting Location: 141

Course Start: August 26, 2013
Course Control Number (Non-1Ls): 50600


This class focuses on the historically important role of arbitration in labor and employment law. In the first third of the course, students will review several key cases and articles dealing with basic arbitration principles in the fields of union and non-union employment, including the continuing debate over compelling arbitration of statutory discrimination claims. Legal principles arising under the Federal Arbitraton Act and the National Labor Relations Act, as amended, will be considered. For the balance of the course, students will be assigned practice and simulation exercises. These are similar to those used in professional legal education programs developed by the instructors for advocates and arbitrators. In the final session of the course, students will work in teams to prepare and present a mock arbitration case before a professional arbitrator. The final grade will be based on the series of assignments throughout the semester. There is no prerequisite for the seminar. Some students might find past or current study of courses such as Labor Law, Employment Law, and Evidence to be helpful, but they are not required.

The course will be taught by Barry Winograd and Margaret Brogan. Barry Winograd has been an arbitrator and mediator since 1988 specializing in labor and employment cases, and is a member of the National Academy of Arbitrators. Previously, Mr. Winograd was an administrative law judge in the labor law field in the 1980's and a staff attorney with the United Farm Workers Union in the 1970's. He has served on the adjunct faculty at Berkeley Law since 1985, and at the University of Michigan Law School from 2004 to 2009. Margaret Brogan has been an arbitrator and mediator since 1990 handling labor and employment cases. Her permanent appointments include service for professional baseball and hockey, and for many U.S. air carriers and their unions. She is a member of the National Academy of Arbitrators. Prior to Ms. Brogan's career as a neutral, she was a trial attorney with the National Labor Relations Board, and also taught labor relations courses at St. Joseph's University in Philadelphia.

Exam Notes: None
Course Category: Work Law
This course is cross-listed in the following categories:
Advocacy Skills Courses
Litigation and Procedure
Negotiation and Dispute Resolution

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Syllabus

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