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227.1 sec. 1 - Labor and Employment Arbitration (Spring 2012)

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: Tu 3:35-6:15
Meeting Location: 107

Course Start: January 10, 2012
Course Control Number (Non-1Ls): 49637

This class focuses on the historically important role of arbitration in the field of 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 union and non-union employment settings, including the continuing debate over compelling arbitration of statutory discrimination claims. Legal principles arising under the Federal Arbitration 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 similar to those used in professional legal education programs developed by the instructors for advocates and for those being trained as 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 is 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 class will be limited to 20 students.

The course will be taught by Barry Winograd and Margaret Brogan. In addition to being professional arbitrators and mediators, they are husband and wife. 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 1987 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. vPrior 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.

This course satisfies the Skills Requirement.

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

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A reader will be used in this class.

Instructor has indicated that no books will be assigned.

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