Apart from their assigned mod courses, 1L students may only enroll in courses offered as 1L electives. A complete list of these courses can be found on the 1L Elective Listings page. 1L students must use the 1L class number listed on the course description when enrolling.
227.1 sec. 001 - Labor and Employment Arbitration (Spring 2022)
Instructor: Andrea Dooley (view instructor's teaching evaluations - degree students only)
Instructor: Barry Winograd (view instructor's teaching evaluations - degree students only | profile)
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Grading Designation: Credit Only
Mode of Instruction: In-Person
M 3:35 PM - 5:25 PM
Location: Law 136
From January 10, 2022
To March 14, 2022
Course End: March 14, 2022
Class Number: 32021
Enroll Limit: 18
As of: 05/21 11:58 PM
This class, offered on a credit-no credit basis, is based on practical experience and simulation exercises, including, for the final class session, a mock arbitration hearing presented to professional arbitrators. The exercises are similar to those used in professional legal education programs developed by the instructors for advocates and arbitrators. Brief writing assignments also will be used to sharpen student skills. As background for the class, attention will be paid to the historically important role of arbitration in labor and employment law. This area of law has been the source of many principles governing all types of arbitration as it has evolved in the past 50 years. At the outset of the class, students will become acquainted with basic arbitration law and practice in the fields of union and non-union employment, including decisions reflecting the continuing debate over compelling arbitration of statutory discrimination claims for individuals. A few readings will cover key legal principles arising under the National Labor Relations Act, as amended, and the Federal Arbitration Act. There is no prerequisite for the course. 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.
Two co-instructors will teach the course. One is Barry Winograd. He has maintained a dispute resolution practice since 1988 as an arbitrator and mediator of labor and employment cases, as well as business and other civil disputes. He is a past president of the National Academy of Arbitrators. Previously, Winograd served as an administrative law judge for the California Public Employment Relations Board and as an attorney for the United Farm Workers of America. He has been a lecturer at Berkeley Law since 1985, teaching courses on labor law, arbitration, and mediation. He also has taught on the adjunct law school faculty at the University of Michigan, and has written a number of articles in professional journals in the labor and employment field.
The other instructor is Andrea Dooley. She began her arbitration practice in 2014 and works throughout California, Nevada, and Alaska. Prior to becoming an arbitrator, Arbitrator Dooley was in private practice, representing unions and trust funds in arbitrations and litigation, collective bargaining, and elections. She also practiced as management counsel to labor organizations and nonprofits. After leaving her practice, she led labor-management programs, participated in national contract bargaining and interest-based bargaining, designed and implemented occupational safety and health programs, and advised managers and leaders on operational and regulatory issues. Arbitrator Dooley is a Faculty Member with the Labor Arbitration Institute and is the author of The Beginner’s Guide to Labor Arbitration Practice.
Attendance at the first class is mandatory for all currently enrolled and waitlisted students; any currently enrolled or waitlisted students who are not present on the first day of class (without prior permission of the instructor) will be dropped. The instructor will continue to take attendance throughout the add/drop period and anyone who moves off the waitlist into the class must continue to attend or have prior permission of the instructor in order not to be dropped.
Exam Notes: (None) Class requires a series of papers, assignments, or presentations throughout the semester
Course Category: Work Law
This course is listed in the following sub-categories:
Social Justice and Public Interest
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Instructor has indicated that no books will be assigned.