Norman Brand, Esq.

Arbitrator, Mediator

Arbitration: individual employment and statutory disputes, ERISA/MPPAA disputes, private and public sector labor management disputes (including interest arbitration), med-arb business disputes, intellectual property, and scientific disputes.

Mediation: private business disputes, individual employment disputes (including statutory discrimination, executive compensation, and sexual harassment) labor-management disputes, public sector disputes in schools and cities, personal injury, environmental, and medical malpractice.

(1983-Present, full time; 1978-83, part-time)

Professor

Hastings College of Law (Adjunct) 1993-1997. Arbitration
Albany Law School, Albany, New York, July 1978 to July 1983 (Assistant/Associate) Courses: Labor Law; Arbitration; Labor Law in the Public Sector; Collective Bargaining; Legal Writing, Reasoning, and Research

Labor Counsel

Executive Chamber, Albany, New York, September 1976 to July 1978.
Advised and represented the Emergency Financial Control Board for the City of New York on labor matters and administered statutory wage freeze. Recommended labor policies, approved labor contracts between NYC and its unions, wrote Board resolutions on labor matters. Chief state negotiator in NY Parkway Police bargaining unit.

Executive Assistant to the Director

New York State Office of Employee Relations, Albany, New York, September 1975 to August 1976.
Administered grievance procedures for 176,000 employees; negotiated with NY State Police; special projects; press relations.

Education

J.D. University of California, Davis, June 1975
Ph.D. Arizona State University, January 1971, English
M.A. Arizona State University, January 1969, English
B.A. Harpur College, State University of New York, Binghamton, June 1966

Publications

Co-Author, Designing Integrated Conflict Management Systems, Cornell Studies in Conflict and Dispute Resolution, 2001
Editor, How ADR Works (BNA: in press)
"ADR and Settlement," in California Practice Guide - Employment Law (Rutter Group: 2001)
"The Misuse of Mediation," Los Angeles Times, May 6, 1999.
Editor in Chief, Discipline and Discharge in Arbitration, (Washington: BNA, 1998).
ADR Personalities and Practice Tips, Chapter 8, American Bar Association - Section of Dispute Resolution (Washington, D.C.: 1998)
"Using Mediation Effectively." 128 California Public Employee Relations 7 (February 1998). Also appeared in XX School Employers Association Reporter 5, October 1997
"Mandatory Mediation: Endangering the Process," King Hall Counselor, Winter 1997.
"Choosing the 'Expert' Mediator," ADR Currents, Summer 1997
"Erasing the Lines Between Arbitration and Litigation," Res Ipsa, June 14, 1995
"Due Process in Arbitration," in Bornstein and Gosline Labor and Employment Arbitration, New York: Matthew Bender, 1994, 2000.
"Learning to Use the Mediation Process - A Guide for Lawyers," 47 Arbitration Journal 6 (December, 1992), reprinted in Craver & Brunet eds. Alternative Dispute Resolution, (MICHIE, 1997).
Daily Journal 1992-1995: Bi-Monthly: Monthly Column on Alternative Dispute Resolution; including: "Alternative Dispute Resolution Looks Like Method of the Future," "Mediator's Authority Depends Upon the Client's Confidence," "How Many Arbitrators Do You Really Need?" "Arbitrating Without Pain: Rules You Can Live With."
"New Trust Impasse Rules: A Review of Major Changes," 25 Employee Benefits Digest 3 (1988).
Labor Arbitration: The Strategy of Persuasion, New York: Practising Law Institute, PLI, 1987.
Legal Writing: The Strategy of Persuasion (with J.O. White), New York: St. Martin's Press, 1976. Second edition, 1988. Third Edition, 1993.
"Technology Will Shape the Future of Legal Writing," 5 Lawyer Hiring and Training Report 17 (1984).
"PERB Finds Discipline and Discrimination Negotiable Under SEERA," 3 Labor & Employment Law News 6 (1984).
Jim McNeff, Inc. v. Frank L. Todd, et al., Preview of United States Supreme Court Cases (April 7, 1983).
Charles D. Bonnano Linen Service, Inc. v. National Labor Relations Board and Local 25, International Brotherhood of Teamsters, Preview of United States Supreme Court Cases (May 20, 1982).
"Agency Shop After Abood: The State of the States," 3 Public Employment Research Service Bulletin 3 (1980).
"Legal Writing, Reasoning, and Research: An Introduction," 44 Albany Law Review 292 (1980).
"N.Y. Taylor Law Amendments Potentially Far-Reaching," LMRS Newsletter 12 (1977).
"Composition for the Pre-Professional: Focus on Legal Writing," 27 College Composition and Communication 41 (1976).
"Minority Writing Problems and Law School Writing Programs," 26 Journal of Legal Education 331 (1974).
"Minority Writing and Majority Reading: The Problems of CLEO Students," AALS Committee on Minority Groups Newsletter, September 1972. Reprinted in Minority Opportunities in Law for Blacks, Puerto Ricans and Chicanos (New York: New York Publishing, 1974).
"Power in the Blood: The Polemics of the Fugitive Slave Narrative, "Doctoral Dissertation (not separately published), Arizona State University, 1971.
"Skills Remediation in Minority Group Law Students," Arizona English Bulletin, October, 1969.

Professional Memberships

President, California Dispute Resolution Council, 1998.
Fellow, The College of Labor and Employment Lawyers
Board of Directors, California Dispute Resolution Council
Board of Directors, California Dispute Resolution Institute
American Arbitration Association National Employment Advisory Council
Member, Mediation Society
President, Industrial Relations Association of Northern California, 1994-95.
Member, National Academy of Arbitrators, Chair, Northern California Region (1990-2).
Member, American Association for the Advancement of Science
Chair, International Foundation of Employee Benefit Plans, American Arbitration Committee, 1990, Member, 1988-1989.
Chair, Association of American Law Schools, Section on Labor Law, 1983.
Chair, Association of American Law Schools, Section on Legal Writing, Reasoning, and Research, 1980-81, 1981-82.
California Bar and New York Bar
Secretary, Executive Committee, Labor and Employment Law Section, California Bar Association, 1988, Member, 1985-1988, Advisor, 1989-91, Chair, Editorial Board, Labor and Employment Law Quarterly, 1990-1992.

Panels

Los Angeles City Employee Relations Board

NASD Dispute Resolution, Inc. Mediation Program

California State Mediation/Conciliation Service

Department of Labor Mediator Program

Federal Mediation and Conciliation Service

CADRe Mediation Panel

California PERB

National Mediation Board

Oregon Employment Relations Board

San Francisco Civil Service Commission

Contract Arbitrator

AC Transit Retirement Board

Affiliated Hospitals of San Francisco/CNA

California State University, Long Beach and CSEA

City of Oakland/Oakland Police Officers Association/IAFF

City of Sacramento Sump 2 Improvements Project

City & County of San Francisco Municipal Attorneys Association

City & County of San Francisco/SEIU

Federal Aviation Administration/PASS (AVN)

Health & Welfare Trust Fund (Sacramento)/SEIU Local 22

Internal Revenue Service and National Treasury Employees Union

McClellan Air Force Base/AFGE Local 1857

Metropolitan Water District of Southern California/AFSCME Local 1902

National Association of Air Traffic Specialists

Pacific Bell/CWA

Pacific Bell/TIU

Sacramento Independent Hotel, Restaurant and Tavern Employees

Welfare and Pension Trusts

San Francisco Bay Area Rapid Transit District and BART Police Officers Association (BPOA)

San Benito Foods/Teamsters Local 890

Screen Actor's Guild/Alliance of Motion Picture & Television Producers

Seton Medical Center/CNA

Southern California Edison/IBEW Local 47

State of California/CCPOA

State of California/Department of Forestry Employees Association

Teamsters Local 150 Fluid Milk and Ice Cream Agreement (Multi Employer Bargaining Unit)

Teamsters Local 533 and Disposal Services Panel

University of the Pacific/IBT Local 439

Valley Clerks & Drug Employers/Health & Welfare Trust Fund

Writer's Guild of American/Alliance of Motion Picture & Television Producers

Yolo County Office of Education/CSEA

Recent Speeches

"Interest Arbitration, "International Personnel Management Association Annual Meeting, San Leandro, California March 28, 2002
"Judicial Council Rules for Arbitrators," The Masters' Forum, Pepperdine University School of Law, Straus Institute for Dispute Resolution, Malibur, California March 15-16, 2002
"Moving Parties to Resolution," ABA Judicial Mediator Training, February 19, 2001
"What the Supreme Court Will Do With Foxgate," Beverly Hills Bar Association, February 7, 2001
"ADR and the Problem High Tech Employee," ABA Section of Dispute Resolution, San Francisco, April 7, 2000
"Mandatory Arbitration of Employment Disputes, A Survey of Recent Developments in the Law," Barristers Club, December 7, 1999, State Bar Labor and Employment Law Section 17^th Annual Meeting, San Diego, November 6, 1999
"Discipline and Discharge," ABA Annual Meeting, Atlanta, GA, August 10, 1999
"Employment Law Litigation: ADR Update," The National Employment Law Institute, San Francisco, May 6, 1999
27^th Annual Employer-Employee Labor Relations Conference, U. C. Davis, February 3, 1999, Program Moderator
"External Law," Labor Arbitration Institute Conference, San Francisco, January 8, 1999
Making Sense of Birbrower: Fee Agreements, Misdemeanors & Ethics, June 16, 1998, San Francisco
26^th Annual Employer-Employee Labor Relations Conference, U. C. Davis, February 4, 1998, Program Moderator
Asia Foundation: Presentations for visiting Indonesian Neutrals, September 23 and October 10, 1997, San Francisco
"Strategies for Successful Mediation of Employment Claims," National Employment Lawyers Association, Toronto, June 26, 1997
Discipline and Discharge in the Unionized Workplace, San Francisco, April 4, 1997
"Arbitration Here and Now: What You Need to Know about Arbitration of Grievances in Public Education," 22^nd Annual Conference of the School Employers Association, Costa Mesa, March 14, 1997
"Using Mediation Effectively," League of California Cities Employee Relations Institute, February, 20, 1997
"The Implications of Lapine Technology Corp. v. Kyocera," Barristers Club ADR Committee, February 18, 1997
25th Annual Employer-Employee Labor Relations Conference, U.C. Davis, February 13, 1997, Program Moderator
"External Law," Labor Arbitration Institute Conference, San Francisco,January 24, 1997
"Successful Strategies in Arbitrating Employment Claims," National Employment Lawyers Association, Minneapolis, October 18, 1996
24th Annual Employer-Employee Labor Relations Conference, U.C. Davis, February 20, 1996, Program Moderator

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