Employment Arbitration Bootcamp (Winograd)
FS 1:00PM - 5:00PM
Silverman Hall 147
WRFS 1:00PM - 5:00PM
Silverman Hall 147
This two-unit course, offered in six class sessions on a credit-no credit (pass-fail) basis, will study the law and practice governing mandatory employment arbitration proceedings affecting the statutory rights of millions of workers. The course will follow Penn Law’s “bootcamp” model with classes from 1:00 pm to 5:10 pm on Wednesday-Saturday, January 4-7, and Friday-Saturday, January 13-14, 2023. Enrollment is limited to 20 students.
As a principal course objective, employment arbitration will be examined through a series of case and practice readings, in-class simulation exercises, and student writing assignments. Students will be assisted with an Arbitration Practice Guide and a set of Supplemental Readings prepared specially for this class. In the last class session, students will work in teams to present a case to professional arbitrators presiding at an employment arbitration hearing. There are no prerequisites for the class. Past or current courses on labor and employment law, and evidence, could be helpful, but they are not essential. Professional experience in employee relations and human resources could be helpful as well, but is not essential.
The instructor has been an arbitrator and mediator of workplace and other civil disputes since 1988. For over 30 years, he has been on the adjunct faculty at Berkeley Law teaching labor law and arbitration, and for five years he taught on the adjunct faculty at Michigan Law School. The instructor also has served as president of the National Academy of Arbitrators, was a senior editor of a treatise on employment law and dispute resolution, has written articles for professional journals in the field, and has contributed to amicus filings on arbitration cases in the Supreme Court. Previously, he was an an administrative law judge for the California Public Employment Relations Board and an attorney for the United Farm Workers Union.
Courts and the Judicial System Learning outcomes: Demonstrate a core understanding of both substantive and procedural issues in the operation of our legal system; Perform legal analysis in the context of procedural issues and the judicial process; Communicate effectively on topics related to procedure and the judicial process; Demonstrate an understanding of how procedural issues and the judicial process affect all other area of our legal system.
Employment Law and Employee Benefits Learning outcomes: Demonstrate a core understanding of employment law and employee benefits; Perform legal analysis in the context of employment law and employee benefits; Communicate effectively on topics related to employment law and employee benefits; Demonstrate an understanding of how employment law and employee benefits affect other areas of law.
Public Interest Learning outcomes: Demonstrate a core understanding of the varied legal aspects of public interest law; Perform legal analysis in the context of public interest law; Communicate effectively on topics related to public interest law; Demonstrate an understanding of how public interest law is connected to and affected by a wide variety of legal and regulatory structures and doctrines.