CURRICULUM VITAE
Employment Law
CONTACT INFORMATION:
Address: 5653 Useless Bay Avenue Unit 603, Langley, WA 98260
Phone: (360) 588-8031
EDUCATIONAL BACKGROUND:
B.A., George Washington University, 1966; J.D., Boston University School of Law, 1969
ADMISSIONS TO PRACTICE LAW:
Massachusetts, 1969 – Washington, 2005; U.S. District Court - Massachusetts, 1970 – Connecticut, 1985 – Western District of Washington, 2006; United States Court of Appeals – First Circuit, 1970 – Second Circuit 2004 - Third Circuit, 1985 – Sixth Circuit, 1982 – Ninth Circuit, 1995; United States Supreme Court, 1975; pro hac vice admissions in over 25 federal and state courts.
ARBITRATION PANEL:
2005 – American Arbitration Association, Employment Panel
PROFESSIONAL LEGAL EXPERIENCE:
1969-1973 - Associate, Angoff, Goldman, Manning & Pyle1 , Boston, Massachusetts
Union and Individual Employee Advocate
1973-1976 – Associate, Morgan, Brown, Kearns & Joy, Boston, Massachusetts
Employer Advocate
1976-2004 – Partner, Morgan, Brown & Joy, LLP2 , Boston, Massachusetts
Employer Advocate
PROFESSIONAL ASSOCIATION MEMBERSHIPS AND ACTIVITIES:
Boston Bar Association – Labor and Employment Law Section – 1969-2004
King County Bar Association – Labor and Employment Law Section – 2005 to present; Trustee, Labor and Employment Law Section – 2009-2011
Massachusetts Bar Association – Labor Law Committee – 1975-1977; Labor and Employment Law Section – 1978-2004 (Chairman 1978-1980)
Washington State Bar Association – Labor and Employment Law Section – 2005 to present
American Bar Association – Labor and Employment Law Section – 1969 to present; ADR in Employment and Labor Law Committee (formerly the Labor Arbitration and Collective Bargaining Agreement Committee) – 1975 to present – ADR Section - 2005 to present;
Labor and Employment Relations Association – 2009 to present
RELATED TEACHING EXPERIENCE:
Organizational Affiliation:
Labor and Employment Law Faculty Member, Massachusetts Continuing Legal Education,
Inc.3 – 1980-1990
Labor Relations Advisor, Associated Industries of Massachusetts4 1987- 2004
Selected Program Participation and Courses Taught:
1978, 1982, 1983 – MCLE , Labor Law and Employment Discrimination (Presenter)
1979, 1980 – Massachusetts Bar Association - Annual Employment Discrimination Seminar (Chairman)
1980 – U.S. Office of Personnel Management – Training Program on EEO Case Law (Presenter)
1980 – Massachusetts Academy of Trial Attorneys – A Practical Guide to Employment Discrimination Law (Presenter)
1981 - MCLE, Labor Law – Selected Issues for the General Practitioner (Presenter)
1982 – MCLE, Labor and Employment Law for the General Practitioner (Presenter)
1982 – Associated Industries of Massachusetts, Age Discrimination, Sex Discrimination, Emerging Trends in Employment Litigation (Presenter)
1983 – MCLE, Labor and Employment Discrimination Law (Presenter)
1983 – Associated Industries of Massachusetts, Developments in Employment Law (Presenter)
1984 – Associated Industries of Massachusetts, Methods to Avoid Liability Involving Employee Handbooks, Termination of Employees and Personal Lawsuits Against Managers (Presenter)
1984 - Associated Industries of Massachusetts, Labor Relations and Employment Discrimination Law (Taught two day program)
1985, 1986, 1988, 1989, 1990 – MCLE, New England Employee Relations Conference (Chairman and Presenter full day conferences)
1986 – Professional Education Systems, Inc., Massachusetts Trial Practice in Common Law Employee Actions (Chairman)
1987 – National Business Institute, Inc., Massachusetts Employment and Labor Law Update (Presenter)
1987, 1988, 1989 – Massachusetts Bar Association, Annual Meeting, Recent Developments in Federal and Massachusetts Law – Labor & Employment Law (Presenter)
1987 – Professional Education Systems, Inc., Litigating Individual Employee Claims (Presenter)
1987 – New England Corporate Counsel Association, Inc., Employment Law (Presenter)
1989 – Council on Education in Management, Personnel Law Update (Presenter)
1989, 1990, 1991, 1993, 1996 Associated Industries of Massachusetts, Creating an Employee Handbook (Presenter)
1995, 1996 Associated Industries of Massachusetts, Employment Laws for Massachusetts Companies (Presenter)
1997, 1998 – MCLE, Employment Law Trial Advocacy Workshop (Presenter)
1997 – Massachusetts Bar Association, Labor and Employment Law Section - Drafting Favorable Jury Instructions and Special Verdict Questions – Plaintiffs’ and Defendants’ Views (Presenter)
2000 – Associated Industries of Massachusetts, Creating Employee & Manager’s Handbooks (Presenter)
2000 – MCLE, Annual Employment Law Conference (Presenter)
2002 – Massachusetts Bar Association, Common Ethical Issues Arising in Employment Cases (Presenter)
2003 – MCLE, Handling Discipline and Discharges (Presenter)
2004 – Massachusetts Bar Association, Jury Trials in Employment Discrimination Cases: Techniques for Success (Presenter)
2007 – Washington State Bar Association, Employment Law Essentials: Update Your Practice with Views from the Bench and Leading Practitioners (Co-Chair and Presenter)
EMPLOYMENT LAW LITIGATION EXPERIENCE
Since 1969, my law practice has been limited to labor and employment law. Over that time I have rendered advice to clients on thousands of matters involving employment law as well as handling hundreds of employment matters in litigation before governmental agencies, arbitrators, and federal and state trial and appellate courts. These situations have covered all aspects of employment law including statutory (employment discrimination, etc.) and common law (contract and tort) claims.
ARBITRATION TRAINING
In 2004 I attended and completed a course presented by The Alliance for Education in Dispute Resolution and Cornell University entitled The Employment Law Arbitrator Training Program. This course was taught by Arbitrator Jacqueline F. Drucker and focused on substantive and business aspects of working as an employment arbitrator.
ARBITRATION EXPERIENCE
Since 2005 I have arbitrated dozens of cases in the public and private sectors involving a variety of issues including among others arbitrability, contract interpretation, past practice, discipline and discharge. I have also dealt with matters concerning the burden of proof and credibility resolutions. For a review of several of my decisions see the Selected Decisions portion of this web site.
1 During the time of association with Angoff, Goldman, Manning & Pyle, it was the oldest and largest law firm limiting its practice to the representation of unions and individuals in New England.
2 During the time of association with Morgan, Brown & Joy, LLP (and its predecessors), it was and is the oldest and largest law firm based in New England focusing on the representation of employers in labor and employment law. See present web site, www.morganbrown.com
3 MCLE is an organization created jointly by the Boston and Massachusetts Bar Associations for determining and presenting continuing legal education courses to attorneys.
4 Associated Industries of Massachusetts has more than 7,500 employers from all industries. It represents employers on legislative and regulatory matters as well as provides advice and training in the human resources field.
