Tag Archives: labor law

mediation - AZ Business Magazine March/April 2012

U.N. taps Arizona Summit Law School prof to design system

FOX_8043SGonzalesArizona Summit Law School professor and founding faculty member Steven Gonzales was invited by the United Nations to assist the Industrial Court of Botswana on the development of the court’s alternative dispute resolution (ADR) system. Professor Gonzales will advise the court on effective mediation and arbitration policies and practices, as well as provide comprehensive mediation training for the entire Industrial Court of Botswana’s judiciary. The one-week initiative begins in early October.

Professor Gonzales, who is a former administrative law judge and accredited NGO representative to the United Nations Permanent Forum on Indigenous Issues, is an established ADR professional. He was selected to lead this initiative by the United Nations because of his professional experience and previous work with the Industrial Court of Botswana through Arizona Summit Law’s externship program, which began in 2013. Responding to the court’s request for assistance with this ADR initiative, the United Nations is sponsoring Professor Gonzales’ participation, and hopes to influence other African countries to implement similar courts and ADR systems.

“The United Nations is offering both Professor Gonzales and the Industrial Court of Botswana a beneficial opportunity that will undoubtedly help to improve the legal system in Botswana, providing a valuable alternative to litigation,” said Dean Mays, Arizona Summit Law School. “Over the years, our professors and students have worked to find ways to make a direct positive impact on communities by promoting access to justice in the United States and around the world. This initiative marks important progress.”

“I am honored that the United Nations called upon me to help establish an ADR system, which has provided valuable alternatives to litigation in the United States and in other international legal systems” said Professor Steven Gonzales, Arizona Summit Law School. “I am hopeful that in addition to providing new resources to the Botswana people, students at Arizona Summit Law School will have future opportunities to be involved in the implementation of the ADR system as a result of my involvement.”

The Industrial Court of Botswana has many similarities to our Western legal system, including a separate independent arm for the judiciary.  Botswana’s judicial system also comprises a High Court and Court of Appeals, while the indigenous (Africans) are regulated under customary law.  The Industrial Court of Botswana oversees labor law, immigration, migration, dispute resolution and international trade law. Establishing a comprehensive ADR system further enhances Botswana’s judicial system.

Flexible Workplaces

Arizona Employers Learn Workplace Violence Prevention

The Phoenix business community has already experienced several tragedies, with the first workplace shooting of the year in January, and the most recent incident involving a personal relationship issue erupting into another workplace shooting. Though the circumstances leading to these violent outbreaks differ, business owners and human resources professionals can learn from them and be prepared to prevent similar situations.

On Wednesday, June 5, expert speakers Dr. James Turner and Mountain States Employers Council (MSEC) staff attorney Dave Dixon will share a series of interactive vignettes designed to help employers to respond promptly, effectively and appropriately to inappropriate workplace behaviors that create disruption in the workplace, while also minimizing risks related to unlawful discrimination under the ADA, even as disability claims continue to rise. The workplace violence discussions and other significant employment and labor law trends and changes are part of this year’s Employment Law Update at the Sheraton Crescent Hotel, 2620 W. Dunlap Ave., in Phoenix.

While violent behavior can manifest for many different reasons, mental illness is often a root cause. Employers must discern between abnormal but harmless behavior and the signs of a violent progression. MSEC, a leader in human resource and employment law services, helps employers understand the legal and psychological aspects of mental illness; identify warning signs of aggression; and ward off or respond to escalated incidents.

“Whether in the workplace, or society-at-large, failure to effectively manage conduct that may or may not be related to mental illness may bring consequences from simple organizational inefficiencies to the more tragic and violent consequences we have all too frequently seen,” said Dixon.

For more information about MSEC’s services or the Employment Law Update, visit www.msec.org.

For 70 years, MSEC has hosted educational events such as the Employment Law Update for employers throughout the Western United States to maintain productive employer/employee relationships and to build effective, successful businesses.

greenberg traurig

Greenberg Traurig Attorney Will Speak At Society Of HR Management Conference

Daniel B. Pasternak, a shareholder in the Phoenix office of international law firm Greenberg Traurig LLP, is scheduled to speak at the Society for Human Resource Management’s (SHRM) annual conference held June 24 to 27 in Atlanta, Georgia. Pasternak will lead a session titled “Traditional Labor Law Issues Affecting the Non-Union Employer.”

Pasternak, who practices in the firm’s Labor & Employment practice, will speak on Wednesday, June 27 about the National Labor Relations Act and how it applies to non-union employers. He will discuss the recent actions by the National Labor Relations Board to extend and apply the act, particularly as it relates to employees’ use of social media as a means to comment on the workplace.  Pasternak will also address issues in the non-union workplace including confidentiality, blogging, Internet usage policies, solicitation and distribution policies, and other matters that arise daily in the workplace.

This is SHRM’s 64th annual conference. According to its website, SHRM was founded in 1948 and is the world’s largest association devoted to human resource management serving the needs of HR professionals and advancing the interests of the HR profession in over 100 countries.

Pasternak focuses his practice on representing employers in traditional labor relations matters, including union organizing campaigns, collective bargaining negotiations, unfair labor practice charge and representation case proceedings before the National Labor Relations Board and federal appellate courts, and grievance arbitration proceedings, as well as litigating employment discrimination, harassment, and retaliation cases before the federal and state courts, administrative agencies, and in arbitration and mediation proceedings. He represents clients in other employment-related matters, such as wage and hour, non-compete and non-solicitation, breach of contract, ERISA denial of benefits, executive compensation, and shareholder and LLC member disputes.

Pasternak received his J.D. from the University of Illinois College of Law and his B.S. from the University of Illinois at Urbana-Champaign.

Greenberg Traurig’s Labor & Employment Practice, with more than 100 practitioners firm-wide and recognized by Law360 as a 2011 Employment Group of the Year, provides an array of workplace strategies and legal counsel, including consulting, technical assistance and litigation representation.

For more information Greenberg Traurig and the Society for Human Resource Management, visit Greenberg Traurig’s website at gtlaw.com and visit the Society for Human Resource Management’s website at shrm.org