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April 2022

The Vice President's Views 

I hope this finds everyone well. This Newsletter typically speaks to the goings on of the College, such as the importance of nominating those who meet the highest standards for admission into the College (with an emphasis on increasing the number of Fellows from underrepresented constituencies), diversity and inclusion, regional activities and programs, active projects and new directions. However, I thought given the recent world events, a deviation from “normal” is appropriate. In particular, I thought it worth discussing two topics that are in the forefront of our lives - resiliency and collegiality.

During these pandemic years, we have learned how difficult it can be to live without the unlimited freedoms we took for granted such as hugging loved ones and gathering as a community. As we turn to spring, and hopefully move closer to the return of pre-Covid normalcy, we as Fellows have much to be thankful for. We continue to be proven influencers in the field of labor and employment law. We promote achievement, advancement and excellence. And we have learned to successfully navigate in a different world. In sum, we are resilient.

We also learned how our collegial relationships allow us to collaborate with one another, socialize together and mentor and guide each other through these difficult times. We learned the value of being a Fellow and how Executive Director Susan Wan, Program and Events Coordinator, Jen Motley and Past Presidents David Borgen and Alan Symonette, together with numerous Fellows, provided us with the utmost in stewardship.

Sometimes we need to explore words in context. As I write this column, it is in part inspired by the current situation in Ukraine. I realize how the terms resiliency and collegiality unequivocally resonate with the recent and ongoing events in Ukraine. It is difficult to fathom a more resilient group of individuals who have garnered the strength to withstand their current circumstances. Their resiliency is embedded in every image we see of the resulting humanitarian crisis. What I learned, while writing this column, is that Ukrainians also embrace collegiality. Ukraine has an official Day of Collegiality, which is the festival celebrated every year, in March, on the day of the act of reunification of Ukrainian People's Republic and the Western Ukrainian People's Republic. I am inspired by their celebration of collegiality on an ongoing basis.

As we glance back at the past two years, and moving forward, we need to keep in perspective what true resilience and collegiality are about. As Fellows, it is important that we continue to pave the path for these and other aspects of the College’s mission in order to continue its progress. In the spirit of progress, I hope to see many of you on November 12, 2022 in Washington, DC, where we will celebrate the induction of the Class of 2022.

Lisa B. Moss
Vice President

MARK YOUR CALENDARS FOR
SATURDAY, NOVEMBER 12, 2022 FOR
THE ANNUAL INDUCTION DINNER WHICH WILL TAKE PLACE AT THE OMNI SHOREHAM IN WASHINGTON, DC.


INFORMATION ABOUT THE ROOM BLOCK AND OTHER CLOSE BY HOTELS WILL BE AVAILABLE SOON.
Tell Us Your Story
This column features brief stories from Fellows of all constituencies sharing how he or she first became involved in the practice of labor and employment law. If you are interested in submitting your story, please email Susan Wan.
  •  Fellow Debra Katz | Partner | Katz Marshall & Banks, LLP
  I grew up in a liberal Jewish home in New York fighting for the underdog and protesting injustices. I always knew I wanted to be a civil rights lawyer. I went to University of Wisconsin School of Law in Madison, where I had the opportunity to do prisoners’ rights work and to co-found the Women’s Law Journal. In 1985, I held a Women’s Law and Public Policy Fellowship at Georgetown University Law Center. During my fellowship year, the U.S. Supreme Court accepted certiorari in Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), the landmark sexual harassment case, and I was assigned, as part of my fellowship, to work on Mechelle Vinson’s legal team. I had the great good fortune to work with a team of seasoned and brilliant women’s rights lawyers -- Marcia Greenberger, Judy Lichtman, Linda Singer, Sarah Burns, Susan Deller Ross, Katherine McKinnon, Wendy Williams to name a few -- to devise a winning strategy. 

My work on Meritor Savings and other women’s rights cases I participated in during my fellowship year was career defining. I loved the work and found the issues compelling and the need for lawyers to handle such cases urgent. For decades before the emergence of the #MeToo movement, I handled sexual harassment and sex discrimination cases along with other discrimination and whistleblower cases. In 1987, I founded Bernabei & Katz, along with another College of Labor of Employment Law member, Lynne Bernabei. We handled plaintiff-side employment discrimination and whistleblower cases exclusively. In 2006, along with CLEL member Lisa Banks, I founded Katz, Marshall & Banks, and have continued to practice plaintiff-side employment discrimination and whistleblower cases exclusively. Since 2017, when the #MeToo movement emerged, I have been busier than ever handling sexual harassment cases. I find this work as necessary today as ever, and even more gratifying. I’ve never been a Presbyterian, but labor and employment law was my destiny.
  • Fellow Steve Suflas | Senior Counsel | Ballard Spahr LLP
A lifelong resident of the Philadelphia area, my goal after law school was to return home (primarily to start attending Philadelphia Eagles games in person again). But my law school, the University of North Carolina at Chapel Hill, was viewed as too parochial in that marketplace, and my applications for a summer position after my second year received tepid response. One of my Father’s business partners pulled some strings, and I was hired to summer in the labor and employment group of the largest firm in the city. I had the privilege of being mentored by future NLRB Member Peter Walther and others who later would become CLEL Fellows. When the Mailer’s union at the local evening newspaper (an evening newspaper - what a concept?) went out on a wildcat strike, my path to a future career as a management-side lawyer was set. I was hooked.

Decades later, the most important point for this piece is this: At my daughter’s wedding, two tables of guests consisted of close personal friends who were labor and employment lawyers from both sides of the aisle, all of whom I had met through litigation, bar association, and other professional activities. That is tangible proof of the value and importance of the College’s mission: “To establish, by example, the standards of professionalism and civility for the practice of labor and employment law.”

Upcoming Regional Activity

◊   May 12, 2022 – Seattle, WA:  The Seattle Regional Planning Committee is hosting an in-person event. Held in conjunction with the Pacific Coast Labor and Employment Law Conference, Fellows are invited to gather together for food, beverages and camaraderie! The reception will be held at the offices of Lane Powell starting at 4:30 pm. Please RSVP to Jen Motley.

◊   May 24, 2022 – New York, NY:  The 2nd Circuit Regional Activity Committee is hosting a CLE event at the offices of Seyfarth Shaw from 4:00 pm to 8:30 pm which will include dinner and 4.0 hours of CLE.  Fellows in upstate New York can attend remote satellite locations at the law firm of Bond Schoeneck. The program agenda, with speakers and topics, is attached. Attendance will cost $65 at the NYC location and $35 at the upstate locations. Please contact Jen Motley for information on how to RSVP. 
 

Contributors Needed for 
Elkouri & Elkouri How Arbitration Works

ABA Labor Section Treatise Committee is responsible for coordinating the publication of the twenty plus treatises on various areas of labor and employment law. As a member of that committee, Immediate Past President Alan Symonette is working closely with the team responsible for publishing a new edition of Elkouri & Elkouri How Arbitration Works. Through this reorganization, the Committee is looking to use more chapter contributors from management, union and neutrals practice areas. Currently, they are short a couple of contributors especially from management and neutrals.
If you are interested in participating as a chapter editor, please contact Alan at asymonette@symonetteadr.com and he will put you in contact with the Editor in Chief, Robert Creo. The committee could benefit from the collective knowledge of CLEL Fellows. In addition, there is an opportunity to mentor younger attorneys who are also working on the project. 

Annual Law Student Writing Competition

Papers for the CLEL/ABA Section of Labor & Employment Law’s 2021-2022 Writing Competition for Law Students are now being accepted. Fellows who are adjunct professors at accredited law schools are encouraged to distribute and promote this wonderful opportunity with their students. Now more than ever, students will be looking for possible ways to supplement their income and their connections as they head toward graduation. Prizes awarded by the College of Labor and Employment Lawyers include: First Place: $3000, Second Place: $1000, Third Place: $500. The first-place article will also be considered for publication in the ABA Journal of Labor & Employment Law, and its author will be a guest at the annual CLE program of the ABA Section of Labor and Employment Law and recognized at the Annual Induction Dinner of the College. View the complete announcement and rules for this year’s competition by clicking here. You, and your students, can also view previous winning submissions on the CLEL website. Entries should address aspects of public or private sector labor and/or employment law relevant to the American labor and employment bar of Labor and Employment Lawyers. Deadline for papers is June 15, 2022. Please contact Susan Wan if you have any questions.

New College Website Includes an Online Directory

The College launched an updated website the end of December 2021!! Please take a look and familiarize yourself with the new format. One of the features we are most excited about is the Directory of Fellows, which is a password protected area where you can go to find the most current contact information for all Fellows and you can update your own information as well.

Click here to print off instructions for setting up your log in and password.

Because of this new feature, hard copy directories will no longer be printed and mailed to Fellows. If you would like a PDF copy, please contact Jen Motley. You can always email your directory changes to Jen Motley directly and she can update the online Directory as well as our records.

Dues Reminder

Invoices for 2022 dues were mailed in early January. Given delays experienced by the US Post Office, and that many are still working remotely from home, this is a reminder that dues were to be paid by March 1st. Click here to make your $300 annual payment, easily and securely, on the College's website. A receipt will be emailed once the transaction has been completed. For those who have not yet paid, starting May 1st you will receive a dues invoice from Authorize.net via email. This is the College’s credit card processing company, and you will be able to securely make a payment through the link in the email. If you need a copy of your dues statement or have any questions, please don't hesitate to contact Jen Motley.

- EMERITUS FELLOWS AND HONORARY FELLOWS CAN DISREGARD THIS MESSAGE -

Spotlight on Fellows

Fellow Daniel Brent (Princeton, NJ) served as an Arbitrator at the Tokyo Olympic Summer Games last July and August. He was appointed by the International Olympic Committee and the International Council for the Arbitration of Sport to the Olympic Ad-hoc Anti-doping Arbitration Panel. Dan has been an Arbitrator for the Court of Arbitration for Sport and served on the U.S. Olympic Anti-doping Panel deciding doping violation cases as a CAS Arbitrator for many years.
Fellow Paul Donnelly (Gainesville, FL), along with his co-counsel, David O’Neil of Debevoise & Plimpton LLP, have been named “Litigators of the Week” by The American Lawyer for their Frist Amendment victory against the University of Florida. “Litigators of the Week” are “recognized for their achievements in the nation's most complex high-profile cases” and “are impacting the biggest breakthrough decisions in America's courtrooms.”  Paul secured a preliminary injunction against the University of Florida for six professors after they were barred from offering expert testimony against the state of Florida. The case arose when the University of Florida, which had long encouraged faculty members to serve as expert witnesses for or against the State, abruptly began prohibiting professors from participating as expert witnesses in litigation challenging signature policies of the DeSantis administration.  
Fellow Bill Martucci (Kansas City, MO and Washington, DC) has been elected President of the Kansas City Metropolitan Bar Association for 2022-2023. Bill, a partner at Shook Hardy & Bacon LLP, brings to the role over twenty years of experience as an international business law litigator, honed by working with Fortune 500 companies and other organizations to manage class action, whistleblower, business litigation, employment policy, complex litigation, and executive dispute cases.
Birmingham Business Journal (BBJ) selected Fellow Carol Miller (Birmingham, AL) for its Best of the Bar awards program. As an honoree, she was featured in the April 15 edition of the BBJ and honored at an April 14 event at City Club Birmingham. The Best of the Bar awards program is designed to acknowledge the work of accomplished area lawyers across a wide range of practice areas. Honorees are selected from a public pool of nominations which are submitted through BBJ’s website and are determined by a panel of editorial judges. Top criteria includes contributions to their fields, tangible accomplishments in their practice area, and contributions to their respective firms. Factors such as professional reputation and civic involvement are also considered. 
Fellow Rosemary Townsley (New York, NY) was recently appointed by the NYS Senate to serve a six-year term as a member of the three-person NYS Public Employment Relations Board (PERB). PERB primarily governs and regulates all public sector labor and employment law matters, pursuant the statute known as the Taylor Law, including the recognition or certification of an employee organization to serve as the exclusive representative of a unit, elections, improper practices, duty of fair representation, impasse procedures including mediation, fact-finding, and binding interest arbitration. She was again listed in the current editions of Best Lawyers and SuperLawyers for the New York State region in the ADR area. She resides in New York City with her husband, Fellow Howard Edelman.
The Ohio Board of Professional Conduct reelected Fellow Patricia Wise (Toledo, OH) as board chair for a second, one-year term which started January 1, 2022. Patty has served on the board since 2014 and has chaired the Budget and Personnel Committee. In 2019, she chaired the ad hoc board committee that recommended the appointment of Disciplinary Counsel Joseph Caligiuri for the Ohio Supreme Court. Patty Wise is a partner with the Toledo firm Spengler Nathanson PLL.

In Memoriam

The College mourns the recent passing of Fellow Stanley Lubin.

Stan Lubin, 2nd from the left, along with Jimmie Dulaney Sr., far left, and Fellows Samantha Dulaney and Mark Gaston Pearce at the 2019 Induction Dinner, New Orleans, LA.
Stanley Lubin (Phoenix, AZ) passed away on April 6, 2022 at the age of 80. Inducted in the Class of 2008, Stan spent his legal career practicing labor and plaintiff-side employment law. He started his career at the NLRB in the Appellate Court Section of the General Counsel’s office. In 1968, he became Assistant General Counsel to the United Automobile Workers in Detroit, and in 1972, moved to Phoenix where he went into private practice representing labor unions and employees. He started his own solo practice in 1986 which eventually became Lubin & Enoch in 1997.

Committed to improving the lives of working people, Stan was recognized with an AV Martindale Hubbell rating for forty years. He founded the Labor & Employment Section of the State Bar; served as a founding member of the AFL-CIO Lawyers Coordinating Committee and was given the Albert Marquis Lifetime Achievement Award by Who’s Who for demonstrating unwavering excellence throughout his career.  He also won the prestigious Member of the Year Award for the Employment & Labor Section of the State Bar of Arizona in 2015. A committed College Fellow, Stan served on the Circuit Credentials Committee for the 9th Circuit South from 2010 to 2015 and was a member of the Regional Activities Committee for the same area, where he had worked to initiate programming for the state of Arizona. Unfortunately, the passing of his wife Barbara and the pandemic made such efforts difficult.

Stan’s complete obituary can be read here. A celebration of life will take place on May 20th at 2 pm (local time) at IBEW Local 640 in Phoenix, AZ and will be broadcast via Zoom using this link:
 
Members of the College strive to promote achievement, advancement and excellence in the practice of labor and employment law. Mr. Lubin distinguished himself as a leader in the field, and the College was proud to call him a Fellow.

College Logo Is a Sign of Distinction


Fellows are encouraged to include the College logo on their website or as part of their email signature block. Two different formats are available for download: .jpg or .png. Please contact Susan Wan if you would like a logo file in a different format.
 

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Copyright © 2023 The College of Labor and Employment Lawyers, All rights reserved.
The views expressed herein are not necessarily those of
The College of Labor and Employment Lawyers, Inc.
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