WASHINGTON SUBURBAN SANITARY COMMISSION COMMISSION SUMMARY

Transcription

1 WASHINGTON SUBURBAN SANITARY COMMISSION COMMISSION SUMMARY AGENDA CATEGORY: General Counsel s Office ITEM NUMBER: DATE: August 21, 2013 SUBJECT Appointment of WSSC Labor Relations Administrator SUMMARY WSSC and AFSCME, the union representing WSSC s Service, Labor, and Trade Unit, have agreed to the appointment of Homer La Rue to serve as the WSSC Labor Relations Administrator for a three year period. SPECIAL COMMENTS Details are provided in the attached memorandum. Homer La Rue s dispute resolution resume and current fee schedule are also attached. CONTRACT NO./ REFERENCE NO. COSTS AMENDMENT/ CHANGE ORDER NO. AMOUNT MBE PARTICIPATION N/A Costs will only be incurred should the Labor Relations Administrator be called upon to resolve a dispute, and then the charges are split between the two parties. N/A PRIOR STAFF/ COMMITTEE REVIEW PRIOR STAFF/ COMMITTEE APPROVALS RECOMMENDATION TO COMMISSION General Manager General Counsel Director of Human Resources General Manager General Counsel Director of Human Resources Confirm appointment of Homer La Rue to serve as WSSC Labor Relations Administrator for a three year period COMMISSION ACTION

2 RESOLUTION NO ADOPTED: August 21, 2013 WASHINGTON SUBURBAN SANITARY COMMISSION SUBJECT: A RESOLUTION appointing Homer La Rue as the Labor Relations Administrator for the Washington Suburban Sanitary Commission. WHEREAS, pursuant to the Public Utilities Article, Section (b) of the Annotated Code of Maryland, the Washington Suburban Sanitary Commission and AFSCME, the current union for WSSC s Service, Labor and Trade Unit, are to jointly appoint an experienced neutral third party from a list of five nominees upon whom they have agreed to serve as the WSSC Labor Relations Administrator for a three year term; and WHEREAS, the Union and WSSC staff reviewed the qualifications of the nominees and agreed upon Homer La Rue; and WHEREAS, the Commission has reviewed the qualifications of Homer La Rue and agrees with his appointment as the Labor Relations Administrator. NOW BE IT RESOLVED, this 21st day of August 2013, that: 1. The Commission hereby confirms the appointment of Homer La Rue to serve as the Labor Relations Administrator for the Washington Suburban Sanitary Commission for a term beginning August 21, 2013 and ending on August 21, The Labor Relations Administrator shall be compensated by the parties on an hourly basis for services performed as required by Section et seq. A True Copy: Sheila R. Finlayson Corporate Secretary

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5 Present Occupation: Business Address: 5430 Lynx Lane #339 Columbia, MD Phone & Cell: (301) Fax: (443) HOMER C. La RUE, ESQ. DISPUTE RESOLUTION RESUME Arbitrator, Mediator, and Professor of Law Howard University School of Law since Teaching law since (preferred) PROFESSIONAL AFFILIATION: Member of the AAA Panel of Labor-Management Arbitrators CERTIFICATIONS: Law New York, Maryland, and District of Columbia 1974, 1992 and 1994 ARBITRATION/LABOR RELATIONS EXPERIENCE: Arbitrated and mediated cases involving such issues as: Absenteeism; Arbitrability; Conduct (Off- Duty)/Personal; Demotion; Discipline; (Non-Discharge); Discipline (Discharge); Discrimination (Age, Disability, Race; Sex; Religion; National Origin); Drug/Alcohol Offenses; Holidays; Insurance; Leave; Vacation; Health/ Hospitalization; Hiring Practices; Job Performance; Jurisdictional Dispute; Layoffs/Bumping/Recall; Management Rights; Official Time; Past Practices; Promotion; Retirement; Safety/Health Conditions; Seniority; Sexual Harassment; Subcontracting/Contracting Out; Tenure/Reappointment; Cost-of-living Pay; Holiday Pay; Incentive Pay; Job Classification Diverse industry experience includes: airlines; automotive; beverage; chemicals; clothing; communications; construction; education; electronics; food (manufacturing/ processing/service); government (local and federal); health care; hotels/motels; hospital/nursing home; maritime; nuclear energy; organizations; packaging; petroleum/petrochemicals; pharmaceuticals; plastics; police and fire; postal service; public utilities; transportation (bus and rail), and others. Served as a mediator in approximately 1,000 public sector labor negotiations while with the New York State Public Employment Relations Board. Conducted settlement conferences under the unfair labor practices provisions of the NYS Public Employment Relations Law. Directs the Alternative Dispute Resolution curriculum at Howard University School of Law in Washington, D.C.; founded and supervises the Law School s first ADR Clinic. Lectures extensively in mediation, arbitration and other forms of dispute resolution to a variety of business, labor, and bar groups including internationally. He serves as a technical advisor and trainer for the Commercial Law Development Program of the U.S. Dept. of Commerce on an ongoing project designed to assist in the development of a regional ADR system in Central and West Africa for the resolution of commercial disputes. As the Director of the New York State School of Industrial and Labor Relations Extension Division in New York City, he oversaw the development of labor-management training programs and developed programs to assist persons of color in becoming mediators and arbitrators in labor and non-labor disputes. Co-creator and designer of a JAMS-supported program to increase the diversity of mediators--access ADR.

6 Homer C. La Rue Dispute Resolution Resume SPECIAL HONORS AND MEMBERSHIPS Fellow, College of Labor and Employment Lawyers Member, American Bar Assoc. Section of Dispute Resolution, Section Chair, Aug Aug Member, National Academy of Arbitrators, Board of Governors, September 2011 Present Fellow, International Academy of Arbitrators Permanent arbitrator in a number of collective bargaining agreements including airlines and telecommunications Chair, Maryland State Labor Relations Board, Labor Relations Administrator for Montgomery County Fire & Rescue Collective Bargaining Law, 2011-Present Fellow, College of Commercial Arbitrators BACKGROUND EXPERIENCE Arbitrator / Mediator, Federal Mediation & Conciliation Service and American Arbitration Assoc., since 1983 Professor of Law, Howard University School of Law, since 1995 (teaching law since 1983) Associate Professor and Metropolitan Director, The Extension Division of the Cornell School of Industrial and Labor Relations, Regional Director-NYC, New York State Public Employment Relations Board, Assistant United States Attorney, Eastern District of NY (Civil Division of U.S. Attorney s Office), Assistant General Counsel, AFSCME, District Council 37 (NYC), EDUCATION M.I.L.R., Cornell University, School of Industrial and Labor Relations, 1975 J.D., Cornell University School of Law, 1974 B.A., Purdue University, 1970 PERMANENT PANELS (sample): Bell South Telecommunications, AT&T / CWA, District 3 AT& T Mobility/CWA, District 3 US Airways / CWA-IBT US Airways / IAM SAMHSA / NTEU US Airways, Inc. / CWA California State University / California Faculty Assn. Dominion Hope / United Gas Workers Union LABOR ARBITRATION & MEDIATION ROSTERS: Federal Mediation & Conciliation Service Mediator, Jurisdictional Disputes under AFL-CIO Con. National Mediation Board American Arbitration Association Office of Collective Bargaining, NYC 1-Dispute Resolution Resume-Revised 2013.doc Page 2 of 2

7 Homer C. La Rue ARBITRATOR MEDIATOR PROFESSOR OF LAW DISPUTE RESOLUTION FEES AND CHARGES PER DIEM FEE: $2000. CANCELLATION FEE: (See below) Grievance Arbitration: The fee is $2000 per day for each day of hearing or part thereof. A hearing day is eight (8) hours. Time for research and preparation of the award is charged at $2000 per day or part thereof. Labor Mediation: The fee is $2600 per day for each day of hearing or part thereof. A hearing day is eight (8) hours. Time for research and preparation of the award is charged at $2600 per day or part thereof. Cancellation Policy: If the scheduled hearing is postponed or cancelled with notice of fewer than thirty (30) calendar days, the per diem fee for each day of hearing scheduled shall be charged if another matter cannot be set to replace the date(s). To avoid the cancellation fee, the arbitrator must receive notice by 5:00 pm (ET) on the 30 th day before the scheduled arbitration. Notice may be made via , telephone, or facsimile. The cancellation fee for mediations will be established at the time of acceptance as the mediator. Travel Time: One day s per diem for travel is charged to and from the site of the arbitration. No travel-time is charged for reasonable travel-time to hearings and mediations within the Baltimore-Washington, D.C. metropolitan area. Travel time is computed on a portal-to-portal basis. Expenses: Ground Transportation: Mileage is charged at the applicable IRS expense rate. If the site of the arbitration or mediation is outside of the Baltimore-Washington metropolitan area, the Arbitrator/Mediator may, at his discretion, elect to use air transportation. Air Transportation: Fully refundable round-trip airline tickets will be purchased unless otherwise instructed by the parties. Business class accommodations will be used where it is deemed necessary. Other Expenses: The actual cost of reasonable expenses, including car rental, food and lodging will be charged. Under certain circumstances, shipping via overnight service will be necessary, and will be charged to the parties. Billing & Invoice: A detailed invoice of all charges is submitted with the award or at the close of the arbitration. An interim invoice will be issued following each day of hearing. If the matter is settled or otherwise withdrawn, a bill for services, reflecting charges and expenses incurred to the point of settlement or withdrawal, will be sent to the parties. Invoices are payable upon receipt. An appropriate invoice detailing time in mediation and in preparation for the mediation will be issued on an interim basis where multiple days are scheduled. BILLING & CORRESPONDENCE CONTACT INFORMATION Homer C. La Rue 5430 Lynx Lane #339 Columbia, MD Ph.: (301) and Cell Fax: (443) homerlaure641@gmail.com 2-Fees & Charges Statement_Revised 2013.doc