Recently I was involved in the
defense of a litigated matter. It was a particularly sensitive case,
emotionally charged on both sides, with little prospect of an amicable
resolution. Allegations included sexual harassment and wrongful
termination. There were multiple defendants and two insurance carriers,
both of whom were denying insurance coverage for most causes of actions in
the multi-count complaint.
Given the lack of agreement on virtually every issue, coupled with. the
rather inflammatory allegations in the complaint, an extended (and
expensive) trial of the case appeared inevitable. In a last ditch effort to
explore some common ground, the parties turned to mediator Joe H. Henderson.
There followed an all day mediation session.
Present were the plaintiff and her two lawyers, two attorneys
representing the several defendants and separate counsel representing each
of the two insurance interests.
Although the odds of achieving a consensus were rated by most of us at
less than 10 to 1, Mr. Henderson undertook marathon negotiating sessions,
shuttling between the parties throughout the day. Ultimately, the nearly
impossible was achieved - a resolution of all issues and the case settled.
Mr. Henderson's expertise enabled the parties to avoid both the hazards, and
substantial expense, of continuing the litigation process.
Sterling L. Hilen
Formerly General Counsel
Industrial Indemnity Insurance Companies
I represent the International
Association of Fire Fighters Local 1264. We recently completed a week and a
half long mediation with the City of Anchorage. The mediation proceeded to
interest arbitration and covered most of the important issues in our
collective bargaining agreement. The mediation was handled informally but
professionally. Under Mr. Henderson's leadership, we worked hard and
covered every outstanding issue. I believe that on every issue where
argreement was possible, agreement was reached. Joe Henderson understood
the issues immediately. He often proposed compromises that the parties had
not considered. He was able to speak frankly and directly to the parties
without seeming unprofessional and without the loss of his neutrality.
This was the first experience for both myself and my client with
Joe Henderson. It has been a positive one. Speaking for myself and for the
Fire Fighters bargaining team, we have grown to have confidence in Joe
Henderson's ability, his fairness, and his impartiality. We highly
recommend him.
Charles A. Dunnagan
Jermain, Dunnagan & Owens, P.C.
As a management representative
with almost thirty (30) years experience in the field of employee-management
relations, I would like to provide my assessment of Joe. H. Henderson,
Arbitrator.
Mr. Henderson was the Arbitrator in an interest
dispute between the County and its Sheriff s Deputies Bargaining Unit. The
dispute involved several issues, one of which was the issue of "ability to
pay." I believe this was the first case, or at least one of the first cases,
in which the issue of ability to pay had been raised by an employer in an
interest arbitration or fact-finding in Nevada. As a result of this and the
vastly diverging positions of the parties, the case not only carried a great
deal of significance, but it was extremely complex and difficult.
It was evident at both the hearing and from his well-written
comprehensive decision, that Mr. Henderson totally grasped the significant
amount of financial information that was presented to him by both parties
regarding the County's ability to pay. Although neither side was totally
successful in presenting its case, neither side could legitimately argue
against Mr. Henderson's decision and rationale for the decision.
I would highly recommend Mr. Henderson to either side in any form of
labor-management dispute resolution.
Howard Reynolds
Washoe County Assistant County Manager
Washoe County, Nevada
" Mr. Henderson is one of the
arbitrators whose name was selected for inclusion in the collective
bargaining agreement between the Los Angeles Unified School District and
United Teachers Los Angeles (UTLA) and in three separate bargaining
agreements between the District and SEIU, Local 99. As you may be aware,
arbitrators' names may be included into bargaining agreements only upon
mutual agreement among the District, the Union and the arbitrator. Since
adding Mr. Henderson's name to the agreements in 1983, he has been selected
by the parties to hear approximately forty (40) arbitrations, both
discipline and contract interpretation, involving both teachers and
classified employees.
Further, in 1983 the District and UTLA, as well as SEIU, mutually
agreed to select Mr. Henderson to act as their Factfinder concerning
negotiations issues over which the parties were at impasse. That year he
conducted three fact finding hearings. In 1992, Mr. Henderson was again
mutually selected as the Factfinder with UTLA and also served as Factfinder
for an issue involving the District and the LA County Building and
Construction Trades Council representing the District's skilled craft
employees.
As you can see, Mr. Henderson has a longstanding
professional relationship with this District and its various unions. Our
confidence in his ability to be a neutral in a variety of issues and in two
different but similar functions has resulted in the mutual agreement to
select him to assist the parties in reaching resolution to difficult
issues."
Shirley Woo
Assistant Superintendent of Schools (Retired)
Office of Staff relations
Los Angeles Unified School District
I want to take this
opportunity to thank you for your stellar work as a mediator this past week.
When I arrived at the site of the mediation, I was completely pessimistic
about the chance for resolution. Things began to deteriorate shortly
thereafter, but your firm yet reasonable approach kept the parties from
walking away.
We had a settlement four hours later, which was
almost miraculous. I have not seen a more skillful mediation in 25 years of
experience in this business.
Chris P. Andrian
Law Offices of Andrian & Gallenson
Santa Rosa, California
" We were impressed with your ability to
grasp the essential issues of the case quickly and work tirelessly to help
the parties to an agreement. We greatly appreciated your assistance in
resolving the case. "
Cynthia L. Remmers, Counsel for Defendants
Orrick Herrington & Sutcliffe, LLP
Thank you for the pivotal part
you played in the day-long mediation of this dispute. As you will recall,
my clients were claiming a prescriptive easement for the north end of their
semi-circular driveway and their front lawn. I appreciate that, while the
facts of the case were not difficult, the strong personalities on both sides
complicated your task.
Your combination of steadiness and optimism
overcame all obstacles to a settlement. Please know that you have my
clients' gratitude and mine for the splendid effort you made, and for the
solid results you produced.
Timothy J. Hannan
Attorney At Law
" I have appeared before Mr. Henderson in his capacity as an arbitrator on
several occasions and I am familiar with his reputation as a fair minded and
thoroughly competent hearing officer. Perhaps most importantly, this
reputation is shared by both management and labor representatives. "
Robert J. Henry, General Counsel
School & College Legal Services
Santa Rosa, California
" Mr. Henderson has a wealth of experience in dealing with relations between
management and labor, especially in the public sector over which PERB has jurisdiction.
Mr. Henderson's extensive experience as a neutral (arbitrator), extending
for more than twenty years, bodes well for his acceptability to both management
and labor.
As a practitioner in the field of public labor relations for more than thirty
years, I cannot think of anyone I would more heartily recommend. "
William E.Brown, President
Brown & Conradi, APLC
" I have had considerable experience in working with California school districts,
especially K-12 on labor issues. My role in serving the public and management
in labor disputes has given me the opportunity to know and work with Joe Henderson.
Joe serves as an arbitrator-mediator or, in other words, as a neutral on numerous
arbitrational issues in the public and the private sector He and I have
worked together on numerous K-12 labor disputes and I have found his
professional judgments, assistance and counsel always of the very highest
quality.
Joe has had the capability and respect to be selected and to provide services
as a neutral in over 1,000 arbitration cases in numerous states but most particularly
in California. He is acceptable to both labor and management and his special
ability in understanding the issues and responsibilities of both parties has served
both he and public education very well. "
Kenneth F. Hall, President
School Services of California, Inc.
" I represent a variety of labor
unions and individuals. One of my clients recently was involved in a
complex and emotional dispute with a local municipality. Although the
parties began in binding arbitration, they agreed to attempt mediation with
Mr. Henderson acting as the neutral. The relationship between the parties
was extremely strained and tense and the issue to be resolved was on of
long-standing duration. Nevertheless, working with the lawyers and their
principals, Mr. Henderson was able to resolve the matter in one long and
difficult day. His diligence and thoughtful ideas resulted in the
settlement, which could not have been achieved without his assistance. Both
parties were far better off with the negotiated agreement than they were
likely to be with an award. Mr. Henderson 's work as mediator in the case
was invaluable. I highly recommend him. "
Lynn Rossman Faris
Leonard, Carder, Nathan, Zuckerman, Ross, Chin & Remar
For information or consultation, call (707) 838-9910
or e-mail:
|
