In This Issue
 I am happy to be writing this after Hurricanes Florence and Michael made their way through North Carolina. We were prepared: we filled our cars with gas, charged our electronic devices and stocked up on water and other necessities. (After nine years in North Carolina, I am still trying to figure out why everyone feels compelled to buy milk and bread whenever a weather event is predicted.) We were fortunate, and Durham only experienced some heavy rain and wind. Our biggest problem was losing power for three days when a tree fell taking power lines with it.
Now that things are back to normal, I am counting down the days until San Francisco. I hope to see many of you at the 23rd Annual Induction Dinner. This year we will be welcoming 72 new inductees. The dinner is always a special night, not only for the new inductees, but also for current Fellows. It is the year's largest gathering of Fellows and an opportunity to get together with friends and colleagues from near and far who have devoted their careers to labor and employment law and share the same distinction – having been recognized as the best in our field by our peers.
A wonderful program has been planned for Saturday afternoon at the Hilton San Francisco: "Setting the Bar: The Elimination of Unprofessional Conduct Toward Women & Other Protected Classes of Lawyers." I encourage you to make time to attend what I know will be a fascinating program. With the #MeToo Movement dominating the news, it could not be more timely. Many thanks to Alan Berkowitz and Wendi Lazar for their hard work in planning this program.
As I read the program description, I thought back over my career and my experiences as a woman in the profession. When I started law school, slightly more than twenty percent of the first-year law students were women. While I expected to see that number grow over the course of my career, I never imagined that by 2016, the number of women in law school would outnumber men.
Since starting law school, I have seen many exciting developments with respect to women in the profession. I recall what a milestone it was when Sandra Day O'Connor became the first woman on the United States Supreme Court. I attended an event where Justice O'Connor spoke and something she said really resonated with me. Although I cannot remember her precise words, the gist of it was that it was not important that she was the first woman on the Supreme Court; what was important was that she not be the last. And, she was not. We are now fortunate to have three women who sit on the Court. Women have also ascended to other high-level positions in government, private practice, and industry.
I have had many personal successes and achievements throughout my career, including the honor of serving as president of the College. At the same time, I can come up with numerous stories, based on personal experience, observation, or stories I have heard, regarding implicit or explicit bias, unprofessional conduct, condescension, denied opportunities, and unequal treatment of women. The #MeToo Movement has brought many of the more egregious offenses to the forefront.
As members of the College we can each play a role in eliminating unprofessional conduct, not only toward women and other protected classes of lawyers, but toward all lawyers. While a stated purpose of the College is the "enhancement of civility and professionalism in the practice of labor and employment law," I urge you to take that further and to promote civility, professionalism, and equal opportunities to the practice of law in general. We should make it a goal to eliminate unprofessional conduct toward all members of the legal profession. For those coming to San Francisco, safe travels!
Lynne E. Deitch
President
Don't forget to RSVP to attend SETTING THE BAR: The Elimination of Unprofessional Conduct Toward Women & Other Protected Classes of Lawyers which will take place in San Francisco, during the ABA Labor & Employment Law Section's Annual CLE Conference. Seating is limited. Details are shown in the invitation below.
We are looking forward to seeing many of you at the College's 23rd Annual Induction Dinner on Saturday, November 10 in San Francisco at One Market. Seats are filling up for this event, and unfortunately, we have a maximum number of guests we're able to accommodate this year. As such, you are encouraged to rsvp by the November 1st deadline. In previous years, we've been able to seat those who have forgotten to rsvp on the night of the event. We will not be able to do that this year. A copy of the invitation can be found here. Please don't hesitate to contact Susan Wan if you have any questions.
Fellow, and Board of Governors member, Arlene Switzer Steinfield authored the following article which appeared in the Texas Jewish Post.
At Rosh Hashanah, Civil Discourse Is Alive And Well
During Rosh Hashanah, as I took stock of my actions over the past year, I couldn't help but think about how to make amends with those with whom I communicated in a less-than respectful manner. This took me to the question of how to change the narrative of dissent when there is so much animosity within the country and an apparent unwillingness among many to hear and appreciate what others are saying when they don't align with our beliefs.
A brief encounter with a Dallas police officer on Rosh Hashanah morning gave me renewed hope. We were leaving services at our temple as the next service was beginning. There were hundreds of people who were leaving and coming in at the same time. I overheard a Dallas police officer instruct his team members who were directing traffic to "shovel them in," referring to the congregants. Those surrounding me also heard the remark. Some gasped, some bristled, while other laughed nervously.
The vast majority of us immediately grasp the significance of this comment and the images it raises from the Holocaust. Especially for those who personally survived the Holocaust, have lost beloved family members to the Nazi regime, have family members or friends who are survivors or who currently work with survivors to make their final years more comfortable, it is an image that it is too hideously painful to recall.
I approached the officer privately, thanked him for his dedicated service to protect us during High Holy Day services and for all his hard work. I then told him that the phrase he used was difficult for us to hear, and explained why. I emphasized that I was sure he meant no harm. He could not have been more gracious. Before I could even finish, he told me that it was very insensitive on his part and he was truly sorry. The encounter probably lasted no more than four minutes, and we shook hands warmly.
This interchange could have turned into a very uncomfortable discussion with tempers flaring and harsh accusations. It is a vision that we see on the news day in and day out. But it was just the opposite. I genuinely appreciate the work our Dallas police officers do for us and the sacrifices they make, especially in locales that may have heightened security concerns, such as our synagogues. He appeared grateful for a gentle lesson in tolerance and understanding.
But most importantly, at a time when cruel sentiments and insults seem to be an acceptable form of dialogue and indeed encouraged in some circles, it was a refreshing moment of mutual respect and a demonstrated commitment to ensure the dignity of all. In recent years, civil discourse may have become passé to a number of citizens, including some of our government officials.
But that moment gave me a sense of optimism. The police officer listened in a most respectful tone and did not try to disclaim any responsibility, shift the blame to others, or accuse me of being oversensitive. I was mindful that he should not feel attacked, but rather appreciated for his service and dedication. This exchange gave each of us the opportunity to understand the other's viewpoint. So, I continue to have hope that civility and respect for the dignity of human kind is not a thing of the past and remains a moral imperative to which we must all continue to aspire. Rather than dividing us, our discussions must help us understand one another and set us on a better path.
Republished with permission of the Texas Jewish Post.
The College of Labor and Employment Lawyers and the ABA Section of Labor and Employment Law are pleased to announce the winner of the 2017-2018 Writing Competition for Law Students. A distinguished panel of attorneys from around the country reviewed over two on current and cutting-edge labor and employment law topics.
 Congratulations to Amanda Wilmsen, a third-year law student at New York University School of Law. Her winning paper is titled "A Fair Day's Pay: The Fair Labor Standards Act and Unpaid Internships at Non-Profit Organizations." Amanda decided to attend law school to become an advocate for the rights of workers and has pursued experiences in law school related to that goal. She has volunteered and interned with a variety of organizations and firms that fight for workers' rights, including Make the Road New York, the New York Legal Assistance Group, the Labor Bureau of the New York State Attorney General's Office, Eisner & Dictor, and Sanford Heisler Sharp. At NYU, she has been a Staff Editor of the Review of Law and Social Change, President of the Unemployment Action Center, and a board member of Law Students for Economic Justice and the Public Interest Law Students Association. She graduated cum laude from Pomona College in 2012 with a major in Anthropology and minors in Environmental Analysis and Spanish. In her free time, she reads novels and hangs out with her cat, Baz.
Although we haven't yet formally inducted members from the Class of 2018, the College is accepting nominations for the Class of 2019 now through Friday, February 1, 2019. The election of new Fellows is a very structured process and Fellows should make sure to submit completed and thorough packages. We are encouraging all Fellows to look across the table and nominate a worthy adversary, someone you consider to be civil and ethical in their professional behavior; someone who contributes to the profession through scholarship or mentoring.
Any Fellow who plans to nominate a candidate should review the instructions and related materials in their entirety. A link to the information on the College website is included below as well as the requisite forms that must be completed: Part A - Nominator Form and Part B - Nominee Form. If you are nominating a neutral, please use Part B - Neutral. If you are nominating a law professor, please use Part B – Law Professor. As always, don't hesitate to contact Susan Wan with any questions.
(http://laborandemploymentcollege.org/for-fellows/nominations)
The Annual Law Student Program for the 7th Circuit was again a smashing success for the seventh year. Led by Fellow Martin Malin, over twenty Fellows shared their time and expertise to engage with law students representing all but two of the fifteen law schools in the 7th Circuit. A Friday evening reception hosted by Cozen O'Conner provided an opportunity for students and Fellows to casually connect over drinks and appetizers. Saturday's all-day program, which was held at the offices of Winton & Strawn, focused on labor and employment laws in the workplace asking the tough question: Is the Law of the Workplace Drifting Rightward? Topics included private sector labor law in light of Epic Systems, Public Sector Labor Law in light of Janus and Privatization of Workplace justice including the continued expansion of arbitration. Also discussed were worker classification after the Dynamex decision; how recent developments in immigration laws affect the workplace and #MeToo, gender identification and religious exemptions.
Students enjoyed time with Fellows in small groups over lunch and, in the afternoon session, heard from a diverse panel of practitioners who talked about their practice area in the LEL field and shared advice on the do's and don'ts when applying for a job. Students expressed their appreciation at the end of the day, remarking that Fellows were "welcoming and easy to talk to," "inspiring" and "insightful" and appreciated the "variety of perspectives" that were discussed during the program.
Thanks to the following Fellows for their participation, either on a panel or at the reception or lunch : Margaret Angelucci, Gary Bailey, Chuck Baldwin, Howard Bernstein, Ted Clark, Don Cohen, Mike Cramer, Tamara Cummings, Josh Ditelberg, Lori Ecker, Dennis Favaro, Brenda Feis, Noah Finkel, Rich Gonzalez, Kathryn Hartrick, Jon Karmel, Marty Malin, Richard Marcus, Mike McAuley, Mark Olson, Judge Rebecca Pallmeyer, Brett Rawitz, John Roch, Rick Samson, Diana Soubly, Joe Tilson, Joe Torres and Sherrie Voyles.
If you are interested in organizing a similar program in your area, please contact Susan Wan.
• Fellow Peter Bennett (pictured right) of The Bennett Law Firm in Portland, ME was recently certified by the ABA Board of Elections as the Maine State Delegate to the ABA House of Delegates.
•Fellow Lawrence Casey, a Shareholder at Davis Malm & D'Agostine in Boston, MA, has been selected by his peers for inclusion of the 2018 Massachusetts Super Lawyers. for his practice in business, employment and litigation.
•Fellow Graham J. Clarkerecently presented a paper entitled "Procedurally Fair Administrative Tribunals: The Law Firm Model" at a Canadian Institute administrative law conference in Ottawa.
•Fellow David M. Cook was recently recognized in the 2018 Lawdragon 500 Plaintiff Employment Lawyers; and Ohio Superlawyers – 2019 – Labor and Employment.
• Fellow Harold Datz celebrated his recent 80th birthday by bicycling a century ride (100 miles) on September 3, 2018. He continues to teach labor law at Georgetown Law School and employment law at George Washington University Law School. Mr. Datz is a founding Governor and a past president of the College.
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• Fellow Paul Donnelly and Laura Gross have been named 2019 "Best Lawyers®" for 2019 for labor and employment law, and their firm Donnelly + Gross has been recognized among the 2019 "Best Law Firms" as ranked by US News and Best Lawyers®. The firm received four Tier 1 rankings in labor and employment law in the metropolitan area of Jacksonville, Florida (which includes North Central Florida).
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•Fellows Debra Katz, Lisa Banks and Dan Edelman, all from Katz, Marshall & Banks in Washington, DC, were honored as Best Lawyers by The Best Lawyers in America in its 2019 edition. The attorneys were awarded for their work in civil rights law, employment law – individuals, litigation – labor and employment, and qui tam law.
Fellows gathered in Detroit and Dallas to welcome and congratulate the College's newest members who will be inducted in San Francisco next month.
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Michigan Fellows from the Class of 2018 were welcomed at a reception on September 5th at the Varnum offices in Detroit. |
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Fellow Rod Tanner talked about regional activity in the 5th Circuit at the reception hosted by Dykema on October 3rd welcoming new Fellows from Texas. |
The College mourns the recent passing of Fellow Herbert C. Snyder, Jr.
 Herb Snyder (photo left), inducted as a Fellow in 1997, passed away peacefully on September 29th. He was 84 years old. Herb attended the University of Michigan Law School, earning his law degree in 1963. Subsequently he joined Barnes, Hickam, Pantzer & Boyd (Barnes & Thornburg) in Indianapolis and became a partner of the firm in 1971. Herb then served as partner in the Barnes & Thornburg law firm in Fort Wayne until his retirement in 1996, having contributed to the body of employment case law through several precedent-setting decisions. After his retirement, Herb served on the board of directors for Fort Wayne Philharmonic, and was their pro bono labor lawyer for over twenty years. He is survived by four daughters, three son-in-laws and ten grandchildren. In lieu of flowers, contributions can be made to Fort Wayne Philharmonic Orchestra, or The Literacy Alliance of Fort Wayne. A link to his obituary can be found here.
Members of the College strive to promote achievement, advancement and excellence in the practice of labor and employment law. Mr. Snyder distinguished himself as a leader in the field, and the College was proud to have been able to call him a Fellow.
Fellows are encouraged to include the College logo on their website. Please contact Susan Wan for a downloadable file or download the logo.
The College of Labor & Employment Lawyers
1997 Annapolis Exchange Parkway
Suite 300
Annapolis, MD 21401
(410) 972-4711 Telephone
(410) 972-4701 Fax
www.laborandemploymentcollege.org
The views expressed herein are not necessarily those of The College of Labor and Employment Lawyers, Inc.
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