Jeff J. Minckler​​

Arbitrator & Factfinder

​​AGENCY/INDUSTRY EXPERIENCE​

Aerospace, airline, airport (operations, parking), ambulance, asphalt, cemetery, chemical, clerical, communications, construction, corrections and detention (federal, state and regional prisons, jail), custodial, education (K-12 and university, certified and classified), electrical (lineman, commercial), entertainment, federal chapters 43 and 75 discipline and removal, fire (firefighting, EMT, paramedic), food (cooks, bakers, counter), immigration, law enforcement (federal, state police/highway patrol, sheriff, police, dispatch), legal, manufacturing, maritime, medical (nursing, health care, laboratory), metal, National Guard, petroleum, printing, public works, railroad, road and bridge, security (federal, private sector), solid waste (hauling, transfer stations, landfill), technology, theatrical, transportation (public, school), trucking (OTR, LTL, maintenance), U.S. Military civilian employment, utilities, water and wastewater, wood products (logging, lumber, plywood, particle board, chip and resin hauling)

ISSUE EXPERIENCE
Alcohol and drugs (on and off-duty, reasonable suspicion, test manipulation), application falsification, arbitrability, assignments and reassignments, bidding, classification and pay, crew size, discipline and discharge/termination, dishonesty, due process, factfinding (advisory and binding), harassment and violence, insubordination, insurance, jurisdictional disputes, layoff, leave benefits and abuse, NLRB deferrals, off-duty conduct, overtime and premium pay, past practice, performance deficiency, policy implementation, profanity, public speech, reduction in force, representation rights, safety, seniority, sleeping on duty, training, wage and benefit comparisons

ROSTERS AND PANELS​

​AFGE & Social Security Administration

Alaska Labor Relations Agency

American Arbitration Association
California Employment Relations Board

Federal Mediation and Conciliation Service

​International Organization of Masters, Mates and Pilots

Los Angeles City Employee Relations Board

Los Angeles County Employee Relations Commission
Montana Board of Personnel Appeals

National Mediation Board (arbitration of Board deadlocks)

Nebraska Commission of Industrial Relations
Nevada Employee-Management Relations Board
Oregon Employment Relations Board
Phoenix City Employment Relations Board
Washington Employment Relations Board

EMPLOYMENT HISTORY

• Academic: University instructor (1972) - Research and case preparation.
  
• Labor: Representative and chief negotiator, AFL-CIO private sector local unions (1973-1974) - Representation in negotiations, grievances, arbitration and contested cases.
  
• Management: Specialist, Montana Labor Relations Bureau (1974-1977); Bureau Chief & Governor's Designee for Collective Bargaining (1977-1979) - Governor's labor relations advisor and director of all state labor relations functions including negotiations, grievances and arbitration, unfair labor practice and other contested case hearings; supervision of labor relations specialists and clerical support staff to deal with the state's 70+ bargaining units.
  
• Labor: Regional Manager and chief negotiator, Montana Public Employees Association (1979-1982) - Regional staff director and negotiator of the master contract for the state's largest public sector union (66 units); direct representation for 14 bargaining units in negotiations, grievances, arbitration, and contested case hearings.
  
• Management: Director of Labor Relations, Montana School Boards Association (1982-1986) - Representation in negotiations, grievances and arbitration; labor relations training and consultation; supervision of staff of labor relations specialists and clerical support to represent most of the state's 150+ organized school districts.
  
• Labor & Management: Private practice (1986-2011) - Representation of private and public sector management and union clients in negotiations, grievances and arbitration, and in contested cases before local boards and the National Labor Relations Board.
  
• Neutral: Arbitrator & Factfinder (2011-present) - Hearings and decisions for labor arbitration and advisory and binding factfinding cases; presentations before labor relations and arbitration organizations, and advanced discipline and discharge training for management and labor.

RELATED EDUCATION
University of Montana
Cornell University Graduate School of Industrial & Labor Relations
American Arbitration Association University
Arizona Attorney General and Supreme Court dispute resolution program
Federal Mediation and Conciliation Service Institute

Labor Arbitration Institute

​National Judicial College

MEMBERSHIPS

Association of Administrative Law Judiciary

Association for Conflict Resolution

State Bar of California, Labor and Employment Law Section

Labor and Employment Relations Association

​National Association of Hearing Officials

Oregon State Bar, Administrative Law Section

Washington State Bar Association, ADR Section

Various state and local labor relations and ADR associations

PRESENTATIONS & WRITINGS
Keynote addresses for private and public sector union and employer conventions
Section and panel presentations for state and national labor relations organizations

Articles for labor relations journals
Partial list of topics:
    Standards of Contract Interpretation

    Living Under At-will and Wrongful Discharge Statutes
    Affirmative Defenses in Arbitration

    Weingarten Rights and Responsibilities
    The Use of After-acquired Evidence in Arbitration
    Dissecting Just Cause
    Past Practice Application and Exceptions
    Public Speech Protections and Exceptions
    The Requirements of Due Process
    Garrity, Beckwith and Kalkines Rights and Warnings
    The Off-duty Nexus
    The Law of the Collective Bargaining Hiatus
    Tenured and Nontenured Teacher Dismissal and Nonrenewal
    Satisfying the Requirements of Due Diligence
    Fair Labor Standards Act in the Private and Public Sectors

    Management Rights: Fact or Fiction
    A Dozen Variations of Seniority
    Brady List Impact on Continuing Employment
    Attempting Crystal Clear Contracts
Advanced discipline and discharge course for employers and unions

Instructor of university labor arbitration course

Guest lecturer on arbitration practice and award updates