John E. Sands

Arbitrator and Mediator
Philadelphia, Pennsylvania 19019

973-226-6620



Areas Of Practice

ADR
Business
Commercial
Contract
Discrimination
Employee Benefit Plans
Employment
ERISA
Labor
Sexual Harassment
Sports and Entertainment
Wage and Hour
Workplace

 
 



JOHN E. SANDS has done exclusively neural work since 1973, having been selected to arbitrate and mediate more than 4,000 cases. A leader of his profession, John has been President and a Govenor the College of Labor and Employment Lawyers and has chaired the labor and employment law sections of three associations.

Click the documents below for resumes in each of his areas of practice and for a detailed C.V.
Employment Resume
Labor-Management Resume
Commercial Resume
Detailed C.V.
ARBITRATION
Employment
Employment arbitrations usually involve statutory or common law issues and individual claimants, although multiple claimants and class actions can occur. They can involve litigated issues as varied as claims of unlawful discrimination, sexual harassment, wrongful discharge, employment contracts, employee benefits, ERISA claims, withdrawal liability, and any of the myriad disputes that can arise between employers and employees. These cases can come to arbitration as a result of prospective agreements to arbitrate future disputes, ad hoc agreements to arbitrate an existing dispute, or employer-imposed conditions of employment. In all cases the agreement or program will specify issues subject to arbitration as well as procedures for designating the arbitrator and for conducting the arbitration. The arbitrator will decide disputed issues of fact, determine disputed issues of law or rules, and apply the law to the facts to produce a decision on the questions submitted to his or her arbitral jurisdiction that will be subject to enforcement, modification, or vacatur in accordance with applicable law.
Standard form Agreement for Arbitration Services
Labor-Management
Labor-management arbitrations usually arise under the grievance and arbitration procedures of collective bargaining agreements between employers and unions representing defined units of employees. The arbitration agreement will specify the issues subject to arbitration and the procedures for designating the arbitrator and for conducting the arbitration. The arbitrator will decide disputed issues of fact, determine disputed contract issues, and apply the contract to the facts to produce a decision on the questions submitted to his or her arbitral jurisdiction that will be subject to enforcement, modification, or vacatur in accordance with applicable law. The parties to labor-management arbitrations are the employer and the union, which represents the interests of either an individual grievant, groups of similarly situated grievants, or an entire bargaining unit. Covered issues usually involve interpretation and application of existing collective bargaining agreement terms, which can incorporate statutory issues as well. Occasionally labor-management parties at impasse in negotiating terms of new or successor collective bargaining agreements will submit determination of those terms to arbitral determination, a process called interest arbitration. Interest arbitrations most often occur in public sector essential services pursuant to statutory schemes, but private sector parties can use this process as well by voluntary agreement. Arbitration agreements often specify the rules of a particular organization or agency like the American Arbitration Association or Federal Mediation and Conciliation Service to govern arbitrator selection, but some designate named individuals or rotating panels of named individuals.
Employee Benefit, ERISA, Withdrawal Liability, and Trustee Deadlock
These issues arise under contracts of employment, employee benefit plan documents, or statutes. They can involve determination of individual claims for benefits, appeals of claim denials, employer obligations under plans, plan administration disputes, and settlor issues. The employment contracts, plan documents, and statutes at issue will specify the procedures for arbitration selection, case management, and conduct of the proceeding. Withdrawal liability and trustee deadlock are specialized proceedings governed by statutes. The Multiemployer Pension Plan Amendments Act of 1980 (“MPPAA”) requires employers who withdraw from a Taft-Hartley multi-employer pension fund to pay their proportional share of the fund’s unfunded vested benefit liability and establishes an arbitration procedure for determining disputes under specified provisions of the Act. Section 302 of the Labor-Management Relations Act of 1947 establishes the ground rules for jointly-administered labor-management employee benefit funds and requires fund documents to provide an arbitration procedure to resolve trustee deadlocks. That procedure essentially casts the arbitrator as a tie-breaking trustee to vote on the deadlocked resolution.
"Med-Arb"
Med-Arb is a non-traditional ADR process in which disputing parties retain the med-arb provider to mediate specified issue(s) and, if mediation fails to resolve any or all issues, to arbitrate the remaining issues. It requires trust that, if mediation efforts fail, the arbitrator can decide the issues on the arbitration record without considering or being influenced by ex parte information learned in the mediation process. Power-to-decide increases the mediator’s persuasive authority but must be exercised with great care to avoid the appearance of pre-judgment or unfair bullying.
Standard Form Agreement for Med-Arb Services
425 Eagle Rock Avenue
Roseland, NJ 07068

Phone: 973-226-6620
Fax:     973-226-6553
Email: [email protected]