NYC Office of Collective Bargaining
Resume of Neutral

First Name: Initial: Last Name: Suffix: Arbitrator Since:
Michael Capone Esq. 2010
 
Arbitration/Mediation Experience
Professional neutral concentrating in the arbitration and mediation of labor and employment disputes. Alternative dispute resolution including grievance arbitration, employment arbitration, mediation, facilitation and fact-finding. Extensive experience in arbitration with over 30 years in the labor field. (See Work History below) Served as a neutral for the PERB Private Sector Pro Bono Panel.

Essential Mediation Skills Training with the American Arbitration Association, 2016
 
Panels/Permanent Arbitrator
New York City Office of Collective Bargaining, American Arbitration Association, Public Employment Relations Board, New York City’s Department of Education & United Federation of Teachers §3020-a Panel, New York City Transit/Transport Workers Union, Local 100 Expedited Arbitration Panel, Federal Mediation & Conciliation Service, the New Jersey State Board of Mediation and on several Boards under the auspices of the National Mediation Board (NMB).
NMB: National Railroad Adjustment Board (First, Third, and Fourth Divisions), Kansas City Southern Railway & Trans. Communications Union (TCU), CSX & TCU)/Transport Workers Union, Long Island Rail Road & TCU/IAM, Metro-North Railroad & Association of Commuter Railroad Employees, New Jersey Transit (NJT) & International Brotherhood of Electrical Workers (IBEW), NJT & TCU/IAM, NJT & United Transportation Union, NJT & International Association of Machinists.
Private: Bombardier (USA) & IBEW, Liberty Lines & Transport Workers Union, Local 100, Village of Freeport Police Department and the Freeport P.B.A.
 
Issues/Industries
Absenteeism; Arbitrability; Bargaining Unit Work; Conduct (off-duty/personal); Demotion; Discipline (Discharge/Non-Discharge); Differentials; Race, Sex, Drug/Alcohol Offenses; Fringe Benefits; Bonus; Vacation; Holidays; Leaves; Grievance Mediation; Job Performance; Jurisdictional Disputes; Management Rights; Past Practice; Pension and Welfare Plans; Promotions; Retirement; Safety/Health; Seniority; Sexual Harassment;
Subcontracting/Contracting Out, Overtime Pay; Work Hours; Scheduling, Assignments; Working Conditions; Job Classification; Workplace Violence or Threats.

Education, Transportation, Railroads, Hospitals, Police and Fire, Airport Maintenance, Private Sector Manufacturing, Municipalities, Office Workers/Clerical, Communications.
 
Work History
MTA Long Island Rail Road and Long Island Bus (1987- 2011) Directed and managed grievance arbitration and contract negotiations at all levels for both agencies. Transport Workers Union Representative (Bus Operator) (1981-1987) Shop steward, executive board, and trustee positions. Represented bus operators in griev/discip hearings, conferences and arbitrations. Adviser to president: collective bargaining and contract interpretation.
 
Education
Touro College Jacob D. Fuchsberg Law Center, Huntington, NY. Juris Doctorate: May 1995 Honors: Academic Excellence Award. Activities: Alternative Dispute Resolution Club

State University of New York, Old Westbury, NY. B.A. Economics 1980. Honors: Academic Achievement Award, Dean's List
 
Professional Affiliations
Member, New York State Bar Association: Law and Employment Section; Labor Arbitration Committee, and Dispute Resolution Section

Member, Labor and Employment Relations Association (LERA) – New York City and Nassau County Chapters