First Name: Initial: Last Name: Suffix: Arbitrator Since: Michael Capone Esq. 2011

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.

Panels/Permanent Arbitrator

American Arbitration Association Bombardier Transportation (USA) & International Brotherhood of Electrical Workers (IBEW) Federal Mediation and Conciliation Service Liberty Lines (Westchester County) & Transport Workers Union, Local 100 National Mediation Board National Railroad Adjustment Board (First, Third and Fourth Divisions) New Jersey State Board of Mediation New York State (NYS) Education Department §3020-a Panel New York City’s Office of Collective Bargaining - Register of Neutrals New York City Transit & Transport Workers Union, Local 100 - Expedited Arbitration Panel NYS Public Employment Relations Board (“PERB”) Voluntary Grievance Arbitration Panel Village of Freeport Police Department and Freeport P.B.A.

Issues/Industries

Issues: Absenteeism; Arbitrability; Bargaining Unit Work; Conduct (off-duty/personal); Seniority; 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; Benefits; Promotions; Retirement; Safety/Health; Sexual Harassment; Subcontracting/Contracting Out, Overtime Pay; Scheduling, Working Conditions; Job Classification; Workplace Violence, Social Media Policy. Industries: Education; Transportation; Railroads; Hospitals/Health Care; Police; Private Security; Corrections/Prisons; Energy/Refineries; Utilities; Aerospace Manufacturing; Airport Maintenance; Private Sector Manufacturing; Municipalities; Office Workers/Clerical; Communications; Television News Media; Food Services.

Work History

Labor Arbitrator/Mediator since 2011. 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, National Academy of Arbitrators 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 Essential Mediation Skills Training with the American Arbitration Association, 2016