First Name: Initial: Last Name: Suffix: Arbitrator Since: Dan McCray Esq. 2011

Arbitration/Mediation Experience

Labor relations professional with over 12 years of experience in contract administration, arbitration and collective bargaining matters, including: principles of contract interpretation; “just cause;” progressive discipline; mitigation of penalty; evidence and objections; salary and rates of pay; collective bargaining costing; seniority rights; layoff, bumping and recall rights; furloughs; contracting out; out-of-title and reverse out-of-title; overtime; hours of work; shift differential; longevity; involuntary shift changes, transfers and assignments; right to promotions; vacation, sick and other leave entitlements; health, dental, optical and welfare fund benefits; legal plans; class size; teacher program preferences; scheduling; sabbatical rights; involuntary assignment to non-teaching duties.

Panels/Permanent Arbitrator

American Arbitration Association Labor Arbitration Panel New York State Public Employment Relations Board Fact-Finding Panel New York State Public Employment Board Mediation Panel New York City Board of Education and United Federation of Teachers Group Size Permanent Arbitrator Nassau County and Civil Service Employees’ Association Local 830 Permanent Arbitrator New York City Office of Collective Bargaining Panel

Issues/Industries

Labor relations professional with over 12 years of experience in contract administration, arbitration and collective bargaining matters, including: principles of contract interpretation; “just cause;” progressive discipline; mitigation of penalty; evidence and objections; salary and rates of pay; collective bargaining costing; seniority rights; layoff, bumping and recall rights; furloughs; contracting out; out-of-title and reverse out-of-title; overtime; hours of work; shift differential; longevity; involuntary shift changes, transfers and assignments; right to promotions; vacation, sick and other leave entitlements; health, dental, optical and welfare fund benefits; legal plans; class size; teacher program preferences; scheduling; sabbatical rights; involuntary assignment to non-teaching duties.

Work History

Cornell University’s Industrial Labor Relations School -- Scheinman Institute Conflict Resolution and Labor Relations Practice Leader (February 2011-Present) Director, Labor Relations Programs Deputy Director, Scheinman Institute on Conflict Resolution Responsible for developing, administering and teaching Labor Relations, Collective Bargaining and Arbitration programs to union and management for Cornell ILR School’s Extension Division in New York City. Programs under direct responsibility consist of: •Labor Arbitration Advocacy: teaches the basic skills needed to be an effective labor arbitration advocate including, developing a theory of the case, opening statements, direct and cross-examination, evidence in arbitration and closing statements. •Labor Law: provides overview of National Labor Relations Act, including structure and operation of the NLRB, representation issues, concerted protected activity, unfair labor practices, strikes and lockouts and dispute resolution. •Contract Interpretation: covers principles of contract interpretation, past practice and arbitral decision-making process in contract interpretation cases. •Discipline: teaches principles related to “just cause,” including concepts of progressive, corrective discipline, burdens of proof, and appropriate penalty. •Increasing Effectiveness in Arbitration: covers the basics of arbitration, including strategy; preparing witnesses and documents for hearing; direct and cross examination; evidence, proof and objections; and opening and closing statements. •Scheinman on Evidence: practices the principles and rules of evidence applied in labor arbitration hearings, including weight versus admissibility, foundations, lay and expert opinion testimony, hearsay, best evidence, parole evidence and special issues in proof •Preparation for Collective Bargaining: practices developing a bargaining and negotiating strategy, including developing and prioritizing proposals; anticipating the proposals and priorities from the other side; costing; and coordinating bargaining team roles. •Effective Collective Bargaining: addresses the elements of an effective negotiating strategy, including how to present and respond to proposals, sequencing of offers, effective communications and strategies to bridge differences. •Interest-Based Bargaining: teaches the elements of using interests as opposed to positions to reach agreement in collective bargaining. •Collaborative Labor-Management Strategies: program for management and union team members on designing structures and procedures for cooperative relationships. •Conflict Resolution Programs: programs and systems for organizations on how to constructively manage conflict with employees, vendors, customers and other stakeholders. Chief Labor Strategist/Director of Labor Relations (April 2003 to February 2011) Responsible for developing and implementing labor and employee relations strategy for a variety of municipalities, including managing grievance and arbitration functions and conducting multi-party labor management collective bargaining negotiations. Municipal functions included public safety (police, corrections, probation, etc.), general public civilian employees, teachers, school administrators and other school system personnel. Senior Counsel NYC Board of Education (August 2001 to April 2003) Responsible for providing legal advice and counsel to school district superintendents on topics such as, special education, student discipline, contract and commercial disputes, employee discipline, collective bargaining interpretation, arbitration and labor-management relations. Also, continued role as Special Corporation Counsel for Special Education, which included representing the agency in class action and systemic cases involving students with disabilities. Managed relationship between unions, plaintiffs’ groups and agency officials. Assistant Corporation Counsel, New York City Law Department (June 1998 to August 2001) Latham & Watkins, New York Office, Associate (October 1995 to June 1998)

Education

New York University School of Law, J.D. 1995 Macalester College, B.A. 1991

Professional Affiliations