Mr. David John Reilly, Esq.
Professional Work History:
David J. Reilly, Esq., Arbitrator & Mediator 07/06 - Present Medco Health Solutions, Inc. Senior Vice President - Labor Relations 07/95 - 06/06 Vice President - Employee Relations Counsel 06/91 - 07/95 Labor & Associate Counsel 05/87 - 06/91 Gibson, Dunn & Crutcher, Associate 04/85 - 05/87 Cahill, Gordon & Reindel, Associate 09/82 - 04/85
Dispute Resolution Experience
More than thirty-five years with extensive experience, first as an advocate and later as a full-time neutral, in labor and employment law and commercial disputes. As an arbitrator and mediator since 2006, have heard and/or mediated over a thousand cases involving a wide range of issues. In labor and employment law matters, issues addressed have included, among others: absenteeism; arbitrability; breach of contract; discrimination/harrassment/retaliation; employee benefit buyouts/contribution rates/eligibility; ERISA; FLSA; health/safety; incentive compensation; independent contractor status; job classifications; job performance; leaves of absence; management rights; MPPAA; overtime pay/distribution; past practice; pay rates; production standards; reductions-in-force; retirement benefit payouts; seniority; severance; sexual harassment; subcontracting; transfers/reassignments; reorganization; vacation; whistleblower; work assignments; work stoppages; and wrongful termination. In commercial matters, issues addressed have included, among others: breach of contract; breach of fiduciary duty; consumer fraud; derivative actions; corporate dissolution; foreclosure, professional malpractice; quantum meruit; subrogation of insurance claims; tortious interference with contract/economic advantage; trade secrets; and warranties.
This has included serving as an arbitrator or mediator in hundreds of cases involving a wide range of issues. Such issues have included, among others, the following: absence/leave, arbitrability, breach of contract, contract interpretation, demotions, disability, discipline/discharge, discrimination (under all federal statutes and corresponding state and local laws), ERISA, health/safety, incentive compensation, job classifications, management rights, overtime pay/distribution, past practice, pay rates, production standards, reductions-in-force, seniority, sexual harassment, subcontracting, transfers/reassignments, reorganization, vacation, work assignments, work stoppages and wrongful termination.
Listed on the following rosters of arbitrators/mediators:
American Arbitration Association (Arbitration - Labor, Employment and Employee Benefits/Pension; Mediation);
Cornell University, Scheinman Institute on Conflict Resolution (Arbitration, Mediation & Fact-Finding);
Equal Employment Opportunity Commission (Mediation);
Federal Executive Board Shared Neutrals Program;
Federal Mediation & Conciliation Service (Labor Arbitration);
FINRA (Arbitration & Mediation);
National Mediation Board (Arbitration);
NJ Public Employee Relations Commission (Labor Arbitration & Police/Fire Special Disciplinary Arbitration);
NJ Superior Court (Mediation);
NYC Office of Collective Bargaining (Labor Arbitration);
NY Public Employment Relations Board (Public & Private Arbitration and Mediation & Fact-Finding);
NY Supreme Court, Commercial Division, Queens and Suffolk Counties (Mediation); and
Nuclear Regulatory Commission.
Named as a panel arbitrator under a number of collective bargaining agreements, including:
Bituminous Coal Operators' Association/UMWA;
NYC Department of Education/United Federation of Teachers, Local (3020-a Arbitration Panel-2009-2010, 2013-2017, 2018-present);
SEIU Local 32BJ/Realty Advisory Board on Labor Relations, Inc.;
SEIU Local 32BJ/Allied Universal Security/ Securitas Security Services USA, Inc./Harvard Protection Services; and
SEIU Local 32BJ/Ramac Corp.;
Cornell University Dispute Resolution Training (Course titles and dates taken)
Cornell University, Scheinman Institute of Conflict Resolution - Advanced Certificate in Workplace Conflict Resolution
Other Dispute Resolution Training
American Arbitration Association - Various Arbitrator Training Programs;
Federal Executive Board Mediation Training;
FINRA - Basic Arbitrator Training;
FINRA - Basic Arbitrator & Chairperson Training
Hofstra University School of Law - 24-Hour Basic Mediation Skills Training (Transformative Model) and Advanced Transformative Mediation Training Sessions);
NYC Bar Association - Advanced Commercial Mediation Training (20 Hours);
NY State Bar Association, Labor & Employment Law Section, Arbitrator Mentoring Program;
NY Supreme Court Commercial Division, Queens County - 24-Hour Basic Mediation Skills Training and 8-Hour Advanced Skills Training; and
U.S. Nuclear Regulatory Commission Mediator Training
American Bar Association (ADR and Labor & Employment Law Sections, Committees: EEO, Employee Benefits, NLRA);
New York State Bar Association (Dispute Resolution and Labor & Employment Law Section);
New Jersey Bar Association (Dispute Resolution and Labor & Employment Law Section);
National Academy of Arbitrators (Member)
New Jersey Association of Professional Mediators;
New York City Bar Association (Labor & Employment Law Section);
Labor & Employment Relations Association (New York Chapter)
Association for Conflict Resolution (Workplace, Ombuds, Commercial and Court Sections);
New York State Dispute Resolution Association; and
New York University School of Law Center for Labor & Employment Law (Advisory Board Member)
New York University School of Law, J.D., Cum Laude, 1982
Siena College, B.A., Summa Cum Laude, 1979
Furnished upon request.
Labor Arbitration: $1,800 per day for each day of hearing and study time.
Employment Arbitration & Mediation: $400 per hour for all hearing and study time with 4-hour daily minimum for hearings.
Cancellation/Postponement Fee: $1,800 per day, unless notice is received 21 days in advance of each scheduled day.
Travel expenses: Billed if applicable.