Arbitrator Mediator Attorney
BRIAN CLAUSS

About

 

Brian Class

Arbitration and Mediation of Labor and Employment Disputes

Brian Clauss serves on numerous arbitration rosters and permanent arbitration panels. He began his legal career as a prosecutor in Cook County, Illinois and later represented Cook County in labor and employment matters. He is a member of the National Academy of Arbitrators and previoulsy served as the Chair for the Central Midwest Region.

Brian is also a frequent lecturer at local, national and international continuing legal education events. He has presented numerous training programs, webinars, and workshops for many groups, bar associations and organizations. Brian is a frequent author on a variety of legal topics. A complete listing of his recent publications can be found at the Lecturing & Publishing tab.

In addition to his dispute resolution practice, Brian is also the Executive Director of the Veterans Legal Support Center at the John Marshall Law School in Chicago – a pro bono legal clinic that provides assistance to veterans in VA benefit appeals. His civic and professional activities include: Labor & Employment Relations Association Board of Directors, Chicago chapter, North Suburban Bar Association Board of Directors, Lake Forest College Alumni Board, Lutheran General Hospital Oncology Advisory Board.


  • 2004 – present

    Arbitrator and Mediator

    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.

    • Admitted to the National Academy of Arbitrators.
    • Hundreds of arbitration awards issued.
    • Frequent author and lecturer on labor and employment topics.

  • 2008 – present

    Executive Director

    The John Marshall Law School Veterans Legal Support Center & Clinic. Executive Director of law school legal clinic that provides pro bono assistance to military veterans in VA benefit appeals. Frequent author and lecturer on issues related to military service and civilian law.

  • 1990 – 2004

    Assistant State’s Attorney

    Labor and Employment Unit: Defended Title VII, Section 1983 and ADA discrimination cases in state and federal court. Defense included settlement, discovery, motions, summary judgment, federal jury trials and post-trial motions and appeals.

    Represented Cook County in hundreds of labor arbitrations and employment matters before the Employee Appeals Board, Sheriff’s Merit Board, Administrative Review, Equal Employment Opportunity Commission, Illinois Department of Human Rights, and Illinois Labor Relations Board. Clients included the Sheriff, Cook County Hospital, Oak Forest Hospital, Clerk of the Circuit Court, and Assessor.

    Criminal Division: Prosecuted felonies in trial courts, Illinois Appellate Court and the Illinois Supreme Court.

  • Admitted
    to
    Practice

     

    • Illinois Supreme Court
    • United States District Court for the Northern District of Illinois
    • Federal Trial Bar

  • Foreign
    Languages

     

    German

Industries & Issues

    Industries:

  • Police and fire
  • Prison Guards
  • Administrative
  • Custodial
  • Construction
  • Dispatching
  • Distribution
  • Education
  • Federal
  • Sector
  • Health Care
  • Hospitals/Nursing Home
  • Landscaping
  • Manufacturing
  • Mental Health
  • Office Workers/Clerical
  • Power Generation
  • Prisons Guards
  • Public Sector
  • Road Building
  • Transportation
  • Trucking and Storage
  • Public Sector
  • Steel
  • Utilities
  • Warehousing
  • Mass Transit
  • Manufacturing
  • Food Processing

    Issues:

  • Public Sector Interest Arbitration
  • Federal Sector grievance arbitration
  • Arbitrability (substantive and procedural)
  • Bargaining Unit Work
  • Contract Interpretation
  • Discipline (discharge)
  • Discipline (non-discharge)
  • Discipline (off-duty conduct)
  • Discrimination (disability)
  • Discrimination (national origin)
  • Discrimination (race)
  • Hospitals/Nursing Home
  • Discrimination (gender)
  • Discrimination (orientation)
  • Discrimination (military duty)
  • Drug Testing
  • Fitness for Duty
  • Grievance Mediation
  • Hiring
  • Job Bidding/Posting

     

  • Job Performance
  • Layoffs/Bumping
  • Leave
  • Management Rights
  • Medical Leave/On-Duty and Off-Duty Injury
  • Military Leave
  • Minimum Staffing
  • Off-Duty Conduct
  • Past Practices
  • Promotion, Work Hours/ Schedules/ Assignments
  • Subcontracting/Contracting Out
  • Working Conditions/Orders
  • Violence or Threats
  • Wages and Hours
  • Protective Agreements
  • Non-Competition Agreements
  • Initial Contracts
  • Implementing Agreements

Rosters & Panels

Arbitration rosters include:

  • Federal Mediation and Conciliation Service
  • American Arbitration Association Labor Roster
  • American Arbitration Association Employment Panel
  • National Mediation Board
  • National Railroad Adjustment Board
  • Illinois Labor Relations Board
  • Illinois Educational Labor Relations Board
  • Illinois Department of Labor

Permanent panels include:

  • AFSCME & Chicago Public Schools
  • AFSCME & State of Illinois
  • Teamsters Local 700 & Cook County Sheriff
  • Fraternal Order of Police Labor Council & Cook County Sheriff
  • Fraternal Order of Police Labor Council & Cook County Forest Preserve District
  • Social Security Administration & AFGE
  • City of Chicago & Fraternal Order of Police Lodge 7
  • City of Chicago & PBPA – Chicago Sergeants
  • City of Chicago & PBPA – Chicago Lieutenants
  • City of Chicago & PBPA – Chicago Captains
  • City of Chicago & Teamsters Local 700
  • City of Chicago & SEIU
  • Chicago Public Schools & Chicago Teachers Union
  • Madison County & AFSCME
  • East St. Louis Police & Fraternal Order of Police Labor Council
  • East St. Louis Board of Education & Illinois Federation of Teachers
  • State Universities Civil Service System – Hearing Officer
  • Illinois State Board of Education – Hearing Officer

Fees for Labor & Employment Matters

Labor Fees:

Per Diem Fee of $1700.00 for labor matters. $1700.00 per day for hearing, research and writing of the award for:

  • Grievance Arbitration
  • Public Sector Interest Arbitration
  • Mediation
  • Factfinding

Mediation-Arbitration procedures, consolidated grievances, multiple grievances per day, and expedited grievance procedures are accommodated.
The office will gladly work with the parties to establish or implement procedures to increase efficiency and reduce costs.

Cancellation Policy:

30 days or less: Cancellations 30 days or less, but more than 15 days, prior to the hearing date are charged half the per diem fee.

15 days or less: Cancellations 15 days or less prior to the hearing date are charged the per diem.

Travel:

No charge for travel within the greater Chicago metropolitan area. Outside the greater Chicago metropolitan area: expenses as incurred and travel time at a prorated per diem. Mileage at the IRS rate.

Office Expenses:

No charge for normal office expenses such as postage, copying and telephone.
No docketing charge for labor matters.

Employment Fees:

$400 per hour for Employment arbitration and mediation.
$400.00 per hour for time devoted to the matter, including:

  • Scheduling
  • Pre-hearing Conferences
  • Discovery
  • Motions, Research, Hearing, Drafting and Writing of the Award

Travel:

Travel outside the Chicago metropolitan area is charged at the hourly rate. No charge for travel within the greater Chicago metropolitan area. Expenses as incurred and mileage at the IRS rate.

Office Expenses:

No charge for normal office expenses such as postage, copying and telephone.

Lecturing & Publishing

Brian is a frequent lecturer at local, national and international events.
He has presented numerous training programs, webinars, and workshops for many groups including:

  • American Arbitration Association
  • American Bar Association
  • Chicago Bar Association
  • Chicago Kent Law School
  • Decalogue Society
  • DePaul University Law School
  • Federal Mediation and Conciliation Service
  • Illinois Department of Employment Security
  • Illinois Department of Veterans Affairs
  • Illinois State Bar Association
  • Illinois Institute for Continuing Legal Education
  • Illinois Judges Association
  • John Marshall Law School
  • Labor Arbitration Institute
  • Labor and Employment Relations Association (National, Chicago, St. Louis and Seattle chapters)
  • Minnesota National Guard
  • National Academy of Arbitrators
  • National Association of Railroad Referees
  • North Suburban Bar Association
  • Northwest Suburban Bar Association
  • Northwestern University School of Psychiatry
  • Northwestern University Law School
  • Peoria County Bar Association
  • Southern Illinois University Law School
  • Vermillion County Bar Association
  • Wisconsin Employment Relations Commission
  • University of Chicago Law School
  • Dupage County Bar Association
  • Illinois Committee for Employer Support of the Guard and Reserve
  • Pre-Law Advisors National Council
  • Law School Admissions Council

Articles

National Guard, Reserve Members Face Issues When Returning Home, Chicago Daily Law Bulletin, (April 28, 2012)

Employees Called to Duty – the Employment and Re-Employment Rights of Our Returning Illinois National Guard Members, Illinois Institute for Continuing Legal Education, (2009)(with Jeanne Charles Wood)

When Employees are Called to Duty, Chicago Daily Law Bulletin, Volume 154, No. 215 (October 31, 2008) (with Joseph Butler)

National Guard and Reserve Activation and Return – The Current and Coming Issues in Labor Arbitration, The Chronicle, National Academy of Arbitrators, (September 2008)

Called to Duty in the National Guard and Reserve – an Overview of Federal and Illinois Laws, Illinois Municipal Review, Vol. 81 No. 3 (February, 2008) (with Margaret Riley Thomas and Lyndsey Kimber)

Called to Duty – Advising Your Client, The Young Lawyer, American Bar Association (January 2007)

Employees Called to Duty in the National Guard and Reserve – an Overview of the Applicable Federal and Illinois Laws, State Universities Civil Service System, Summer Quarterly (2006)

Res Judicata Implications of Police and Fire Commission Hearings, Illinois State Bar Association Labor and Employment Law Newsletter, Vol. 44 No. 3 (September 2006)

Employees Called to Military Duty – an Overview of Military Leave and the Service Member’s Rights, Illinois State Bar Association Labor and Employment Law Newsletter, Vol. 44 No. 5 (December, 2006)(with James Capparelli and Lyndsey Kimber)

Privatization of Public Educational Services: The Application of the Doctrine of Successorship in the No Child Left Behind Era, Illinois Public Employee Relations Report, Vol. 22 No. 4 (2005) (with Rochelle Gordon)

Books

Servicemembers and Veterans Rights, Lexis Nexis (2016)(with Stacey Rae Simcox, General Editors)

Servicemembers and Veterans Rights, Lexis Nexis (2013)(with Stacey Rae Simcox, General Editors)

Military Service and the Law, Illinois Institute for Continuing Legal Education (2009)(Joseph Butler and Brian Clauss, General Editors)

Law Review

Protecting Civilian Employment and Providing Healthcare to the Citizen Soldier, 45 The University of Memphis Law Review, 915 (2015)

National Guard and Reserve Service and the Increased Risk of Homeless for Rural Veterans, 13 Journal of Law in Society 405 (2012)

Book Chapters

Employment Rights in The American Bar Association Guide for Military Families, Random House Publishing (2013)

Uniformed Servicemembers Employment and Re-employment Rights Act, in Servicemembers and Veterans Rights, Lexis Nexis (2011)

Public Sector Employees, in The Labor Law Handbook, Illinois Institute for Continuing Legal Education, 2009 (with Steven Bierig, Michelle Camden and Jeanne Wood)

Called to Duty - Military Activation and the Impact on Labor Relations, in Proceedings of the 2008 Meeting of the National Academy of Arbitrators, Bureau of National Affairs (2009)

Off-Duty Conduct, in Managing Workplace Violence, American Bar Association, 2008 (with Steven M. Bierig and Michelle Camden)

Public Employees, in The Labor Law Handbook, Illinois Institute for Continuing Legal Education, 2006 Supplement (with Steven M. Bierig and Michelle Camden)

Contact the Office

310 Busse Highway, #291, Park Ridge, IL 60068-3215
847-692-6330

Labor and Employment Matters: clauss_scheduling@att.net

Invitations to publish, lecture or present: brianclauss@claussadr.com

Media Inquiries: hannah@11thstmedia.com or 312 560-1137