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 previously 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 was 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.
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.
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.
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.
Per Diem Fee of $1700.00 for labor matters. $1700.00 per day for hearing, research and writing of the award for:
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.
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.
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.
No charge for normal office expenses such as postage, copying and
No docketing charge for labor matters.
$400 per hour for Employment arbitration and mediation.
$400.00 per hour for time devoted to the matter, including:
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.
No charge for normal office expenses such as postage, copying and telephone.
$550 per hour for arbitration and mediation matters outside the United States. 8 hour minimum charge.
$550 per hour for time outside of the hearing, including:
Travel expenses as incurred. Parties must contact the office for complete international travel policy.
No charge for normal office expenses such as postage, copying and telephone.
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)
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)
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)
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)
Diverse Approaches to Alternative Dispute Resolution and Avoiding Cultural Assumptions
UiTM School of Law, Shah Alam, Malaysia.
Vertrauen und Trauma: Eine Beziehung Aufbauen,
Wagner Arbitration, Berlin, Germany.
If Not Me, Then Who and If Not Now, Then When: Perspectives on Pro Bono.
Sumpah Permuda School of Law, Palembang, Indonesia.
Veterans, National Guard, & Reserve in the Workforce – Issues for Labor and Management,
40th Annual Collective Bargaining and Arbitration Conference, Seattle, Washington.
Uniformed Servicemembers Employment & Reemployment Rights Act,
14th Annual Employee Benefits Symposium, Chicago, Illinois.
P.T.S.D. in the Rail Industry – Treatment Approaches,
National Association of Railroad Referees Annual Meeting, Chicago.
Access to Legal Services in Rural Communities
Consortium of Law School Veteran Clinics Conference, Washington D.C.
Veterans as Law Students: Lessons and Discussion
Law School Admissions Counselors Annual Meeting, Palm Springs, California.
Access to Justice for Rural Veterans,
American Association of Law Schools Clinical Conference, Denver, Colorado.