Keith D. Greenberg
National Academy of Arbitrators
Fellows of the American Bar Foundation

During the COVID-19 pandemic, Mr. Greenberg is available for arbitration hearings and mediations via videoconference and teleconference, in addition to in-person proceedings where safe and appropriate.  Parties may jointly contact Mr. Greenberg for additional information.


For additional information regarding the use of videoconferencing for labor arbitration hearings, please click here.

Keith D. Greenberg is an arbitrator and mediator of private, public, and federal sector labor and employment disputes.  He is a member of the National Academy of Arbitrators.  He serves on a number of labor arbitration panels and rosters, including those maintained by the American Arbitration Association (AAA), the Federal Mediation and Conciliation Service, the Labor Relations Connection, and the National Mediation Board.  Mr. Greenberg also serves on permanent labor arbitration panels, including in the federal and public sectors, and has adjudicated disputes involving EEO and unfair labor practice complaints.  Mr. Greenberg is listed on employment arbitration panels maintained and administered by the CPR Institute.


Mr. Greenberg is an experienced mediator, serving as a member of the AAA’s roster of employment mediators and its panel of labor mediators.  He also serves on the rosters of employment mediators for the United States Office of Congressional Workplace Rights; the United States Equal Employment Opportunity Commission’s RESOLVE internal ADR program; the United States Nuclear Regulatory Commission Early ADR Mediation Panel; the Cornell University Roster of Dispute Resolution Neutrals; the CPR Institute; and as a mediator for labor and employment cases in various Maryland Circuit Courts.  


Mr. Greenberg has experience with videoconference arbitration and mediation proceedings and has served as a trainer for video arbitration and mediation programs sponsored by, among others, the National Academy of Arbitrators (NAA), the Labor and Employment Relations Association (LERA), and the American Bar Association (ABA)’s Section of Labor and Employment Law.  He serves as the Technology Coordinator for the NAA and as a member of the NAA’s Videoconferencing Task Force.  He is co-author of a chapter in Labor and Employment Arbitration (Gosline, Greenbaum, and Mayberry, Eds.) (Matthew Bender) on conducting video hearings.


Mr. Greenberg serves as Neutral Co-Chair of the Webinar Committee of the ABA’s Section of Labor and Employment Law and was elected a Fellow of the American Bar Foundation.  He serves as a Director of the NAA’s Research and Education Foundation.  Mr. Greenberg is a member of the Philadelphia and Maryland Chapters of LERA, and currently serves as First Vice President of Maryland LERA.  He currently serves on the Board of Directors for the Society of Federal Labor and Employee Relations Professionals (SFLERP) following service as an officer of its D.C. Chapter.  He served as Co-Chair of the Steering Committee of the D.C. Bar’s Labor and Employment Law Community from 2016 to 2018.  Mr. Greenberg is an active member of the National Association of Railroad Referees, and of the Cornell ILR Alumni Association.  He is a member of the Cuban American Bar Association and is fluent in Spanish.


Mr. Greenberg has spoken and presented on numerous topics, including the use of technology in labor arbitration, arbitrator ethics, attorney fees in federal sector labor arbitration, the intersection of arbitrator disclosure and social media, current developments in labor and employment arbitration, advanced topics related to the FMLA and the FLSA, workplace gaming, issues in private sector labor relations, and advocate preparation for labor arbitration hearings.  He contributes to a number of publications produced by the ABA’s Section of Labor and Employment Law, and writes frequently on labor and employment and alternative dispute resolution topics.  Mr. Greenberg co-taught a seminar on workplace ADR in the fall of 2013 at the George Washington University Law School, and has served as a guest lecturer in courses on labor relations.  


Mr. Greenberg spent several years in practice as an attorney in New York City in the labor and employment practice group of Duane Morris LLP prior to establishing his practice as a full-time neutral in the Washington, D.C. area.  He is a graduate of the Cornell University School of Industrial and Labor Relations and of the University of Michigan Law School.

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PROFESSIONAL AFFILIATIONS

  • Member, National Academy of Arbitrators
    (Technology Coordinator; Videoconferencing Task Force)
  • Board of Directors, National Academy of Arbitrators Research and Education Foundation
  • D.C. Bar Labor and Employment Law Community
    (Co-Chair, 2016-2018; Elected Steering Committee Member, 2015-2019)
  • Neutral Co-Chair, Webinar Committee, ABA Section of Labor and Employment Law 
  • Board of Directors, Society of Federal Labor and Employee Relations Professionals (SFLERP)
    (D.C. Chapter President, 2017 – 2018)
  • Fellow, American Bar Foundation
  • ABA Section of Dispute Resolution
    (Co-Chair of Employment Committee, 2016 – 2020)
  • National Association of Railroad Referees
  • Labor and Employment Relations Association (Maryland and Philadelphia Chapters)
    (First Vice President, Maryland Chapter)
  • Maryland Program for Mediator Excellence
  • Cornell ILR Alumni Association
  • Cuban American Bar Association
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PANELS AND ROSTERS

  • Roster of Arbitrators, Federal Mediation and Conciliation Service
  • Labor Arbitration and Labor Mediation Panels, and Employment Mediation Roster, American Arbitration Association
  • CPR Panels of Distinguished Neutrals (Employment Disputes, Mass Claims Employment, and at-Large ADR Panels)
  • Roster of Labor Arbitrators, The Labor Relations Connection
  • Roster of Labor Arbitrators, National Mediation Board 
  • Roster of Labor Arbitrators, District of Columbia Public Employee Relations Board
  • Rosters of Mediators and Hearing Examiners, District of Columbia Public Employee Relations Board
  • Roster of Labor Arbitrators, Pennsylvania Bureau of Mediation
  • Grievance Arbitration Panel, New Jersey Public Employment Relations Commission
  • Voluntary Grievance Arbitration Panels, New York State Public Employment Relations Board
  • Register of Neutrals, New York City Office of Collective Bargaining
  • Labor Arbitration Panel, New Jersey State Board of Mediation
  • Labor Arbitration Panel, Public Employees Relations Board, U.S. Virgin Islands
  • New York City Department of Education – United Federation of Teachers 3020-a Panel
  • United States Postal Service – American Postal Workers Union Regular Arbitration Panels
  • United States Postal Service – National Postal Mail Handlers Union Regular Arbitration Panel
  • National Archives and Records Administration – AFGE Council 260, Local 2578 Panel
  • Maryland Transit Administration – Amalgamated Transit Union Local 1300 Panel
  • United States Environmental Protection Agency – National Treasury Employees Union Panel
  • NSWC Indian Head Explosive Ordnance Disposal Technology Division – AFGE Local 1923 Panel
  • Prince George’s County Public Schools and ACE-AFSCME, Local 2250 Panel
  • Roster of Mediators, United States Office of Congressional Workplace Rights
  • Roster of Mediators, U.S. Equal Employment Opportunity Commission RESOLVE Internal ADR Program
  • Roster of Neutrals, Scheinman Institute on Conflict Resolution, Cornell University ILR School
  • United States Nuclear Regulatory Commission Early ADR Mediation Panel 
  • Roster of Court-Approved Mediators (Baltimore, Montgomery, and Howard Counties, Maryland Circuit Courts)
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SELECTED PUBLICATIONS

• Contributing Editor, The Developing Labor Law, Bloomberg BNA and Committee on Development of the Law Under the National Labor Relations Act, ABA Section of Labor and Employment Law (7th Edition; 2013 – 2019 Supplements to 6th and 7th Editions)

• Co-author, Conducting Video Hearings, in Labor and Employment Arbitration (Gosline, Greenbaum, and Mayberry, Eds.) (Matthew Bender)

• Contributor, The Fair Labor Standards Act, Bloomberg BNA and Federal Labor Standards Legislation Committee, ABA Section of Labor and Employment Law (2014 Supplement)

• Contributor, The Family and Medical Leave Act, Bloomberg BNA and Federal Labor Standards Legislation Committee, ABA Section of Labor and Employment Law (2014 Supplement)

• Contributing Author, FMLA Midwinter Meeting Report, ABA Section of Labor and Employment Law, Federal Labor Standards Legislation Committee, Subcommittee on the Family and Medical Leave Act (2012 – 2019, 2021)

• Contributing Author, FLSA Midwinter Meeting Report, ABA Section of Labor and Employment Law, Federal Labor Standards Legislation Committee, Subcommittee on the Fair Labor Standards Act (2013 – 2018, 2021)

• Author, Ethical Approaches to Dealing with Difficult People, Labor and Employment Law Newsletter, ABA Section of Labor and Employment Law, Winter 2019 (Volume 47, No. 2)

• Author, Clash of the Generations—Panel Discusses Managing Millennials in the Workforce, Labor and Employment Law Newsletter, ABA Section of Labor and Employment Law, Winter 2017 (Volume 45, No. 2)

• Author, NLRB Outlines New Arbitration Deferral Standards, Labor and Employment Law Newsletter, ABA Section of Labor and Employment Law, Summer 2015 (Volume 43, No. 4)

• Author, Battle Over Definitions Marks 2013–14 Court Term, Labor and Employment Law Newsletter, ABA Section of Labor and Employment Law, Winter 2015 (Volume 43, No. 2)

• Co-author, The Young Lawyer’s Guide to Preparing for Mediation, New Issues Regarding Neutral Disclosure and the Use of Technology in ADR, and ADR Rule Changes, ADR Roundtable, 2014 ABA Annual Meeting

• Co-author, Navigating the Murky Waters of Employment Waivers and Releases, New York State Bar Association Journal, February 2010

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SELECTED PRESENTATIONS
AND TRAININGS

• Panelist, “Reinventing Your Career as a New or Young Labor and Employment Lawyer in 2020,” ABA Section of Labor and Employment Law Webinar, September 10, 2020

• Panelist, “Virtual Labor Arbitration Hearings,” American Arbitration Association Webinar, August 21, 2020

• Featured Presenter, “Witnesses via Videoconference,” National Academy of Arbitrators Webinar, July 13, 2020

• Panelist, “Virtual ADR from A to Z,” Labor and Employment Relations Association Webinar, June 2, 2020

• Panelist, “Using Videoconferencing in Labor and Employment Arbitration and Mediation,” Joint Webinar by the National Academy of Arbitrators and ABA Section of Labor and Employment Law, May 7, 2020

• Panelist, “Navigating the COVID-19 Crisis as a New or Young Labor and Employment Attorney,” ABA Section of Labor and Employment Law Webinar, May 5, 2020

• Panelist, “Videoconferencing for Arbitrators,” Joint Webinar by the National Academy of Arbitrators and the Federal Mediation and Conciliation Service, April 2, 2020

• Panelist, “Problem Witnesses, Problem Advocates, Problem Arbitrators,” Successful Labor Arbitration Techniques 2019, American Arbitration Association, November 15, 2019

• Panelist, “How the Arbitrators Rule,” 40th FMCS Arbitration Symposium, May 10, 2019

• Moderator, “FLSA Exemptions after Encino Motorcars,” ABA Section of Labor and Employment Law CLE Webinar, April 10, 2019

• Moderator, “A Practical Guide to Arbitration,” ABA Section of Labor and Employment Law CLE Webinar, July 23, 2018

• Speaker, “Preparing for Labor Arbitration in the Federal Sector, with a Focus on the Hearing and Beyond,” Society of Federal Labor and Employee Relations Professionals (SFLERP) 45th Annual Symposium, May 17, 2018

• Speaker, “Ethical Obligations Regarding Social Media: The Next Legal Frontier,” ADR in Labor & Employment Law Committee Mid-Winter Meeting, ABA Section of Labor and Employment Law, February 11, 2018

• Panelist, “Meet the Arbitrators,” American Arbitration Association, Philadelphia, November 20, 2017

• Speaker, “Preparing for Labor Arbitration in the Federal Sector,” Society of Federal Labor and Employee Relations Professionals (SFLERP) 44th Annual Symposium, May 18, 2017

• Moderator, “Online Dispute Resolution in Labor and Employment: No Longer a Novelty – Ever the Norm?,” National Symposium on Technology in Labor and Employment Law, ABA Section of Labor and Employment Law, April 6, 2017

• Speaker, “Traditional Labor Law Issues Impacting Employment Practitioners,” Fairfax Bar Association Employment Law Section, November 2, 2016

• Panelist, “Preparing for Your First (or Hundredth) Labor Arbitration,” District of Columbia Bar Labor and Employment Law Section, September 29, 2016

• Panelist, “Ask the Arbitrators: Feedback on Referee Training,” National Association of Railroad Referees Annual Meeting, September 23, 2016

• Guest Lecturer, Labor Relations (HRMN 362), University of Maryland University College, May 4, 2016

• Speaker, “Attorney Fees in Federal Sector Arbitration,” Society of Federal Labor and Employee Relations Professionals (SFLERP) 43rd Annual Symposium, April 29, 2016

• Panelist, “Meet the Arbitrators,” Labor and Employment Relations Association – Maryland Chapter, February 24, 2016

• Moderator, “Beyond the Basics: Advanced Issues in FMLA Law,” ABA Section of Labor and Employment Law CLE Webinar, February 24, 2016

• Moderator, “D.C. Workers Compensation: What Labor and Employment Lawyers Need to Know,” District of Columbia Bar Labor and Employment Law Section, February 23, 2016

• Moderator, “Workplace Gambling: High Stakes Ethical Dilemmas,” ABA – Center for Professional Development CLE Webinar, October 20, 2015

• Panelist, “Current Developments in Labor and Employment Arbitration,” ADR in Labor & Employment Law Committee Mid-Winter Meeting, ABA Section of Labor and Employment Law, February 15, 2015

• Speaker, “ADR Professionals and Social Media – Considerations Regarding Disclosure,” Teleseminar, Association for Conflict Resolution – Workplace Section, January 23, 2015

• Speaker, “The Intersection of Arbitrator Disclosure and Social Media,” Labor and Employment Relations Association – Maryland Chapter, October 22, 2014

• Presenter, ADR Roundtable, 2014 ABA Annual Meeting

• Moderator, “Bargaining Without Budgets,” Federal Sector Labor and Employment Law Committee Mid-Winter Meeting, ABA Section of Labor and Employment Law, February 11, 2014

• Presenter, “Preparing for a Hearing,” District of Columbia Government Labor-Management Relations Conference, September 30, 2013

• Co-Instructor, Labor and Employment Arbitration and Mediation, The George Washington University Law School, Fall 2013

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CURRICULUM VITAE

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USING VIDEOCONFERENCING FOR
LABOR ARBITRATION HEARINGS

    Because of public safety concerns, in-person hearings have been disfavored or even impossible during the COVID-19 response.  As a result, parties have looked to videoconferencing as a tool to permit them to continue to resolve grievances and other workplace disputes through arbitration and mediation.  


    Below is a recording of a webinar developed by the National Academy of Arbitrators and the Federal Mediation and Conciliation Service (FMCS) on the use of videoconferencing for labor arbitration hearings.  Mr. Greenberg was one of the panelists for this program.

    If you would prefer to view the video directly on YouTube, it can be accessed here.  The PowerPoint slides for the presentation are available here.


    The (FMCS) has developed a guide to video labor arbitration hearings for labor and management advocates.  The guide can be found here.  The American Arbitration Association has developed a Panelist Resource Guide for Virtual Arbitration Hearings, which can be found here.


    In addition, the National Academy of Arbitrators has released an Advisory Opinion regarding the use of videoconferencing for labor arbitration hearings.  The Advisory Opinion can be found here


    The National Academy of Arbitrators has also issued a “Frequently Asked Questions About Videoconferencing for Arbitrators” document (“FAQs”) and other reference materials.  These materials are periodically updated and supplemented.  They can be found here.

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CONTACT

Mr. Greenberg may be reached at:

Telephone:

(301) 500-2149

Fax:

(240) 254-3535

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Mr. Greenberg works exclusively as a neutral, offering arbitration, mediation, and other neutral dispute resolution services.  Mr. Greenberg does not practice law.  Nothing contained herein is intended to offer legal advice, and no attorney-client relationship is formed through any exchange of correspondence related to this website or otherwise.


Mr. Greenberg is an active member in good standing of the bars of New York and New Jersey, and is an inactive member of the District of Columbia Bar.

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