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 (NAA), and serves on its Board of Governors. 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 (FMCS), 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 regularly adjudicates 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 NAA, the FMCS, the Labor and Employment Relations Association (LERA), the AAA, and the American Bar Association (ABA)’s Section of Labor and Employment Law. He serves as the Technology Coordinator for the NAA and is co-author of a chapter in Labor and Employment Arbitration (Bornstein, Gosline, Greenbaum, and Mayberry, Eds.) (Matthew Bender) on conducting video hearings.
Mr. Greenberg serves as a member of the NAA’s Board of Governors. He is the 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 Maryland, Philadelphia, and Virginia Chapters of LERA, and currently serves as President of Maryland LERA. He currently serves as 2nd Vice President for the Society of Federal Labor and Employee Relations Professionals (SFLERP) following service on its Board of Directors. 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 ADR, arbitrator ethics, issues arising in federal sector labor arbitration, 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 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.
• 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 (Bornstein, 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
• Presenter, “Contract Interpretation in Labor Arbitration,” NYC Office of Collective Bargaining, January 24, 2022
• Moderator, “The Future of Virtual Hearings,” Joint Webinar by the National Academy of Arbitrators, ABA Section of Labor and Employment Law, and Association of Labor Relations Agencies, August 19, 2021
• Panelist, “Labor-Management Relationships,” LERA – Virginia Chapter, May 19, 2021
• Program Faculty, “Federal Sector: Arbitration – Law and Practice,” 41st FMCS Arbitration Symposium, May 6, 2021
• 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
During the COVID-19 pandemic, parties have looked to videoconferencing as a tool to permit them to continue to resolve grievances and other workplace disputes through arbitration and mediation when in-person hearings are not feasible for some or all participants.
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.
Mr. Greenberg may be reached at:
Email: kdgreenberg@laborarbitration.com
Telephone: (301) 500-2149
Facsimile: (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.
