Personal Record
of
Mark Robertson Sherman
615 Forest Lake
Drive
University of Houston-Clear Lake
Seabrook, Texas
77587
2700 Bay Area Blvd., Box 299
(713)
326-1004
Houston, Texas 77058
(281) 283-3242
Education
July 1982
– Ph.D. (Management)
October 1988 Australian Graduate School of
Management
University of New South Wales
Kensington, NSW 2033, Australia
Title of
Dissertation:
Unfair Dismissal and Reinstatement: Australia's Most Active Systems
Relevant Courses:
Corporate Policy, Manpower Policy, Australian Labor Law,
Price Theory, Human Resource Management, Organizational Behavior
October 1979
– L.L.M. (Law)
September 1981 London School of Economics,
London, England
Relevant
Courses:
Individual Employment Law, Labor
Relations Law,
Industrial & Intellectual Property Law
October 1977
– L.L.B. (Law)
June 1979 University of Warwick,
Coventry, England
Relevant
Courses:
Corporate Law, Labor Law, European
Economic Community Law,
International Law, Industrial Relations
September 1975
– B.A. (Political Science)
June 1977 Duke University, Durham,
North Carolina
Relevant
Courses:
Economic Theories of Political
Behavior, Soviet Domestic Policies,
Demography, Comparative Latin American Politics,
Politics and the Environment
Professional Affiliations
Arbitration Panels:
Member, Federal Mediation and Conciliation Service, Labor Arbitration Panel
Member, American Arbitration Association, Labor Arbitration Panel
Member, United States Customs Service & National Treasury Employees, Arbitration Panel
Member, Tenessee Valley Authority & O.P.E.I.U., Permanent Arbitration Panel
Member, U.S. Postal Service & N.A.L.C., Regular Arbitration Panel
Member, Tinker Air Force Base & A.F.G.E., Regular and Expedited Arbitration Panels
Member, Georgia Pacific & P.A.C.E., Labor Arbitration Panel
Member, City of Houston & Houston Police Officers Union, Discipline Panel
Member, City of Houston & Houston Police Officers Union, Contract Panel
Member, U.S. Virgin Islands Public Employee Relations Commission, Arbitration Roster
Professional Associations:
President, ex officio, Labor and Employment Relations Association, (Houston Chapter)
Past-President, Member, Association for Conflict Resolution (Houston Area)
Member, National Academy of Arbitrators
Member, Labor and Employment Relations Association, (National)
Member, International Society for Labor Law and Social Security
Member, HR Houston
Member, Industrial Relations Association, Queensland, Australia Chapter
Mediation Panels:
Member, Employment Mediation Panel, American Arbitration Association
Member, U.S. Postal Service REDRESS Mediation Panel
Member, Mediation Research and Education Project, Grievance Mediation Panel
Member, Grievance Mediation Panel, Wyman Gordon Industries & I.A.M.A.W.
Factfinding Panels:
Member, State of Florida Public Employee Relations Commission, Special Master Roster
Member, U.S. Virgin Islands Public Employee Relations Commission, Commission Roster
Experience
August 1989
– Associate Professor, Management
Present University of Houston – Clear
Lake, Houston, Texas
Course
Responsibilities:
Employment Law, Industrial
Relations, Public-Sector Labor Relations,
International Business Management, Human Resource Management,
Government Personnel Management Systems, Individual Processes in Organizations,
Organizational Communication
May 1996 -
Visiting Associate Professor of Management
Present Bond University, Gold
Coast, Australia (May – August annually)
Course Responsibilities:
Industrial Relations, Collective Bargaining, Negotiation
August 1986 –
Visiting Assistant Professor, Management
August 1989 University of South Florida,
Tampa, Florida
Course
Responsibilities:
Employment Law, Industrial
Relations, Labor Relations Law, Personnel Management, Management Process,
Management Skill, Organizational Behavior
August 1982
– Lecturer , Industrial Relations
December 1985 University of New South Wales,
Sydney, Australia
Course
Responsibilities:
Industrial Relations, Industrial
Law, Manpower Policy, Comparative Dispute Resolution
January 1981
– Legal Counsel
May 1982 Free Representation Unit
Middle Temple, London, England
Responsibilities:
Case preparation and advocacy in
Industrial Tribunals on behalf of indigent applicants
September 1979
– Corporate Consultant and Legal Advisor
January 1982 Elmat Ltd.
32 Maida Vale, London, England
Responsibilities:
Advising and consulting in the areas
of personnel, tax and legal
affairs for a geo-technical firm and its sub-contractors
Book Reviews: Journals & Texts
Book Reviews Published in these Journals
Journal of Industrial Relations,
Australia
The Arbitration Journal
Industrial and Labor Relations Review
International Journal of Conflict Resolution
Publications
"Unfair Dismissal and the Remedy of Re-employment: Policy Insights from Australia's Most Active Systems." Journal of Industrial Relations, Australia, June 1989.
"Streamlined Mediation: Alternative to Litigating Discharge Disputes." The Arbitration Journal, Vol. 46, No. 1, March 1991.
"ADR For Fired Workers," Arbitration Times, April 1991, p.5.
Bexar County Hospital District and Elia Peres, Labor Arbitration in Government, Vol. 21, No. 4, April 1991.
"Positive Discipline and Labor Arbitration," with Al Lucia, The Arbitration Journal, Vol. 47, No. 2, June 1992.
"Job Application or Contract of Adhesion," Conditions of Work, International Labor Organization, Geneva, Switzerland, 1992.
City of Houston and Combined Law Enforcement Associations of Texas, Texas Police Star, Vol. 6, No. 4, December 1992.
"Resolving Employment Disputes: An Information and Resource Manual," with Brian Fleming, Published by the American Arbitration Association, Dallas Regional Office, 54 pages, June 1993.
Phillips 66 Company and International Brotherhood of Electrical Workers, BNA Labor Arbitration Reports, 101 LA, 1146, March 1994.
“Is There a Mediator in the House? Choosing & Using In-House Neutrals” Dispute Resolution Journal, Vol. 50, No. 2, April 1995
City of San Antonio and San Antonio Police Officers Association, Labor Arbitration in Government, Vol. 25, No. 2, February, 1995.
City of Lufkin and Combined Law Enforcement Agencies of Texas, Labor Arbitration in Government, Vol. 25, No. 10, October, 1995.
International Encyclopedia of Human Resource Management, Blackwell Publishers, 1996 (three entries contributed)
City of Houston and Houston Police Officers Association (Lt. Aguillar) BNA Labor Arbitration Reports, 104 LA 1211. (1997)
Fisher, Schoenfelt, and Shaw, Human Resource Management, 4th Edition. 1998 Houghton Mifflin Publishers. (Rewrite of Chapter 15, Collective Bargaining and Labor Relations )
City of Austin and Combined Law Enforcement Associations of Texas, Labor Arbitration in Government, Vol. 29, No. 10, October, 1999.
City of San Antonio and San Antonio Police Officers Association, Labor Arbitration in Government, Vol. 30, No. 8, August, 2000.
State of Florida & A.F.S.C.M.E., Council 79, Public Employees Relations Commission Website and Report, April 3, 2001 (High profile case involing civil service rights for 70,000 workers.)
“Mediation Hype and Hyperbole: How Much Should We Believe?” Dispute Resolution Journal, Vol. 53, No. 2, August 2003
“Five Signs that Mediation Might Not Work for Your Dispute.” Asian Dispute Resolution Journal, March 2004.
Papers And Presentations
"Sexual Harassment in the Australian Workplace: Some Insights from Recent Survey Data," Invited Paper for the Industrial Relations Research Workshop, AGSM, Sydney, Australia, August 1983.
"Union Support as a Factor in Re-employment of Unfairly Dismissed Workers," Paper delivered to Australian Bureau of Labor Market Research, Research Symposium, Sydney, Australia, March 1985.
"Women's Issues in Arbitration: Special Categories of Mitigating Factor," Invited paper for the American Arbitration Association Labor Relations Forum, Miami, Florida, October 1987.
"Future Legislative Challenges to the Employment-at-Will Doctrine: Lessons from the Operation of Foreign Systems," Proceedings of the Eight Regional Industrial Relations Conference, St. Petersburg, Florida, October 1987.
"Positive Discipline and Labor Arbitration: A Case Study," Proceedings of Ninth Regional Industrial Relations Conference, Baltimore, Maryland, October 1988.
"Job Application Forms: The Good, The Bad, and The Ugly," Proceedings of Association for Business Communication National Conference, Indianapolis, Indiana, October 1988.
"Putting Your Best Foot Forward in Arbitration: Making an Effective Opening Statement," Invited paper presented to the American Arbitration Association Advanced Advocacy Forum, Tampa, Florida, December 1988.
"Advocacy Guidelines for Special Master Proceedings," A handbook for the presentation of public-sector fact-finding cases, Public Employee Relations Commission, Tallahassee, Florida, May 1989.
"Applying Positive Discipline to American Industry: A Decade of Experience," Symposium and paper delivered to Southern Management Association Annual Meeting, New Orleans, Louisiana, November 1989.
"Investigating Discrimination and Harassment Allegations Before They Become Formal Charges," paper presented to Houston Personnel Association, May 1990.
"Participatory Opportunities: Why do Employees Withdraw?" with Max Elden, Jay Tombaugh, paper delivered to International Conference on Self-Directed Work Teams, Dallas, Texas, September 1990.
"Why Does the Republic of China Need Arbitrators," with Louis White, paper delivered to Southern Regional Industrial Relations Conference, Memphis, Tennessee, October 1990.
"The Obsolescence of American Labor Law: Two Perspectives," with Michael Wolfe, paper delivered to Southern Regional Industrial Relations Conference, Memphis, Tennessee, October 1990.
"Streamlined Employee/Employer Mediation Systems: An Idea Whose Time Has Come," paper delivered to Council on Employee Responsibilities and Rights, Orlando, Florida, November 1990.
"The Content of Job Application Forms: A Critical Appraisal," with Joyce Vincelette, paper delivered to Industrial Relations Research Association Annual National Meeting, Washington, D.C., December 1990.
"Using Alternative Dispute Resolution Processes for Dealing with Discrimination Complaints," paper presented to the Houston Human Resource Management Association, September 1991.
"Animating Industrial Relations Courses Through Field Research Assignments," paper presented to the 12th Annual Southern Regional Industrial Relations Research Association, Atlanta, Georgia, October 1991.
"Experimenting with Mediation of Individual Employment Disputes: From Fear to Favor," paper presented to the Forum for Research and Practice, Annual Conference of the Society for Professionals in Dispute Resolution, San Diego, California, October 1991.
"Making the Special Master Process More Effective," paper delivered to annual American Arbitration Association Public Employee Relation Commission Conference, Miami, Florida, May 1992.
"The Americans with Disabilities Act: Answers for Employers, Unions, and ADR Providers," panel presentation at the 2nd Biennial Dispute Resolution Conference, UHCL, Houston, Texas, August 1992.
"The Civil Rights Act and Americans with Disabilities Act: The Impact on ADR," panel presentation at the 2nd Biennial Dispute Resolution Conference, UHCL, Houston, Texas, August 1992.
"The Mediation of Individual Employment Disputes in Australia: Some Lessons for U.S. Managers," paper presentation at the 9th World Congress of the International Industrial Relations Association, Sydney, Australia, September 1992.
"Dispute Resolution Procedures in U.S. Public Employment," invited presentation to a visiting delegation of the Mayor of Monterey, Mexico, Houston, Texas, September 1992.
"Marketing Strategies for the Dispute Resolution Professional," panel presentation at the annual National Conference of the Society for Professionals in Dispute Resolution, Pittsburgh, Pennsylvania, October 1992.
"Sexual Harassment Mediation and Fact Finding," paper presentation at American Arbitration Association Dispute Resolution Day, Dallas, Texas, November 1992.
"The Impact of Arbitral Decision Making on Positive Discipline Systems: Emerging Issues," paper presentation to the 3rd Annual Labor Relationships Seminar, Dallas, Texas, November 1992.
"Positive Discipline and Managerial Response in a World of Hypotheticals," paper presentation to the 3rd Annual Labor Relations Seminar, Dallas, Texas, November 1992.
"Employer Right to Know v. Employee Right to Secrecy," panel presentation at monthly Bay Area Human Resource Management Association, Houston, Texas, December 1992.
"Promoting the Use of Mediation and Arbitration in the Resolution of Individual Employment Disputes," position paper prepared for the President of the American Arbitration Association, Tampa, Florida, December 1992.
"Grievance Mediation - A Modest Proposal," a training and orientation presentation to negotiation teams for AMOCO Oil and the Oil Chemical and Atomic Workers, Galveston, Texas, January 1993.
"Mediation in JP Courts," with Jim Barron, Handbook for Judges and Court Staff of Texas Justice of the Peace Court, District 8, Harris County, Texas, March 1993.
"Update on Labor and Employment Law," panel presentation at 1993 John Gray Institute Biennial Labor/Management Conference, Beaumont, Texas, July 1993.
"Public Sector Collective Bargaining - Past, Present, and Future," a panel presentation at the John Gray Institute Biennial Labor/Management Conference, July 1993.
"Creating Positive Change in Federal Sector Labor Relations," a panel presentation to the Federal Executive Board Labor Management Conference, Houston, Texas, July 1993.
"Grievance Mediation: Successes and Failures," panel presentation to the Industrial Relation Research Association, Houston, Texas, August 1993.
"The EEOC Mediation Pilot Project," panel discussion for the Bay Area Human Resource Management Association, Houston, Texas, September 1993.
"Mediation and the Special Master Process," paper presented to American Arbitration Association/Public Employee Relations Commission Annual Conference, Miami, Florida, October 1993.
"Ethical Issues in Dispute Resolution," paper presented to the 12th Annual Conference of the Society of Professionals in Dispute Resolution, Toronto, Canada, October 1993.
"Hypotheticals: Issues that May Arise During Arbitration Hearings Under Chapter 143 of the Texas Local Government Code," paper presentation to the Biennial Hearing Examiners update, American Arbitration Association, Dallas, Texas, December 1993.
"The FMCS Role in Institutionalizing Grievance Mediation," invited testimony before the Commission on the Future of Worker-Management Relations (The Dunlop Commission), Houston, Texas, February 1994.
"Arbitration and New Approaches to Industrial Discipline," a panel discussion at the Southwest Regional Annual Conference of the National Academy of Arbitrators, Dallas, Texas, March 1994.
"Grievance Mediation: A Practical Process with Theoretical Imperative," a paper presentation to the University of Arizona 29th Annual Labor/Management Conference, Tucson, Arizona, March 1994.
"Mediation and Employment Relations," a panel discussion to the Annual Conference of the Texas Association of Mediators, Austin, Texas, May 1994.
"Grievance Mediation: A (T)Rusty Wheel is Re-invented," a panel discussion at the quarterly meeting of the Society of Professionals in Dispute Resolution, Houston Chapter, Houston, Texas, April 1994.
"Making ADR Work for the Human Resource Professional," paper presentation to the Houston Leadership Forum, Houston, Texas, May 1994.
"So You Want to be A Labor Arbitrator," a panel presentation in conjunction with the 3rd Biennial Dispute Resolution Conference, Houston, Texas, 1994.
"Negotiation, Mediation, and Arbitration," a presentation before the National Association of Black Accountants, Houston Chapter, Houston, Texas, August 1994.
"Alternate Dispute Resolution: Mediation and Principled Partnerships in Government," a paper presented to the Annual Veterans Administration National Human Resources Conference, San Antonio, Texas, August 1994.
"Effective Behaviors in Negotiations," a panel discussion at the Annual International Conference of the Society of Professionals in Dispute Resolution, Dallas, Texas, October, 1994.
"Mediation and the Human Resource Professional," a presentation and mock mediation at the monthly meeting of the Bay Area Human Resource Management Association, Houston, Texas, November, 1994.
'Resolving Grievances without Arbitration," a presentation at the Annual Associate Directors Conference, Veterans Administration, San Antonio, Texas, December, 1994.
“Using Mediation to Resolve Disputes Between Employees,” presentation at the monthly meeting of the Galveston County Human Resource Management Association, Galveston, Texas, March, 1995.
“A Mediator’s View of the EEOC’s Mediation Pilot Project,” presentation for the Equal Employment Opportunity Commission’s Annual Technical Assistance Conference, Houston, Texas, May, 1995, and Galveston Texas July, 1995.
“Dispute Resolution Strategies in the Field of Industrial / Organizational Psychology,” presentation to the Houston Area Industrial / Organizational Psychologists, Houston, Texas, April 1996.
“The Americanization of Australian Industrial Relations,” paper delivered to the Business School Forum, Bond University, Gold Coast, Australia, July 1996
“Ten Reasons to Mediate your Employment Disputes,” presentation for the Equal Employment Opportunity Commission’s Annual Technical Assistance Conference, Beaumont, Texas, August, 1996.
“Grievance Mediation: A Primer for Shop Stewards and First Line Supervisors,” presentation made at the 4th Biennial Dispute Resolution Conference, University of Houston - Clear Lake, Houston, Texas, August 1996.
“The Dispute Resolution Section: Future Directions,” meeting chaired at the National Meeting of the Industrial Relations Research Association, New Orleans, Louisiana, January 1997.
“The Cutting Edge of ADR,” panel presentation for the joint meeting of the National Academy of Arbitrators and the Industrial Relations Research Association, Houston, Texas, March 1997.
“Mediation and the Four-Way Test,” presentation to the monthly meeting of the La Porte Rotary Club, La Porte, Texas, December, 1997.
“Gender and the Mediation of Labor Disputes,” panel presentation at the National Meeting of the Industrial Relations Research Association, Chicago, Illinois, January 1998.
“Current Issues in Labor Arbitration,” panel presentation at the Southwest Regional Meeting of the National Academy of Arbitrators, Houston, Texas, March 2000.
“The Advocates Role in Defining Just Cause,” panel presentation at the Southwest Regional Meeting of the National Academy of Arbitrators, Houston, Texas, March 2001.
“The Powers and Duties of Labor Arbitrators” presentation to Tallahassee Community College Arbitration Conference, Tallahassee, Florida, May 2001.
“Common Dilemmas for the Labor Arbitrator,” presentation to Tallahassee Community College Arbitration Conference, Tallahassee, Florida, May 2001.
“Harnessing Dispute Resolution Processes for Managing Human Resources,” Presentation to the Annual Conference of the Various Chemical Companies of Texas and Louisiana, Corpus Christi, Texas, October 2001.
“A Funny Thing Happened on the Way to the Hearing,” panel presentation at the Regional Meeting of the Industrial Relations Research Association, Houston Texas, December 2001.
“Ten Myths of Employment Mediation,” paper presentation to the Houston Bar Association, Labor and Employment Law Section, January 2002.
“Five Modest Proposals for Reducing the Cost of Arbitration” paper presentation at the Southwest Regional Meeting of the National Academy of Arbitrators, Dallas, Texas, March 2002.
“Dealing with the Dark Side: Understanding ‘Irrational’ Behaviors in Conflict Management” Invited Keynote Presentation to the 10th Annual Conference of the International Employment Relations Association, Broadbeach, Queensland, Australia, July 2002
“Sex and the Workplace: What’s Up with That!?” Panel discussion moderated at the Annual, Meeting of the Industrial Relations Reserch Association” Houston Chapter, March 2003
“Ask the Arbitrator” Panel discussion participant at the Annual, Meeting of the of the National Academy of Arbitrators, Southwest Regional Meeting, Houston, Texas, March 2003
Adapting the Thomas / Kilmann Conflict Mode Instrument to the Realities of 21st Centrury Labor Relations Paper given at the Annual, Meeting of the of the National Academy of Arbitrators, Southwest Regional Meeting, Houston, Texas, March 2004
“Making Reinstatement Work” Panel Discussion moderated at the National Academy of Arbitrators, Southwest Regional Meeting Regional Meeting, Dallas, TX, March 27, 2008.
“Resolving Grievances without Arbitration” Presentation at the National Academy of Arbitrators, Southwest Regional Meeting, Houston, TX, March 26, 2009
“Moving away from the Judge Judy and Executioner Approach to Labor Arbitration” Presentation with Kevin Wooten and Lori LaConta at the Southwest Regional Meeting Regional Meeting, Houston, TX, March 29, 2010
Works in Progress
“Making Reinstatement Work” research project in progress pursuant to panel discussion scheduled for NAA SW Reigional Meeting in Dallas March 28, 2008. To be followed by survey and second panel discussion at 2011 Regional Meeting.
“Seven Habits of Highly Ineffective Advocates” article in progress based on a paper given at the NAA SW Reigional Meeting in Dallas March 27, 2008.
“Adapting Thomas and Killman’s ‘Dual Concerns’ Model to the Realities of the New Millenium,” Journal article in progress for Negotiation Journal, expected date of submission Janaury, 2011.
"Modification of Discipline Imposed by Police Chiefs: Arbitral Intervention or Arbitrary Interference.? Journal article in progress for the Dispute Resolution Journal, expected date of submission February, 2011.
