Host Tom Godar welcomes to the show Husch Blackwell partner Jon Anderson for the second installment of a two-part conversation with Howard Bellman, a fixture in the world of dispute resolution for many decades who has helped to shape the procedures and fora associated with mediation and arbitration in Wisconsin and nationally.

In this episode, Tom and Jon build on their prior discussion with Howard, covering the role that mediation and arbitration plays in maintaining labor-management peace. The conversation explores the arbitrator’s point of view in the dispute resolution setting, and Howard provides signature perspectives on taking the temperature of the disputants and learning how to read a room, even when that room is virtual. Tom, Jon, and Howard then consider some best practices for the arbitration process, including the need to be clear in communicating with the arbitrator, to understand what the case is ultimately about, and to confront the weaknesses of your case. The group also discusses the value of written briefs and opening statements in the context of arbitrations, where arbitrators often have no real knowledge of the substance of the matter until the disputants present their cases.

The episode concludes with a brief summary of how the arbitration process has evolved as public policy has shifted repeatedly—particularly at the National Labor Relations Board—during the first quarter of the 21st century.

Be sure to catch this interesting discussion about the crucial role arbitration plays in maintaining accord between labor and management.

Host Tom Godar welcomes to the show Husch Blackwell partner Jon Anderson to help him lead a two-part conversation with Howard Bellman, a fixture in the world of dispute resolution for many decades who has helped to shape the procedures and fora associated with mediation and arbitration in Wisconsin and nationally.

In Part I, our conversation covers the broad contours of dispute resolution within the context of labor and employment law and focuses initially on dispute resolution mechanisms in connection with collective bargaining agreements. These proceedings can be advantageous for the parties involved, especially in the labor setting, due to their speed and ability to preserve labor-management peace, an important consideration within the CBA setting. The conversation then turns to specific arbitration language found in CBAs, providing some practical insights into drafting arbitration provisions and how those provisions are implemented in addressing grievances and resolving disputes.

Be sure to catch this interesting discussion about the crucial role arbitration plays in maintaining accord between labor and management.

Host Tom Godar welcomes back to the show Husch Blackwell attorney Mary-Ann Czak for the second installment of a two-part discussion on a recently published memorandum from William Cowen, Acting General Counsel of the National Labor Relations Board (NLRB). The memo sets forth guidelines for NLRB regions to use in approaching settlement agreements that urge NLRB personnel to “focus on pursuing foreseeable harms that are clearly caused by the unfair labor practice.”

In Part I of our show, Tom and Mary-Ann explore how the memo could lead to a reduction of the board’s pursuit of expansive make-whole remedies that had created significant dissatisfaction among management-side counsel.

In Part II, Tom and Mary-Ann discuss the possibility of seeing more non-admission clauses as part of settlement agreements under the current NLRB. The use of these clauses saw a sharp decline during the Biden administration as a matter of board policy; however, the Cowen memo seemingly rolls back this approach, providing the regions with ample latitude to incorporate non-admission clauses as they see fit.

Tom and Mary-Ann then consider the issue of non-admission clauses from a more holistic standpoint vis-à-vis the Cowen memo. They contend that the memo restores a level of discretion to the regions, while attempting to strike a more practical-minded balance in the enforcement of labor law violations.

The conversation then moves on to consider the NLRB’s 2022 Thryv case, which expanded available remedies under the National Labor Relations Act, and how Thryv might be approached by a newly constituted board.

Don’t miss this episode covering how NLRB policy could be changing regarding settlements.

Related Materials

National Labor Relations Board Office of the General Counsel. “Seeking Remedial Relief in Settlement Agreements,” Memorandum GC 25-06, May 16, 2025.

National Labor Relations Board Office of the General Counsel, “Full Remedies in Settlement Agreements,” Memorandum GC 21-07, September 15, 2021.

Thryv Inc. and International Brotherhood of Electrical Workers, Local 1269, case number 20-CA-250250, before the National Labor Relations Board.