Customer Service Maintenance

James G. Albano

**** ****** **.

Leawood, KS ****6

Phone: 913-***-****

Email: *********@*******.***

SUMMARY

Assistant vice president, senior negotiator, chief

spokesperson, licensed attorney, and member national

(multi-employer) bargaining team with progressively

responsible career track drafting, negotiating, and

administering multiple collective bargaining agreements;

drafting arbitration briefs and representing management

before public law and other adjudication boards; drafting

and administration of employee discipline and HR policies;

managing subordinate staff; coaching and counseling human

resource, managers, and executives in regard to CBA

interpretation, grievance procedure administration,

internal investigation, disciplinary hearings, performance

reviews, ADA, ADEA, EEO, FELA, FLRA, FLSA, FMCS, FMLA,

NLRA, RLA, Executive Orders, and other employee relations

matters. Successfully represented clients in commercial

contracts litigation and employment discrimination cases,

including Title VII and ADA, state administrative review

boards, workers' compensation, FELA (personal injury)

defense, etc. Excellent oral and written communication

skills, training, negotiation, mediation, alternative

dispute resolution (ADR), advocacy, problem-solving, and

conflict resolution skills. Expert in securing consensus

among executives, managers, and employees to meet business

goals through risk mitigation, cost avoidance, CBA, and

legal compliance.

EDUCATION

1991 Creighton University School of Law

Omaha, Nebraska

Juris Doctorate

1982 Ball State University

Muncie, Indiana

Graduate training, Counseling and Educational Psychology

18 semester hours completed/60 hour master's program

1979 Ohio State University

Columbus, Ohio

B.S. of Education (Social Studies)

AFFILIATIONS

Nebraska State Bar Association, Attorney #19494

National Railroad Adjustment Board (1999 - 2003; 2005-2011)

National Carrier's Conference Committee (2009-2011)

EXPERIENCE

November 2008 Kansas City Southern Railway (Kansas City Southern de

Mexico)

to January 2011 Kansas City, Missouri

Assistant Vice President Labor Relations (Salary:

$148,000/year plus bonus)

Managed and mentored subordinate staff, human resource, and

administrative staff. Personally negotiated effects and

operating bargaining agreements relocating customer service

operations from Shreveport, Louisiana to Kansas City,

Missouri; negotiated employee protective condition

transactions and effects bargaining providing for

consolidated terminals, employee relocation, train

operations, and signal subcontracting over KCS' Rosenberg,

Texas (Tex-Mex) rail line; negotiated critical train

dispatching office relocation and operational cutover.

Functioned as first-chair advocate in multiple arbitral

forums, favorably resolving scores of disputes. Maintained

direct day-to-day involvement in critical local matters,

negotiating advantageous resolutions of

production/maintenance subcontracting disputes. Provided

counsel, direction, and due diligence in acquisition and

spin-off (federally regulated employee-protective matters).

Timely intervened in the legal arena as necessary to

protect operations against concerted activity. As member

of national (multi-employer) bargaining team, participated

in current round national negotiations; developed an

extensive network of industry and government contacts and

relations. Experienced with international organizations

and cross-border collective bargaining issues.

November 2006 Kansas City Southern Railway

to November 2008 Kansas City, Missouri

General Director Labor Relations

Primary jurisdiction over BMWE/Teamsters (maintenance of

way); BRS (signalmen); TCU (clerks); IAM (machinists); IBEW

(electricians); BRC (carmen), and others totaling

approximately 1000 employees. Negotiated and implemented

CBAs allowing production/maintenance gangs to cross CBA

boundaries. Developed and implemented plant closing and

employee relocation strategies; negotiated and administered

severance agreements (headcount reduction) in Kansas City,

Missouri and Shreveport, Louisiana. Consolidated

mechanical facilities at Corinth, Mississippi involving

employees represented by multiple unions. Negotiated

favorable settlements of production/maintenance

subcontracting disputes resulting in cost avoidance of

millions. Successfully arbitrated more than 60 out-of-

service cases, returning only several employees to service

without significant backpay. Participated in the

negotiation and favorable resolution of critical health and

welfare benefit administration dispute.

June 2005 to Kansas City Southern Railway

November 2006 Kansas City, Missouri

Director Labor Relations

Primary jurisdiction over railroad domestic CBAs. See

above. Handled day-to-day grievance and contract

administration. Assisted in the drafting of a consistently

administered discipline policy, resulting in favorable

resolutions of discipline disputes and reduction of

employment discrimination claims. Drafted and personally

administered employee FMLA policy resulting in regulatory

compliance, reduction of lawsuits, and improved

administrative processing. Negotiated numerous CBA's

providing for system-wide use of maintenance employees to

enhance employee utility and production across CBA

boundaries. Negotiated drug and alcohol bypass and

companion agreements predicated on CFR provisions, allowing

for employee rehabilitation and conditional reemployment.

Negotiated the closing of mechanical facilities at East St.

Louis, IL and the subcontracting of work performed at those

facilities. Coached and counseled HR, managers, and

executives in regard to employee physical and/or

performance qualifications relative to EEO, FMLA, ADA, and

ADEA risk mitigation. Drafted and/or edited job

descriptions for internet-based recruitment and hiring

processes. Successfully arbitrated discipline disputes

without significant payout.

March 2003 Johnson Thompson LLP

to June 2005 Omaha, Nebraska

Staff Attorney

General practice including commercial contracts litigation,

employment law, Native American law, arbitration, and

alternative dispute resolution. Lead attorney in

successfully resolving gaming commercial contract

litigation, saving client approximately $1.2 million.

Provided counsel to many clients on employment matters

including wrongful discharge, ADA, ADEA, OWBPA, state and

federal administrative review board actions; unemployment

hearings; workers' compensation (including settlements

ranging beyond $40K); EEO, AAP, etc. Prepared arbitration

briefs for client, former employer Union Pacific Railroad.

2001 to Union Pacific Railroad Company

March 2003 Omaha, Nebraska

Director Labor Relations

Held primary CBA jurisdiction over operating crafts on the

former Chicago & North Western Railway (UP/C&NW property)

including UTU (train/yard) and BLET (engineers); Negotiated

(first chair/spokesperson) numerous collective bargaining

agreements including work/rest, rail yard remote control

operations (RCO); interdivisional service agreements, etc.

Served as primary labor relations representative to UP's

"redeployment" (due diligence) team, assessing labor

impact, risk analysis, and execution of Surface

Transportation Board (STB) governed rail abandonments, line

sales and leases, trackage rights, short-line, haulage, and

other third-party transactions. Served as primary labor

relations representative to UP/DOT-FRA/Union collaborative

SACP (Safety Assurance and Compliance Program),

implementing a team approach to rail safety via goal-

directed safety program development.

1999 to 2001 Union Pacific Railroad Company

Omaha, Nebraska

Director Labor Relations-Discipline Administration

As Director of Discipline Administration (operating crafts

UTU and BLE, with system-wide jurisdiction); led staff and

directed day-to-day handling of employee discipline matters

and grievance handling perfected to arbitration; appointed

carrier member (lead advocate) to the First Division of

the National Railroad Adjustment Board (NRAB).

1996 to 1999 Union Pacific Railroad Company

Omaha, Nebraska

Asst. Director Labor Relations

Grievance investigation and resolution, brief writing and

advocacy, with day-to-day CBA administration (operating

crafts UTU and BLE) over the former Southern Pacific

Railroad property.

1995 to 1996 Iowa Western University

Council Bluffs, Iowa

Adjunct Faculty Instructor (part time)

Legal Research and Writing, Employment Law, and Business

Law Instructor

Adjunct faculty appointment in addition to full time

position at Union Pacific.

1991 to 1996 Union Pacific Railroad Company

Omaha, Nebraska

Manager Labor Relations

Preparation of grievance responses, arbitration brief

writing, grievance investigation and resolution, and CBA

administration of Union Pacific back-shop (heavy

manufacturing and maintenance facilities at, among other

locations, North Little Rock, Arkansas and North Platte,

Nebraska) employees represented by IAM, IBEW, SMWIA, NCF&O

(SEIU) SMWIA, B&B, ARASA, BMWE and other union

organizations.

1988 to 1991 Union Pacific Railroad Company

Omaha, Nebraska

Law Clerk/Litigation Asst. (contracted)

Part time employment while attending law school. Involved

in mass torts litigation (discovery preparation,

depositions, legal research, etc.) including hearing loss,

diesel fume inhalation, and other PI actions.

1986 to 1988 Union Pacific Railroad Company

Dallas, Texas

Casualty Claims Agent

Investigated and resolved personal injury actions arising

under the FELA; crossing accident investigation and

resolution; investigation and resolution of freight claims.

Negotiated many favorable settlements of personal injury

actions, maintaining direct (non-litigated) handling of a

majority of cases assigned in an otherwise litigious

environment. Developed negotiating and dispute resolution

skills in an emotionally charged environment.

Casualty/claims experience provided the impetus to pursue a

law degree while continuing career with the Union Pacific

Railroad.

1984 to 1986 Union Pacific Railroad Company

Fort Worth, Texas

Bridge & Building Helper

Maintenance of Way laborer involved in the construction and

maintenance of railroad bridges and abutments. First

experience in industrial union environment.

Additional employment and references available upon request.

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