Arbitration/Adjudication - David P. Clark, Esq.
Arbitrator, Judge, Hearing Examiner
A neutral case evaluator issues a legal opinion on what should be the outcome of a complaint, grievance, or court proceeding. In contrast to facilitation or mediation, a case evaluator is assigned authority to decide how the matter will be resolved. A case evaluator can hold different titles in this role: arbitrator, administrative judge, hearing examiner, or special master. Since 2001, Mr. Clark has served public and private organizations as an arbitrator and administrative judge. A member of the esteemed National Academy of Arbitrators, he is a also a member of arbitration panels of the American Arbitration Association ("AAA"), Federal Mediation and Conciliation Service ("FMCS"), and a number of private arbitration panels. Mr. Clark has also served as an Administrative Judge for (among others) the U.S. Equal Employment Opportunity Commission (2010-2012) and District of Columbia Office of Human Rights (2005-2013), where he adjudicated claims of discrimination filed by employees and applicants for employment with the EEOC and the District of Columbia government.
“Dave worked in my agency for many years as a Hearing Examiner. He carefully reviewed the findings of the investigation to determine if discrimination was established. Dave is extremely diligent and wrote our proposed decisions extremely well. It was an absolute pleasure to work with him and I would recommend highly to any organization”
Currently, Mr. Clark serves as a part-time Hearing Officer for the Office of Congressional Workplace Rights (OCWR), in support of the OCWR’s function of adjudicating employee complaints involving workplace rights, safety and health, and accessibility in the legislative branch of the federal government. For those complaints, Mr. Clark manages the parties’ litigation schedule, including discovery and motion practice, until a trial-type administrative hearing, after which Mr. Clark issues a binding decision. In 2016, Mr. Clark was appointed by the U.S. Secretary of State to be a Member of the Foreign Service Grievance Board, which oversees the formal grievance system covering employees of the U.S. foreign affairs agencies. Until the end of his term in 2020, Mr. Clark was Chair of 3-person arbitration panels for such grievances. In 2014, Mr. Clark was appointed by the Comptroller General of the United States to serve a 5-year term as one of five Members of the Government Accountability Office’s Personnel Appeals Board (PAB), an independent body charged with protecting against potential or perceived conflicts of interest arising from the GAO’s oversight of the executive branch. At the PAB, Mr. Clark adjudicated matters in areas of employee relations, equal employment opportunity, and labor relations, pursuant to the same laws, rules, and regulations applied by the Equal Employment Opportunity Commission, Federal Labor Relations Authority, Merit Systems Protection Board, and Office of Special Counsel.
Mr. Clark's services as an Arbitrator, private Judge, and Hearing Examiner are available in the Washington, D.C. Metropolitan region and nationally.
Published Arbitration Awards and Cases on Appeal:
Tobyhanna Army Depot and AFGE, Local 1647, 135 Lab. Arb. Rep. (BNA) 1709 (2016)
U.S. Capitol Police and Police FOP/U.S. Capitol Labor Committee, 134 Lab. Arb. Rep. (BNA) 1749 (2015)
Healthcare Services Group, Inc. and SEIU, United Healthcare Workers East, 132 Lab. Arb. Rep. (BNA) 830 (2013)
Dep’t of the Navy, NAVFAC and AFGE, Local 1923, 132 Lab. Arb. Rep. (BNA) 430 (2013)
Healthcare Services Group, Inc. and Service Employees Healthcare Pennsylvania, 131 Lab. Arb. Rep. (BNA) 975 (2013)
Mayeske v. Dep’t of the Navy, 479 Fed.Appx. 345 (Fed. Cir. 2012)
U.S. Dep’t of Labor, Bureau of Labor Statistics v. AFGE, Local 12, 65 FLRA 651 (2011)
Additional cases are published at Westlaw.