Arbitration and Mediation Office of Lee Hornberger
6730 Mission Ridge
Traverse City, Michigan 49686-6131
“In the middle of every difficulty lies opportunity.”
Lee Hornberger Arbitration Experience
Lee Hornberger is a member of the National Academy of Arbitrators.
His published labor arbitration awards include 24-2 ARB 8498, 24-2 ARB 8482, 24-1 ARB 8317, 23-2 ARB 8290, 23-2 ARB 8224, 2023 LA 407, 2023 LA 72, 23-1 ARB ¶8181, 2023 LA 26, 2023 LA 17, 2022 LA 203, 2022 LA 162, 2022 LA 130, 2022 LA 98, 2022 LA 21, 2022 LA 16, 2021 LA 265, 2021 LA 28, 21-1 ARB 7791, 2020 LA 1466, 2020 LA 1277, 2020 LA 1268, 2020 LA 1080, 2020 LA 1108, 20-1 ARB 7618, 139 LA 1721, 139 LA 1462, 139 LA 771, 139 LA 181, 138 LA 1765, 138 LA 1295, 137 LA 1424, 137 LA 231, 135 LA 1247, 134 LA 1108, 133 LA 1324, 133 LA 1277, 133 LA 41, 132 LA 1798, 132 LA 1242, 132 LA 1089, 131 LA 1401, 131 LA 945, 131 LA 415, 130 LA 1363; 129 LA 300, 11-2 ARB §5311; and 128 LA 749, 11-1 ARB §5142.
The industries in which he has been involved include include advertising, aluminum, automotive, bakery, banking, beverage, broadcasting, building products, canning, cement, coal, communications, construction, dairy, education, electronics, entertainment/arts, food, health care, hotels/motels/casinos/resorts, hospital/nursing home, meat packing, metal fabrication, mining, office workers/clerical, organizations, packaging, police and fire, printing and publishing, prison guard, retail stores, stone/quarry, transportation, trucking and storage, utilities, and warehousing.
The issues with which he has been involved include absenteeism, arbitrability, attorney fee, back pay, bargaining unit work, breach of duty, conduct, constructive discharge, conversion, Covid, discipline (union-discharge), discipline (discharge), discrimination: age, disability, drug/alcohol offenses, race, religion, sex, and national origin; expungement, Fair Credit Billing Act, fiduciary duty, fraud, fringe benefits: holidays, vacation, job posting/bidding, harassment, health/hospitalization, insurance, labor grades, last chance agreement, layoffs/bumping/recall, longevity pay, management rights, medical leave, mentoring, Michigan Prudent Investor Rule, Michigan Uniform Securities Act, Michigan Uniform Trade Secrets Act, overtime, paid time off, past practice, persona non grata, recapture, remedy, riparian rights; safety/heath conditions, Securities Exchange Act, sexual harassment, social media, subcontracting/contracting out, suspension, tenure/reappointment, tortious interference, unit work, violence/threats, wage rates, Wages and Fringe Benefits Act, work hours/schedules/assignments, and working conditions/work orders.
His published articles include "Michigan Case Law Concerning Use of Emails in Alternative Dispute Resolution," Michigan Bar Journal (June 2024); "The Successful Post-Hearing Brief in a Labor Arbitration," The Litigation Journal (Spring/Summer 2022); "Giving An Effective Opening Statement in A Labor Arbitration," Labor and Employment Lawnotes (Summer 2020); "Labor Arbitration Opening Statement," The Michigan Dispute Resolution Journal (Spring/Summer 2020); "Michigan Arbitration Case Law Update," Labor and Employment Lawnotes (Spring 2020); "Michigan Arbitration, Case Evaluation, and Mediation Case Law Update," Labor and Employment Lawnotes (Spring 2010); "Michigan Family Law Arbitration and Mediation Case Law Update," Michigan Family Law Journal (March 2010); "Recent Developments in Michigan Arbitration, Case Evaluation, and Mediation Law," Labor and Employment Lawnotes (Fall 2009); Contributor, Defusing Workplace Time-Bombs: Drafting Employment Agreements and Policies to Prevent Disputes, Avoid Tax Traps, and Settle Cases (ALI-ABA 2008); "The Impact of the Due Process Protocol Principles on Arbitration of Statutory Employment Disputes," Labor and Employment Lawnotes (Fall 2007); "Mediation and Arbitration for the Entrepreneur," Your Chamber News (April 2007); "Mediation for the General Practitioner," The General Practitioner (Nov-Dec 2006); "Effective Mediation Preparation," Michigan Lawyers Weekly (Sep 4, 2006); "Some Reflections on Mediation," ADR Newsletter (Aug 2006); "Unemployment Compensation Noncontest Provisions in Settlement Agreements," Labor and Employment Lawnotes (Spring 2006); "Police and Fire Department Arbitration," ADR Newsletter (May 2006); "Settlement Agreements (Part II)," Labor and Employment Lawnotes (Winter 2006)(co-author with Kiffi Ford); "Settlement Agreements (Part I)," Labor and Employment Lawnotes (Fall 2005)(co-author with Kiffi Ford); "HIPAA and the Disclosure of Mental Health Records in Mediation," ADR Newsletter (Oct 2005)(co-author with Robert Tremp); and "Overview of a Pre-Dispute Employment Resolution Process," ADR Newsletter (Feb 2005).
