Michael J. Gan

Partner

email: gan@peerganlaw.com

Michael J Gan
After graduating from the Boston University School of Law, Michael joined the National Labor Relations Board’s Appellate Court Branch where he successfully litigated more than fifteen cases on behalf of the Board in the United States Courts of Appeals. Michael left the Board to represent the interests of labor unions and employees in collective bargaining, arbitration, federal court litigation, and before a variety of administrative agencies, including the National Labor Relations Board, Federal Labor Relations Authority, and Equal Employment Opportunity Commission. Michael serves as General Counsel to the National Rural Letter Carriers’ Association.

In addition, Michael frequently represents executives and professionals in the negotiation of individual employment contracts, including separation and retirement agreements. He also maintains a special practice representing rabbis and clergy in employment matters.

Michael regularly speaks at labor union conferences and union steward training programs. For more than five years, he has served as an adjunct instructor in arbitration advocacy and street law at the National Labor College’s George Meany campus. Over the years, Michael has written extensively on employee privacy matters, including e-mail and internet monitoring, and on negotiating employment contracts for clergy. He is a member of the AFL-CIO Lawyers’ Coordinating Committee and has served on the Board of Advisors to the Bureau of National Affairs’ publication, Collective Bargaining Negotiations and Contracts.

Education

  • Boston University School of Law, J.D., Barreca Labor Relations Law Scholar, 1990
  • University of Michigan, B.A. with distinction, 1987

Federal Court Admissions

  • D.C. Circuit
  • Second Circuit
  • Fourth Circuit
  • Seventh Circuit
  • Ninth Circuit
  • Tenth Circuit
  • District of Colorado
  • District of Columbia
  • District of Maryland

State Bar Admissions

  • District of Columbia
  • Maryland


Past Employment

  • Associate , Barr, Peer & Camens Washington DC, 1993-1997
  • Attorney, National Labor Relations Board, Division of Enforcement Litigation, Appellate Court Branch, Washington DC, 1990-1993
  • Summer Associate, Angoff, Goldman, Manning, Pyle, Wanger & Hiatt, Boston, MA, 1989
  • Summer Associate, Silver, Kreisler, Goldwasser & Schaeffer, Santa Monica, CA, 1988

Affiliations

  • Member, AFL-CIO Lawyers Coordinating Committee
  • Member, Labor & Employment Relations Association

Representative Decisions

  • Blasic v. International Ass’n of Machinists, Auto. Lodge 1486, 162 L.R.R.M. 2886 (D.C. Cir. 1999)
  • Reich v. Newspapers of New England, 44 F.3d 1060 (1st Cir. 1995)
  • Wilson Trophy v. NLRB, 989 F.2d 1502 (8th Cir. 1993)
  • Local 32B-32J Service Employees Int’l Union v. NLRB, 982 F.2d 845 (2d Cir. 1993)
  • North Star Steel Co. v. NLRB, 974 F.2d 68 (8th Cir. 1992)
  • NLRB v. So-White Freight Lines, Inc., 969 F.2d 401 (7th Cir. 1992)
  • NLRB v. Cornerstone Builders, 963 F.2d 1075 (8th Cir. 1992)

Publications & Conferences

  • Co-Presenter (with Jean-Marc Favreau), Your Employee Rights During the COVID-19 Pandemic, Ta’amod Webinar (May 2020)
  • Presenter, Rabbinic Employment Contracts in the Midst of a Pandemic, CCAR Webinar (April 2020)
  • Presenter, The Ethics of Synagogue and Organizational Finances: Making Value-Based Decisions at a Difficult Moment, CCAR Webinar (April 2020)
  • Presenter, Not Your Grandparents Rabbinic Contract: Current Trends in Rabbinic Employment Agreements, Pacific Association of Reform Rabbis Annual Meeting, Palm Springs, CA (January 2020)
  • Co-Author (with Jean-Marc Favreau), Coronavirus and the Clergy-Penitent Privilege, CCAR RavBlog (March 2020)
  • Presenter, Why Am I special to the IRS and What’s at Risk, CCAR Webinar (November 2019)
  • Author, Arbitration or Bust: The Necessity of Arbitration Clauses in Clergy Employment Contracts, The Chronicle, National Academy of Arbitrators (Fall 2019
  • Presenter, Gender Pay Equity in the Reform Movement, American Conference of Cantors-Guild of Temple Musicians’ Annual Convention, Atlanta, GA (June 2019)
  • Panelist, Newest Trends in Contract Negotiation: A Sacred Approach, 130th Annual Convention of the Central Conference of American Rabbis, Cincinnati, OH (April 2019)
  • Panelist, Pay Equity as a Social Justice Imperative, 130th Annual Convention of the Central Conference of American Rabbis, Cincinnati, OH (April 2019)
  • Presenter, Contract Negotiation Techniques MOCA Seminar, The Rabbinical Assembly, New York, NY (January 2019)
  • Presenter, The Legal Case for Parsonage (or Not): Ivory Tower Musings and Practice Pointers for Rabbis, Pacific Association of Reform Rabbis Annual Meeting, Palm Springs, CA (January 2019)
  • Co-Author (with Natalie Moffett), What the Latest Reform Movement Rabbinic Salary Study Reveals about the Gender Wage Gap, The Reform Jewish Quarterly, Central Conference of American Rabbis (Fall 2018)
  • Presenter, Negotiating the Emerita/Emeritus Contract, Reform Pension Board Retirement Planning Seminar, Chicago, IL (April 2018)
  • Panelist, The Newest Data on Reform Pay Equity, 129th Annual Convention of the Central Conference of American Rabbis, Irvine, CA (March 2018)
  • Presenter, Resolving Disputes in Rabbinic Employment: Approaches to the Five Most Common Conflicts, PacificAssociation of Reform Rabbis Annual Meeting, Palm Springs, CA (January 2018)
  • Presenter, The Relational and Other Aspects of the Retirement Agreement, Reform Pension Board Retirement Planning Seminar, New York, NY (May 2017)
  • Presenter, The Finer Points of Rabbinic Salary Negotiations: Strategies for Staying Ahead of Inflation and Keeping Up with Your Peers, PacificAssociation of Reform Rabbis Annual Meeting, Palm Springs, CA (January 2017)
  • Multiparty Arbitration of United States Postal Service Work Jurisdiction Disputes, Dispute Resolution in theWorkplace: The Proceedings of the National Academy of Arbitrators (2016)
  • Contributing Author (with Joshua Scharff), Women Rabbis and the Gender Pay Gap: Lessons from the CCAR’s 2012 Landmark Study and a Call to ActionThe Sacred Calling: Four Decades of Women in the Rabbinate, CCAR Challenge and Change Series (2016)
  • Panelist, The Postal Industry: Consideration of Evolving Practices, National Academy of Arbitrators Annual Meeting, Pittsburgh, PA (June 2016)
  • Presenter, Mistakes Not to Make in Negotiating Your Next Contract, American Conference of Cantors – Guild of Temple Musicians Conference, Philadelphia, PA (June 2016)
  • Presenter, Negotiating Your Retirement Contract, Reform Pension Board Retirement Planning Seminar (May 2016)
  • Presenter, The Gender Pay Gap in Congregations and Institutions: Advocacy and Action, CCAR/WRN Web Video Conference (April 2016)
  • Co-Author (with Rabbi Steven Fox), The Importance of Parsonage, eJewish Philanthropy (2016)
  • Presenter, For What We’re Worth: Pay Equity for Women in the 21st Century, 2015 Union for Reform Judaism Biennial Conference, Orlando, FL (November 2015)
  • Panelist, Parsonage: The Current State of Affairs, Central Conference of American Rabbis, Webinar (February 2015)
  • Presenter, Mistakes Not to Make in Negotiating Your Next Contract, Pacific Association of Reform Rabbis Convention, Palm Springs, CA (January 2015)
  • Presenter, Strategies For Success in Negotiating Your Retirement Contract, Reform Pension Board Retirement Seminar, Fort Lauderdale, FL (May 2014)
  • Presenter, The Nuts and Bolts of Negotiating Rabbinic Employment Contracts: Strategies for Success in Trying Times, Pacific Association of Reform Rabbis Convention, Palm Springs, CA (January 2014)
  • Panelist, Placement: The Finer Points of Contracts, Central Conference of American Rabbis, Conference Call for CCAR Rabbis (December 2013)
  • Panelist, Legal Issues for Community-Based Rabbis, Central Conference of American Rabbis, Conference Call for CCAR Rabbis (November 2013)
  • Panelist, Negotiating A Contract, 66th Annual Convention of the Cantors Assembly, East Rutherford, NJ (May 2013)
  • Presenter, Gender Issues: Salary Discrepancies and More, 124th Annual Convention of Central Conference of American Rabbis, Long Beach, CA (March 2013)
  • ONEG, Led seminars on the differences in compensation of male and female rabbis and negotiating rabbinic retirement contracts, Vail, CO (January 2013)
  • Presenter, Rabbinic Compensation and Gender: Implications For All Rabbis From The Landmark CCAR Study, Pacific Association of Reform Rabbis Convention, Palm Springs, CA (January 2013)
  • Presenter, I Can Ask For That? Rabbinic Contract Negotiations Deconstructed, 123rd Annual Convention of Central Conference of American Rabbis, Boston, MA (March 2012)
  • Participant (Union Counsel), Becoming a Labor Arbitrator, new arbitrator training, Federal Mediation & Conciliation Service, Arlington, VA (July 2012)
  • Panelist, Everything Synagogue Leaders Need to Know about Clergy Contracts, Union for Reform Judaism and Central Conference of American Rabbis, Webinar (May 2011)
  • Panelist with Dr. William Ury (author of Getting to Yes: Negotiating Agreement without Giving In), Negotiating My Contract, Central Conference of American Rabbis, Conference Call for CCAR Rabbis (October 2010)
  • Panelist, Postal Service: How Arbitrators Can Assist the Parties in Resolving Issues in Arbitration, National Academy of Arbitrators Annual Meeting, Philadelphia, PA (May 2010).
  • Panelist, Necessity is the Mother of Invention: Reducing the Costs of Disputing – Successes and Failures, National Academy of Arbitrators Annual Meeting, San Francisco, CA (May 2007).
  • Panelist, Advocates Training, National Academy of Arbitrators Southeast Regional Meeting, Orlando, FL (February 2006).
  • Panelist, Internet Threats: An Old Issue in a New Medium, a mock arbitration, National Academy of Arbitrators Southeast Regional Meeting, Atlanta, GA (February 2005).
  • Co-Author (with Arthur Gross-Schaefer), Striking the Balance in Employment Contracts and Covenantal Agreements: A Negotiation Guide for Rabbis, CCAR Journal, 34 (Winter 2003).
  • Co-Author (with Arthur Gross-Schaefer), Employment Contracts and Covenantal Agreements: A Negotiation Guide for Spiritual Leadership, 5 Journal of Religion & Abuse: Advocacy 1, 67 (2003).
  • Presenter, Negotiating Rabbinic Employment Contracts, Pacific Association of Reform Rabbis Annual Meeting, Palm Springs, CA (January 2001).
  • Presenter, Legal Climate on Campus: Update on E-Mail and Cyberspace Issues, 1998 NEA Higher Education Conference, Savannah, GA (March 1998).
  • Author, First Amendment Rights and the Internet, NEA Higher Education Research Center Update (National Education Association, September 1997).
  • Author, Worker Privacy and Employer Monitoring in the Age of Cybermania: The Case of Electronic Mail, AFL-CIO Lawyers’ Coordinating Committee Attorney’s Conference, Chicago, IL (June 1997).
  • Author, Responding to Workplace Violence: The EAP Alternative, BNA’s Collective Bargaining Bulletin (March 1997).
  • Presenter, Cyberspace: The Law and Legislation, NEA Higher Education Conference, Tempe, AZ (March 1996).
  • Author, E-Mail and Privacy, NEA Higher Education Research Center Update (National Education Association, October 1996).
  • Author, E-Mail Facilitates Communication, Raises Concerns About Privacy, 1 BNA Collective Bargaining Bulletin 4, 28 (Feb 15, 1996).