Professional Documents
Culture Documents
For
Horace Arthur Topper Thompson III
Phone: 228-623-3777
Email: thompsontopper@yahoo.com
Present Occupation: Arbitrator/Mediator/Senior United States Administrative Law Judge, SSA ODAR.
First Business Address:
150 Broadway St., Apt 505
New Orleans, Louisiana 70118
PROFESSIONAL AFFILIATIONS:
American Bar Association, Occupational Safety and Health Law Committee (past chairman); Louisiana
State Bar Association; Mississippi State Bar Association.
LEGAL EDUCATION:
(2011-2013) 1 mo/yr of annual disability law training at SSA ODAR Training Facility, Falls Church,
VA.
(2008, 2009, 2013) The National Judicial College, Reno, NV Decision Making; Judicial Decision
Writing; Logic and Legal Reasoning; Advanced Evidence for Judges; Scientific Evidence for Judges:
Administrative Law Procedure for Judges; Civil Mediation Skills.
(1965 1968) Tulane Law School, New Orleans (JD, 1968); BA 1966.
(1959 1963) Georgia Tech, Atlanta (Chem Engineering; Ind Engineering).
CERTIFICATIONS:
1968 Law Louisiana
(LSBA ID No. 12753)
1988 Law Mississippi
(MBA ID No. 10845)
Admitted in the federal district courts for the Southern District of Mississippi, Fifth, Seventh, Eighth, and
D. C. Courts of Appeals and in the United States Supreme Court.
ADJUDICATIVE/ARBITRATION/LABOR RELATIONS EXPERIENCE:
May 2006 Aug 2013 Occupational Safety and Health Review Commission: OSHRC Chairman until
2008, managing independent federal adjudicatory agency and chairing the appellate panel of the federal
independent three member appellate panel adjudicating interlocutory review, discretionary review, and
final review of workplace safety and health citations arising from inspections by the Occupational Safety
and Health Administration of the United States Department of Labor. Then OSHRC Commissioner, until
2011. Then ALJ with Social Security Administration Office of Disability Adjudication and Review in
Hattiesburg, MS and New Orleans, LA Hearing Offices. Then Administrative Law Judge in OSHRC
Denver, CO Regional Office, responsible for conducting trials of administrative matters including
mediation of mandatory settlement conferences for highly complex and high penalty cases.
May 1968 May 2006: 37 years as member of executive committee of national law firm specializing in
pension, labor relations, occupational safety and health, employment law, and other business law,
including over 200 arbitration proceedings in various industries: Aerospace; Airlines; Advertising;
Aluminum Processing; Automobile Dealers; Automobile and Truck Fabrication; Banking; Beverage;
Brewery; Bridge Building; Casinos; Cement; Clothing; Cold Storage; Communications; Energy
Generation; Electricity Transmission and Distribution Power-line Construction & Repair; Food; Foundry;
Grain Elevators; Grain Mill; Health Care; Hotels/Motels; Hospital/Nursing Home; Industrial and Marine
Construction Contractors; Industrial Scrap; Leading Edge Steel Erection; Lumber; Maritime;
Meatpacking; Metal Fabrication; Offshore Drilling and Marine Service Industries; Petrochemical;
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Plastics; Plate Glass; Pulp and Paper Mills, Box Plants, Liner Board Mills; Petroleum/Petrochemicals;
Pharmaceuticals; Plastics; Police and Fire; Printing and Publishing; Pulp and Paper; Rail Car Fabrication
and Repair; Refrigeration/HVAC; Restaurants; Retail Stores; Salt Mining; Shipbuilding and Repair/Dry
Dock; Sports/NFL; Stevedoring; Steel Foundries; Sugar Cane Growing and Processing;
Telecommunications; Transportation; Trucking and Drayage; Utilities; Warehousing
ISSUES:
Affirmative Action; Absenteeism; Arbitrability; Bargaining Unit Work; Demotion; Departmental vs. Plant
Seniority; Disability (SSA); Discharge; Discrimination: Age, Sex, Religion, National Origin;
Drug/Alcohol Offense; Possession of Drugs with Intent to Distribute; Hiring Practices; Interest
arbitration; Job Performance; Job Bidding; Jurisdictional Dispute; Layoffs/Bumping/Recall; Leave;
Management Rights; Merit Pay; Misconduct; Overtime Pay; Past Practices; Pension and welfare Plans;
Pension Claim (ERISA); Promotion; Retirement; Safety and Health Conditions; Sexual Harassment;
Working Conditions; Work Schedules; Violence/Threats; Wages Federal Executive Orders 11246, the
Americans with Disabilities Act, the Age Discrimination in Employment Act; the Civil Rights Act of
1866 (Section 1981), the Civil Rights Act of 1971 (Sections 1983, 1985(3), and 1986), the Equal Access
to Justice Act, the Equal Pay Act of 1963, the McNamara OHara Service Contract Act, the Equal
Protection Clause of the United States Constitution, the Fair Labor Standards Act, the Family and Medical
Leave Act, the National Labor Relations Act and various state Public Employee Relations laws, the
Occupational Safety and Health Act of 1970 and various state Occupational Safety and Health laws; the
Older Workers Benefit Protection Act, the Pregnancy Discrimination Act, the Railway Labor Act, the
Rehabilitation Act of 1973, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, Title
IX of Education Amendments of 1972, the Sarbannes-Oxley Act of 2002, the Uniform Guidelines on
Employee Selection Procedures, the Vietnam Veterans Readjustment Assistance Act, the Veterans
Reemployment Act of 1998, and the Worker Readjustment and Retraining Notification Act..
PUBLISHED DECISIONS:
Ninety-eight (98) contested OSHA citations adjudicated as a Member of the Occupational Safety and
Health Review Commission (OSHRC) are published at www.oshrc.gov/decisions/decisions.html.
(09/27/06 04/27/11)
Nine hundred and seventy (970) SSA disability cases adjudicated as an SSA ODAR ALJ are confidential
and therefore not public (2011 2013).
Twenty-five (25) municipal civil service appeals decided as a Member of the New Orleans Civil Service
Commission (NOCSC) are public, maintained by the NOCSC. (1980 1990).
SIGNIFICANT PUBLICATIONS AND PRESENTATIONS:
Co-Editor of the BNA/ABA Treatise on Occupational Safety and Health Law; contributor to BNA/ABA
treatise Practice and Procedure before the NLRB; editor of the chapter on technical regulation of
environment, safety and health in the United States in the BNA/ABA treatise International Labor Law;
and contributing editor to the Louisiana Environmental Law Handbook. Published analyses of labor
relations issues on teaching faculties of ALI-ABA and NELI; at conventions of the Associated General
Contractors, the Louisiana-Mississippi Labor Management Conference, the National Safety Council, the
National Telecommunication Association, the Outdoor Advertising Association, Organization Resource
Counselors, and the American Bar Association, Labor Relations and Employment Law Section,
Occupational Safety and Health Law Committee.
REFERENCES
For
Horace Arthur Topper Thompson III
Mobile Phone: 228-623-3777
Email: thompsontopper@yahoo.com
JUDICIAL TEMPERAMENT
Mitch Ledet - Retired President of General Truck Drivers, Chauffeurs, Warehousemen and Helpers
(Teamsters) Local Union No. 270. (337)948-8893.
Mike Tourne - Retired International Representative of Steelworkers (formerly Papermakers). (985)
732-3461; mobile: (985) 516-6074. mtourne@aol.com.
Vickie Bor Partner, Sherman Dunn Cohen, Leifer & Yellig, PC. 900 7th St NW # 1000,
Washington, DC 20001. (202) 785-9300. bor@shermandunn.com
Don Elisburg Past Assistant Secretary of Labor for Employment Standards, Key Biscayne, FL
(301) 361-1298 or (301) 299-2950. delisburg@infionline.net.
Stephen A. Yokich Partner, Cornfield & Feldman, 25 East Washington Street Suite
1400 Chicago 60602. (312) 236-7800. syokich@cornfieldandfeldman.com.
Keith M. Pyburn, Regional Managing Partner, Fisher & Phillips, LLP. 201 St Charles Ave, New
Orleans, LA 70170. (504)582-3838; mobile (504) 352-0557. kpyburn@laborlawyer.com.
Steven Hymowitz, Partner, Ogletree Deakins, One Shell Square, 701 Poydras Street, Suite 3500,
New Orleans, LA 70139 (504) 648-2600 steven.hymowitz@ogletreedeakins.com.
Susan Desmond, Partner, Jackson, Lewis, 650 Poydras Street, Suite 1900; New Orleans, LA 70130;
P: (504) 208-1755 Susan.Desmond@jacksonlewis.com.
Maurice Wexler, Partner, Baker Donelson, First Tennessee Bank Building, 165 Madison Avenue,
Suite 2000, Memphis, TN 38103 (901) 577-2272. mwexler@bakerdonelson.com.
David Bendana, In-House Labor Counsel, Huntington Ingalls, Inc. (504)654-5605, (504) 201-2811.
David.bendana@hii-co.com.
Samuel J. Nicholas Jr., Arbitrator, P. O. Box 22512, Jackson, MS 39205. (601)969-3020.
Sara Adler, Arbitrator. 1034 Selby Avenue, Los Angeles, California 90024-3106. (310) 474-5170.
sadlerarb@earthlink.net.
Paul Barron, Tulane Law School, 6329 Freret Street, New Orleans, Louisiana 70118. (504) 8655986. pbarron@tulane.edu.
Don Shalhoub, past Counsel to Commissioner Horace A. Topper Thompson at OSHRC; formerly:
Associate SOL for OSH; USDOL Ombudsman; Acting Assistant Secretary of Labor for OSHA
(2010). (571)217-8733. donshalhoub@live.com.
DECISION-MAKING ABILITY
Hon. Glyn F. Voisin. Hearing Office Chief Administrative Law Judge, SSA ODAR, DA LA ODAR
New Orleans, Suite 1600, 650 Poydras Street, New Orleans, LA 70112. (888)297-2210.
Glynn.F.Voisin@ssa.gov
Hon. Nancy Pizzo. Administrative Law Judge Mentor, SSA ODAR, DA LA ODAR Suite 1600, 650
Poydras Street, New Orleans, LA 70112. (888)297-2210. Nancy.Pizzo@SSA.gov.
Hon. Charles Pearce. Administrative Law Judge Mentor, SSA ODAR, BI MS ODAR Hattiesburg,
1901 Broadway Drive, Hattiesburg, MS 39402. (866)348-5831 ext: 21129.
Hon. Doug Gilmer, Hearing Office Chief Administrative Law Judge, SSA ODAR, BI MS ODAR
Hattiesburg, 1901 Broadway Drive, Hattiesburg, MS 39402. (866)348-5831.
Douglas.Gilmer@ssa.gov.
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