NPELRA s Labor Relations Academy II: The Grievance Arbitration Process

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1 NPELRA ACADEMY II and MPELRA WINTER CONFERENCE February 5 & 6, 2015 Crown Plaza Minneapolis West 3131 Campus Drive Plymouth, MN NPELRA s Labor Relations Academy II: The Grievance Arbitration Process Thursday, February 5 th If registering January 22, 2015 and later, you may not be included on printed roster/materials. 8:00 AM 4:00 PM NPELRA ACADEMY II: GRIEVANCE ARBITRATION PROCESS (Separate registration and payment required.) Academy II presents a thorough grounding in the role of arbitration in union-management relations from the perspectives of: the practitioner, the arbitrator and the advocate. Workshops address responding to grievances, the rules of contract construction and how and when to raise arbitrability. Participants will draft a response to a grievance and learn how to improve their skills in preparing and presenting a winning case. An arbitrator will discuss what works and what doesn't and present the key elements of the burden of proof. Interactive exercises in choosing an arbitrator and selecting witnesses are designed to build expertise. Speakers: Susan Hansen, Madden Galanter Hansen: Susan, a Partner in the law firm of MADDEN GALANTER HANSEN, LLP, is engaged in the practice of law with emphasis in the area of employer representation in labor and employment law matters, including grievance handling and arbitration, collective bargaining and interest arbitration unit determination issues and hearings. She advises public and private sector employers on a variety of matters, including progressive disciplinary action, contract administration, personnel practices, discrimination claims, Fair Labor Standards Act, Data Practices Act, Family and Medical Leave Act, Americans with Disabilities Act, Affordable Care Act, Open Meeting Law and legal developments. She conducts investigations of employee claims including harassment, misconduct and retaliation claims. She has present training on FLSA, FMLA, ADA, ACA, Labor Relations and Employment Law matters. Kyle Gulya, von Briesen Roper, S.C. Kyle Gulya is a Shareholder in the Labor and Employment Law Section of von Briesen & Roper s Business Practice Group. Kyle assists both public and private sector clients with employment- and labor-related issues including regulatory compliance, antidiscrimination practices, contractual and workplace policy matters, and personnel management. He handles numerous aspects of labormanagement relations from advising clients during union organizing campaigns to serving as chief negotiator during collective bargaining negotiations. He also directs personnel investigations and assists clients with effectively resolving personnel disputes. Kyle frequently advises clients regarding

2 employment agreements, independent contractor agreements, covenants not to compete, and confidentiality agreements. Lisa Callaway, Clark Baird Smith Lisa has more than twenty years of experience providing skilled employment and labor law counsel to private and public sector clients. Before joining Clark Baird Smith LLP in 2011, Lisa was the Vice President and General Counsel for The Management Association of Illinois, a not-for-profit employers association that assists more than 1,000 businesses and organizations with legal and human resources issues. While there, she assisted employers in collective bargaining, arbitration, employment discrimination, wage and hour, and general labor and employment law matters. She also provided training, conducted workplace investigations and advised on business issues. Lisa was also part of the senior management team and her experience extends to managing a small business. Lisa s previous experience includes practicing labor and employment law with several Chicago law firms, including Seyfarth Shaw LLP. She has litigated cases in federal and state courts and before the National Labor Relations Board, the Equal Employment Opportunity Commission, the Illinois Human Rights Commission and the Illinois Educational Labor Relations Board. Jeff Jacobs, Wilkerson & Hegna Jeff has been a practicing attorney in Minnesota since He has arbitrated labor disputes since 1995 and has authored over 400 written final and binding decisions. Prior to that, he practiced extensively in labor relations representing union and management clients in both the private and public sectors. Jeff is a member of the National Academy of Arbitrators and is on the Minnesota BMS, Iowa PERB, Wisconsin WERC, and FMCS arbitration lists as well as several permanent panels in both the public and private sector. Jeff is a frequent lecturer at arbitration seminars and has authored several articles in that area, including an update to two sections of the 6th Edition of Elkouri and Elkouri, How Arbitration Works. In addition to his labor arbitration work, Jeff arbitrates and mediates civil and administrative matters in the District Courts and in the Minnesota Workers Compensation system 4:00 PM Networking Creekside Lounge Member Cost: $299 Non-Member Cost: $399 Register and pay by credit card for this Academy on the NPELRA website. Registration fee includes: continental breakfast, refreshments, lunch and conference handouts for the February 5 th NPELRA Academy II. You must register and pay separately for the February 6 th MPELRA Conference. NPELRA Cancellation/Refund Policy: All cancellation requests must be submitted in writing and received by NPELRA by January 22, 2015 to qualify for a refund. A $50.00 administrative fee will be deducted. Cancellations received after January 22, 2015 are non-refundable. No-shows are nonrefundable. One registration transfer is allowed per registration. Transfer must have the same membership status or fees will be adjusted accordingly.

3 MPELRA CONFERENCE Friday, February 6 th 8:15 8:45 AM Registration Desk Open Continental Breakfast 8:45 9:00 AM Welcome Jason Schmidt, MPELRA 1 st Vice President This MPELRA 1 Day Conference Qualifies for 2 points toward the NPELRA CLRP Recertification. 9:00 10:00 AM Turning Losses into Wins: Lessons Learned from Arbitration Irene Kao, Research Attorney, League of Minnesota Cities, St. Paul, Minnesota An arbitrator s decision is final and binding to the matters addressed, so a savvy labor practitioner will want to use a variety of research tools to prepare. Irene will explore practical suggestions on how to apply readily available resources when selecting an arbitrator or preparing for an arbitration hearing. 10:00 10:30 AM Break/Lodging Check-out 10:30 Noon The ADA & Mental Illness Penelope J. Phillips, Esquire, Felhaber Larson, Minneapolis, Minnesota In December 2013, the U.S. Substance Abuse and Mental Health Services Administration reported 18% of the U.S. population, or 41 million Americans, will experience some type of mental illness. As HR professionals, it s likely you will, or already have, encountered an employee with a mental health impairment. Penny will review employer responsibilities and best practices under the ADA, including how to talk through what can be at times a stressful conversation, common accommodations for employees with psychiatric disabilities, as well as helpful employer resources. Noon 1:00 PM Lunch Europa Room The use of this seal is not an endorsement by the HR certification Institute of the quality of the program. It means that this program has met the HR Certification Institute's criteria to be pre-approved for recertification credit.

4 1:00 2:15 PM Concerted Activities Greg Failor, Esq., Labor Relations Manager, Metropolitan Airports Commission, Minneapolis, Minnesota The Minnesota Legislature amended PELRA in 2014 to grant public employees the right to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection. What does this mean? Should Minnesota public employers be concerned? Are employee postings about workplace conditions and supervisor competency and performance on various social media such as Facebook and Twitter considered protected concerted activity? Is this new PELRA right to engage in concerted activity the same as free speech rights public employees may have under the 1 st Amendment or is it something more? Come to this interactive presentation where our speaker will engage the audience with several examples taken from actual complaints filed with the National Labor Relations Board (NLRB) from the private sector where the right to engage in protected concerted activity dates back to the 1930s. 2:15 2:30 PM Annual Business Meeting Jim Jorstad, MPELRA President 2:30 2:45 PM Break 2:45 4:15 PM A Sure Thing? Effective Use of Last Chance Agreements Trina Chernos, Assistant City Attorney, City of Minneapolis, Minnesota Greg Wiley, Esq., Wiley Law Office, PC, Edina, Minnesota 4:15 PM Networking Creekside Lounge Experienced labor professionals know that submitting a grievance to arbitration is just one way to resolve a dispute with a recalcitrant employee. But letting an arbitrator control the level of discipline that your employee receives can be the worst way to resolve a grievance in some circumstances. One way to control the process is to enter into a Last Chance Agreement ( LCA ) with the union and employee that allows the employee to remain employed if certain conditions are met, and, importantly, allows the employer to discharge the employee if the obstinate employee continues on the wayward path. What are the requirements of an LCA? Who decides if the LCA is breached? How can you avoid arbitrating the issue of whether there has been a breach of the LCA, which is what the LCA is designed to do in the first place? Two local labor professionals have some lessons learned after having represented clients in some challenging and thought-provoking proceedings. Future Conference Dates: 2015 NPELRA Annual Training Conference March 29 th April 2 nd Savannah, GA (Hyatt Regency) 2015 MPELRA Summer Conference August 5 th 7 th Duluth, MN (The Inn on Lake Superior) 2016 NPELRA Academy III: Negotiation Process February 4 th Plymouth, MN (Crowne Plaza) 2016 MPELRA Winter Conference February 5 th Plymouth, MN (Crowne Plaza) 2016 NPELRA Annual Training Conference April 16 th 21 st Memphis, TN (The Peabody Hotel)

5 MINNESOTA PUBLIC EMPLOYER LABOR RELATIONS ASSOCIATION WINTER CONFERENCE February 6 th, 2015 Crowne Plaza Minneapolis West 3131 Campus Drive Plymouth, MN REGISTRATION FORM FRIDAY, FEBRUARY 6 th MPELRA ONLY Please complete this form and return along with a check* made payable to MPELRA: Diane Delano Hennepin County Labor Relations A-400 Government Center 300 South Sixth Street Minneapolis, MN fax (612) CONFERENCE EARLY REGISTRATION DEADLINE: January 14, 2015 NOTE: lodging block only held until January 14, 2015 make your room reservation before then! LODGING: Make your own lodging arrangements directly with Crowne Plaza Minneapolis West at (763) The lodging rate is $ (+ tax) per night. Reserved lodging is limited and the room block will only be held until January 14, CANCELLATIONS: Lodging contact hotel directly at (763) for details. Conference A $50 administrative fee will be charged for all cancellations. All cancellations received after January 14, 2015 are non-refundable. Noshows are non-refundable. One registration transfer is allowed per registration. Transfer must have same membership status or fees will be adjusted accordingly. All cancellation requests must be in writing, ed or faxed. Questions? Contact Chantell Knauss at (763) , cknauss@goldenvalleymn.gov Name: Title: Organization: Phone: Conference rates for MEMBERS: $ 75 MPELRA Members by Jan. 14 th $100 MPELRA Members after Jan. 14 th Registrations MUST be received by Jan. 14 to get the Reduced Rate. MUST be 2015 MPELRA member by Jan. 31 st to get the Member Rate. Conference rates for NON-MEMBERS: $125 Non-Members by Jan. 14 th $150 Non-Members after Jan. 14 th (If you are a non-member, consider joining. Membership information and application at $ Amount Enclosed (*Payment may follow separately, please note its approximate arrival date.) MPELRA does NOT accept credit or debit card payments for conference registrations. Registration fee includes: all sessions, continental breakfast, breaks, lunch and conference handouts for February 6 th. You MUST register and pay separately for the February 5 th NPELRA Academy II.

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