Labor Law and Labor Arbitration

Transcription

1 Labor Law and Labor Arbitration Thursday-Friday September 10-11, 2015 San Francisco register online

2 Labor Law & Labor Arbitration Agenda Thursday, September 10, 2015 We welcome you to San Francisco, a destination for professional meetings and training classes. This conference is for those who need to know the laws, arbitral principles and strategies that are part of effective labor-management relations. The range of topics and variety of teaching formats are designed to engage, and to be put to immediate use. The faculty members are among the top labor arbitrators in the country. Two are a past president of the National Academy of Arbitrators. Four have held or are currently holding prominent teaching positions in the top law schools. One is the current editor of the ABA Journal of Labor & Employment Law. All have had and continue to have multiple appointments to arbitration panels. Hearing from these experts in one place makes this training a unique opportunity. Please call or us (customerservice@laborarb. com) with any questions about the training and the logistics to make it possible for you or your group to attend. 7:30-8:30 a.m. Registration and Continental Breakfast 8:30-9:15 a.m. Witnesses: Grievants, Supervisors & Bystanders We all make assumptions about people and their circumstances, both as to work life and even personal circumstances. But arbitrators cannot. They are fact-finders and adopt a judicial attitude about evidence. What they may suspect about a witness is not evidence. And this affects how you investigate the case, prepare a witness and ask questions on direct examination. A witness s demeanor or job status are poor indicators of credibility. Don t let the wrong strategy undermine settlement or your position at the hearing. Arb. John Kagel 9:15-10:15 a.m. Rules of Evidence The arbitrators make true-to-life evidentiary rulings, as the case unfolds. The panelists discuss relevance, hearsay and privilege in the context of actual cases. For example, is the doctor s statement persuasive, after it passes the hearsay Conference Location and Registration Information San Francisco starts with scenic beauty in near-perfect weather and ends with the largest choice of activities: Fisherman s Wharf, Union Square, Golden Gate Park, Chinatown, sports and arts events, restaurants of every cuisine this is a place that has earned a reputation as one of the best cities of the world. Be sure to register before May 29 and save on tuition. Also, reserve your overnight accommodation at the conference site the Park Central Hotel and save with the group rate.

3 objection? Is a charge, not in the discipline letter, still admissible? Panel: Arbs. Steve Befort, Chris Cameron, John Kagel, Andria Knapp, and Ted St. Antoine 10:15-10:30 a.m. Break 10:30-11:00 a.m. Labor Arbitrators A new lecture on understanding labor arbitrators. Does their experience as lawyers, professors, or former labor or management representatives affect their decision-making? Why do arbitrators differ on longevity as a mitigating factor, the nexus in off-duty cases, or disparate treatment? Does the closing argument or post-hearing brief change a veteran arbitrator s initial decision? The speaker answers these questions and discusses other myths about labor arbitrators. Arb. Ted St. Antoine 11:00-11:30 a.m. Insubordination Beyond the standard three elements, the issues demand that both sides understand much more. To illustrate, can a job description take the place of two elements? Is the health-safety exception applicable, when it s the public s health or safety which the grievant claims? Is there any exception to the obey now, grieve later, if the employee is challenging the union s work jurisdiction? A top-ranked arbitrator analyzes the arguments on both sides and predicts the likely outcome. Arb. John Kagel 1:00-1:45 p.m. Computer Misuse A rule that employees cannot use employer-owned computers for non-business reasons reduces the number of issues. But a company policy prohibiting all non-business use may not be realistic or good for business. There are also cases of productivity and activity which spills over into other rule violations, such as harassment and off-duty misconduct. A highly-rated lecture on this evolving topic. Arb. Andria Knapp 1:45-2:30 p.m. Computer Misuse: Cases from 2015 The arbitrators discuss three recent cases: one involving porn, another with tasteless, perhaps harassing, jokes, and a third one involving a private Facebook posting. Learn which penalties satisfy the just cause standard, and what protections are available to employer and employee. Panel: Arbs. Befort, Cameron, Kagel, Knapp & St. Antoine 2:30-3:00 p.m. Job Performance The baseline is a day s work for a day s pay. The complications are: the quality of the re-training; the difference between job neglect and inability; the challenges in following progressive discipline or removal for safety reasons. Arb. Chris Cameron 3:00-3:15 p.m. Break 11:30 a.m.-12:00 Noon Absenteeism The panelists discuss two recent cases, one with cascading events in the grievant s life and the other involving an interpretation of a no-fault absenteeism policy. Arbs. Ted St. Antoine, Andria Knapp, John Kagel, Chris Cameron & Steve Befort 12:00-1:00 p.m. Lunch (on your own)

4 3:15-4:00 p.m. Last Chance Agreements The arbitrators explain the elements of a well-drafted LCA and the possible traps. Panel: Arbs. Cameron, Kagel, Knapp & St. Antoine 4:00-5:00 p.m. The Supreme Court In the 2014 term and the one ending this June, the Supreme Court will have decided several important employment labor cases. The speaker explains the holdings and what we (lawyers and non-lawyers) need to know. Arb. Steve Befort Recess until 7:30 a.m. the following morning. Friday, September 11, :30-8:00 a.m. Continental Breakfast 8:00-8:30 a.m. Steelworkers Trilogy This landmark ruling is the bedrock for arbitration law and Supreme Court decisions since. Arb. Ted St. Antoine 8:30-10:00 a.m. Discipline & Discharge: Cases from 2015 The panelists discuss actual cases in these hot areas: sexual harassment, threats, off-duty misconduct, dishonesty & drug-testing. The highlight of the session is hearing how arbitrators apply the arbitral principles in the context of interesting cases. Panel: Arbs. St. Antoine, Knapp, Kagel, Cameron & Befort 10:00-10:15 a.m. Break 10:15-10:45 a.m. Fundamental Fairness A company disciplines all three employees because it s not sure which one should take the blame. Another employer finds a forgotten rule which the employee, with a bad record anyway, violated. Still another employer imposes harsher Register Early & Save With 13 hours of instruction, the program offers one of the best values in continuing education. You save not only in dollars, but in time saved when you face your next case. The cost is $625, but if you register before May 29, 2015, the cost is $550. This fee covers admission to all sessions, course materials, two continental breakfasts and the mid-day breaks. For more information, please call the Labor Arbitration Institute at You can also register on-line at or fax the registration form to Don t miss out San Francisco is the place to come for this training. For more information, us at customerservice@laborarb.com

5 discipline on the second employee for violating a rule under the same circumstances, but with more serious consequences. Which of these violate the due process doctrine? Quite possibly all of them. Arb. John Kagel 10:45-11:30 a.m. Contract Interpretation The principles go back hundreds of years, and is the training which all arbitrators receive. A new lecture on the principles, especially those which are commonly applied to the collective bargaining agreement. Arb. Chris Cameron 11:30 a.m.-12:00 Noon Contract Interpretation: Applying the Rules One of the best ways to understand contract law is to hear the case, dissect the facts, and evaluate the merits of the arguments. Each case in this session can be quickly comprehended. Arbs. Knapp, Kagel, Cameron, & Befort 12:00-1:00 p.m. Lunch (on your own) 1:00-1:45 p.m. Contract Interpretation: Applying the Rules, continued The arbitrators discuss more contract law principles in the context of actual cases. Panel: Arbs. Kagel, Knapp, Cameron & Befort 1:45-2:15 p.m. Past Practice Why does Past Practice get mis-cited so often? A new presentation on the fault-lines in this doctrine. Arb. Andria Knapp 2:15-2:30 p.m. Break 2:30-3:30 p.m. FMLA and the ADA The speaker is editor of the ABA Journal of Labor and Employment Law and one of the foremost authorities in the country on both federal laws. An update on the changes and challenges. Arb. Steve Befort 3:30 p.m. Adjournment CLE and HRCI credits Earn credits that are affordable, improve your skills, and add to your knowledge base. Attorneys will earn between 12 and 16 credits, depending on the state. Please indicate on the registration form the state(s) in which you hold a license. This program has been approved for 13 recertification credit hours through the HR Certification Institute. For more information about certification or recertification, please visit the HR Certification Institute homepage at 5 The use of this seal is not an endorsement by HR Certification Institute of the quality of the program. It means that the program has met HR Certification Institute s criteria to be pre-approved for recertification credit.

6 Labor Law & Labor Arbitration Thursday-Friday, September 10-11, 2015 Park Central Hotel 50 3rd St San Francisco, CA Registration Options Register online at Complete this form and scan/ to Complete this form and fax to Complete this form and mail to: Labor Arbitration Institute 205 Water St S Northfield MN For more information, call Name Name Title Title Organization Address City State Zip Zip+4 Telephone (include area code) PRIVACY POLICY: The address you provide is only used by the Labor Arbitration Institute (LAI). LAI does not sell or share its lists, or any customer lists. TUITION: $ per registrant (if registering before May 29, 2015) $ per registrant (if registering after May 29, 2015) PAYMENT Check Enclosed $ Credit Card Payment $ Card Number (VISA, MasterCard or American Express) Exp. Date: ; Cardholder Signature Payment must accompany registration, unless other arrangements are made ahead. Please call the conference registrar at for details. Checks may be made payable to Labor Arbitration Institute. HOTEL ACCOMMODATIONS A block of sleeping rooms has been reserved at the conference site, the Park Central (the former Westin). The Park Central is one of the leading hotels of San Francisco. It is next to Moscone Center. Nearby are Union Square, Financial District, Fisherman s Wharf and Chinatown. The group rate is $259 single or double. Please call the Park Central at and indicate you are attending the Labor Arbitration Institute conference. Please make your room reservation as early as possible. The hotel releases the sleeping room block for sale to the general public on August 10, The block may sell-out some weeks before that date, so we encourage early reservations. If your plans change, room reservations can be cancelled without penalty, if done 72 hours before the check-in date. MISCELLANEOUS I am an attorney and request CLE credits for the state of. The Labor Arbitration Institute certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 13 hours. The Labor Arbitration Institute is an accredited provider in Illinois and Pennsylvania. This activity is also approved in other states. Please let us know in which state(s) you hold a license. I cannot attend, but please send me information on future conferences.