4 Days $1,880
2 Days $1,070
1 Day $750
Labor law can sometimes seem like a free-for-all. However, this course will cover everything the federal sector practitioner in labor law needs to know, including ULPs, negotiability, arbitrations, exceptions to awards, and access to information, including what each side needs to present its case and how to obtain it.
Day 1 - Monday, June 24
- Recent Developments in FLRA Case Law & Court of Appeals Decisions
- Preempting and Preventing Union Grievances: This session will provide federal agencies with ideas to prevent grievances and, ultimately, to enable the agency to defend itself in the event a grievance is filed (including documenting issues, identifying the need to negotiate over changes--such as impact and implementation bargaining, disseminating information to employees, and providing communications in writing to employees)
- Threshold Issues at Arbitration: Arbitrability/Negotiability
- Engaging in Discovery Before Arbitration: This session will cover the process for propounding and responding to information requests before arbitration
- Dispositive Motions in Arbitration (Yes, You Can File Them)
- Practical Tips for Arbitrating an Unfair Labor Practice Charge: This session will provide practitioners with specific tips to prepare for arbitration, including how to rebut testimony of witnesses whose testimony is unknown
- Protected Activity Under Section 7102 of the FLRA: This session will explore what constitutes protected activity under Section 7102 of the FLRA, as well as compare these protections with those available to private-sector employees under Section 7 of the NLRA. May want to discuss developing interpretations in light of Allstate Maintenance, 367 NLRB 68 (January 11, 2019), overruling WorldMark by Wyndham, 356 NLRB 765 (2011))
Day 2 - Tuesday, June 25
- Navigating the FLRA’s E-filing System: This session will guide new users through the process of the FLRA’s E-filing system, launched in 2018
- Damages And Remedies at Arbitration: This session will cover the relief to which a prevailing party may be entitled at arbitration, and will also discuss the limitations on arbitrators’ awards, including but not limited to those that may be imposed by the CBA
- Avenues for Pursuing Unfair Labor Practices In the Current Climate: This session will provide a summary of the challenges currently facing parties who wish to file ULPs with the FLRA, as well as strategies to seek relief for these complaints. *Focusing on the fact that the FLRA doesn’t have a General Counsel, options for filing in court, overcoming arguments re: failure to exhaust administrative remedies
- Challenging An Arbitrator’s Award: Attendees will learn about the procedures for challenging an arbitrator’s decision, including filing exceptions with the FLRA, as well as the bases and standards for reviewing an arbitrator’s award
- Weingarten, Garrity, and Loudermill Rights: What They Are and Why They Matter: This session will discuss rights available to public sector employees, including bargaining unit-eligible employees. Attendees will learn about each right, including when it is triggered and what it means for questioning, investigating, and disciplining a Union employee
- The Allen Factors Under Attack: This session will cover recent efforts by the FLRA to change how arbitrators evaluate the attorneys’ fees a prevailing party should recover in the context of federal collective-bargaining
- The Federal Service Impasses Panel: Attendees will learn about the FSIP, its role in resolving impasses, and how to get the most from it
- Impact and Implementation bargaining vs. substantive bargaining: What does it mean? When is it triggered?
This course will walk through how ER professionals can provide effective advice to managers without stepping into the role of a decision-maker. The instructors will cover how to prepare a case to withstand scrutiny before the MSPB, how to help managers distinguish between concerns of performance versus conduct, performance improvement plans, charges and penalties, progressive discipline, how to identify similarly situated employees, best practices for providing advice to managers, and negotiating agreements. The course will also cover how to provide ER advice to supervisors on holding employees accountable where the employee has filed an EEO complaint or has a disability.
Day 3 - Wednesday, June 26
- Case Law Update: What’s new from the Federal Circuit: A review of significant decisions
- The Fundamentals of Charging Misconduct: The basics and fundamentals, the rules, the pitfalls & the five keys to not stepping in them
- Drafting the Proposal and the Decision Notices: Using Advanced Power Charging Techniques: Picking the correct charge, drafting the charge and matching the specification; getting the biggest bang for the buck
- Penalty Law and How to Sell the Penalty: From working with deciding officials to selling the judge: Drafting the notices, noticing and discussing aggravators, working with deciding officials, and the key Q&As for direct and cross on penalty
Day 4 - Thursday, June 27
- Affirmative Defenses & Harmful Procedural Error: Dealing with due process challenges in the wake of Boss; affirmative defenses of disability and discrimination under Savage and related Board decisions
- Mastering Chapter 43 Unsatisfactory Performance Actions: Gain a command of all the nuances: From performance standards, PIPs, 43 process and procedures versus 75 process and procedures
- What’s New in Whistleblower Protection Law & Election of Remedies: Election of remedies; Kirkpatrick Whistleblower Protection Act of 2017 (targeting managers for retaliating against federal whistleblowers); Whistleblower Protection Enhancement Act of 2017
- Panel: Pulling it All Together at the Board: The Nuances, the Realities: The nuances and realities of MSPB pre-hearing and hearing practices
*Each day includes a one-hour on-your-own lunch break.