IN FOCUS

Comments from the Chair Patricia Costello Slovak It is truly a pleasure to be writing my final “Comments from the Chair” for a Flash which profiles my home committee – Development of the Law Under the National Labor Relations Act, affectionately known as “DLL.” As you can see from the committee profile and traditional labor track scheduled for the Section CLE Conference in Philadelphia, DLL is a vibrant committee which continues to be an essential part of the Section. Read more >>

Track of the Month: The Traditional Labor Law Track
There’s something for everyone in the Traditional Labor Law Track. From Fundamentals programs designed for attorneys who need to have a basic knowledge of Traditional Labor Law in their practice, to the opportunity for experienced labor practitioners to interact directly with officials of the National Labor Relations Board. Programs will include sophisticated and unique presentations consisting of an oral argument of an actual case before the NLRB; a dialogue with NLRB Members about the past year’s leading decisions; a review by the NLRB's General Counsel of the cutting-edge issues he is facing; and a retrospective presented by former NLRB General Counsels offering historical perspectives on federal labor legislation. Read More >>

Previous Tracks of the Month

• The Consulting Track: Don’t Worry— My Lawyer Will Know the Answer
• The Litigation Track: I Will See You in Court

Committee on The Development of the Law under the National Labor Relations Act
The committee is one of the oldest and largest committees in the Section. It informs its membership of the developing case law under the Act and seeks the orderly and equitable development of that law. The committee is responsible for the publication of The Developing Labor Law: the Board, the Courts and the National Labor Relations Act , a comprehensive treatise for labor law practitioners, and the annual supplements thereto. View Committee Homepage >>

Featured Committee Newsletter Article
If you are a labor lawyer who combines the desire and ability to relax with agreeable colleagues, with being informed in depth and engaging in intellectual debates on the latest developments in labor law, then the Committee on The Development of the Law under the National Labor Relations Act (“DLL”) is the committee for you. Read More >>

Concerted Activity - The Intersection Between Political Activity and Section 7 Rights*
Rallies to dramatize the role of the immigrant worker in the United States brought to the forefront an ongoing issue under the National Labor Relations Act – When are political actions sufficiently related to workplace concerns that they are protected concerted activities under Section 7 of the Act? Distinguished management and union counsel examine and discuss this timely topic. Read More >>

The Board’s Post-Kentucky River "Supervisor" Decisions: Possible Implications In Other Knowledge-Based Industries*
In these paper, distinguished union and management lawyers examine the NLRB’s trilogy defining “supervisor” under the NLRA. They examine the decisions and provide guidance regarding the possible future impact of these decisions. Read More >>

*Presented at the 35 th Annual Midwinter Meeting of the Committee on the Development of the Law under the National Labor Relations Act, March 5, 2007.

Oil Capitol Sheet Metal, Inc., 349 NLRB No. 118
In Oil Capitol Sheet Metal, Inc., the National Labor Relations Board, in a 3-2 decision with Members Liebman and Walsh dissenting, announced new evidentiary standards for determining the duration of the backpay period when the discriminatee is a “salt.” Where the evidence establishes that the discriminatee is a “salt,” the Board will no longer apply a presumption of indefinite employment. Read More >>

Long Island Care at Home, Ltd. v. Coke, ___ S.Ct. ____ (2007)
This case presents a question about the Fair Labor Standards Act (“FLSA”) coverage of a “companionship services” worker who is employed by a third party, as opposed to those employed by the family or household of the “companionship services” recipient. Read More >>

Beck v. Pace International Union No. 05-1448 Supreme Court, June 11, 2007
In Beck v. PACE International Union, 551 U.S._______ , 05-1448 (Sup. Ct. 2007), the Supreme Court considered whether an employer in bankruptcy that was considering a termination of a pension plan, must merge its plans into an existing multi-employer plan and convey all plan assets to the multi-employer plan, which would be responsible for all plan liabilities. The Court ruled that Crown did not breach its fiduciary duties by refusing to consider the plan merger. Read More >>

Help Bill Gates fill New Orleans Bookshelves!
Even Bill Gates needs help sometimes… and the Section of Labor & Employment Law intends to come through, especially to help rebuild the New Orleans Public Library (“NOPL”). Read More >>

The Labor Lawyer
The Labor Lawyer, published three times annually, is a journal of ideas and developments in the field of labor and employment law. Its objectives are to provide practitioners, judges, administrators, and the interested public with balanced discussions of developments in all areas of labor and employment law. Current Issue: Volune 22, Number 3 >>

ABA Annual Meeting | Section of Labor and Employment Law
The Section is pleased to announce the activities that it has planned for the 2007 ABA Annual Meeting in San Francisco. As always, we’ll present cutting-edge CLE programs and this year, we are teaming up with a number of other sections to produce co-sponsored programs. We hope that you will be able to join us for the Annual Meeting and enjoy some great CLE programming. Updated Section Program Agenda >>

Save The Dates: 2008 Committee Midwinter Meeting Schedule
The Section’s midwinter meetings will be loaded with substantive programs on hot topics, current developments, and recent decisions, presented by experts in their respective fields. All committee midwinter meetings are eligible for CLE credit; some fulfill a year’s requirement in many states. Section Calendar >>

Frances Perkins Public Service Award Nomination Deadline Extended
The Section needs nominees for this year's Perkins Award! The Pro Bono Committee has extended the period for submitting nominations for the Award. Nominations should now be submitted by August 15, 2007. To find out more about the Perkins Award, requirements for nomination, and profiles of past recipients, please see the Pro Bono Committee Homepage. Frances Perkins Public Service Award >>

CALENDAR

ABA Annual Meeting
Section of Labor and Employment Law
Grand Hyatt Hotel | San Francisco, CA
August 10-12, 2007

ABA Annual Meeting
August 9-14, 2007
San Francisco, CA

Federal Labor Standards Legislation Committee Fall Meeting
September 28, 2007
Washington, DC

18th Annual National Institute on Health and Welfare Benefit Plans: Responding to Change
October 15-16, 2007
Arlington, VA

The Supreme Court: Good for Business?
October 17, 2007
Teleconference

National Labor Relations Act Basic Law & Procedure
October 26, 2007
Cleveland, OH

17th Annual National Institute on ERISA Litigation
November 1-2, 2007
Chicago, IL

Section of Labor and Employment Law Annual CLE Conference
November 7-10, 2007
Philadelphia, PA

Full Section Calendar >>

Law Student Liaison Program Information and Application
As part of the Section’s ongoing efforts to involve law students in Section activities, the Section is appointing law student liaisons to selected Section committees. Read More >>

Law Students Earn Awards for Coordinating Labor and Employment Law Programs
Each year, two students are recognized for their assistance with the Section's Law Student Outreach Programs. Read More >>

Fourth Annual Trial Advocacy Competition
In November, teams of law school students will conduct trials of an employment case before Section members serving as judges and jurors in the Section's 2007 Student Trial Advocacy Competition. Read More >>

Law Student Liaison to Section Standing Committees Application | August 15

Frances Perkins Public Service Award Nominations | Extended: August 15

The Labor Lawyer 2007 Student Writing Competition | August 31

Young Lawyers Division Fellowship Program Applications | August 31