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 Labor and Employment Law

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. On a more fundamental level, the program will cover the basic structure and purposes of the NLRA; a discussion of how the NLRA interacts with other employment laws; an examination of the practices followed by NLRB Regional Offices and how lawyers can be more effective in their interactions with the Regional Offices; and a panel debating legislative initiatives. The Traditional Labor Law Track provides stimulating, informative presentations for everyone from the beginning practitioner to the seasoned veteran.

The Track begins on Thursday with the Fundamentals Program, which will have three segments:

I. NLRA Basics: A Short Primer : Experienced union and management attorneys will be joined by the highly respected NLRB Regional Director from the Philadelphia Regional Office for an introductory, nuts-and-bolts session on the basic structure and purposes of the National Labor Relations Act.

II. Labor Law in the World of Employment Law: Building on the review of the fundamentals of the NLRA, panel members will discuss how the NLRA interacts with other employment laws.  This will be of interest to both the novice and the journeyman practitioner.

III. Practicing Under the NLRA: NLRB Regional Offices are allowed a fair amount of leeway in applying and enforcing the Act on a day-to-day basis. This panel will highlight some of the best practices followed by particular Regional Offices, will propose others that could or should be adopted, and consider the impediments to more widespread utilization of these practices. All practitioners will gain insights into how to interact more effectively with the Regional Offices.

The Track continues with the traditional NLRB Update. Come hear the NLRB's General Counsel present his views on the cutting-edge labor law issues that his office has elected to pursue - or not to pursue - and join in a discussion and critique led by experienced representatives of the union and management bar.

The Track moves on to A Dialogue with the National Labor Relations Board: Come and meet the Board Members and hear their perspectives on the past year’s prominent decisions and important issues currently facing the NLRB. This is a key opportunity to engage in dialogue with Board Members about precedent and labor management policy issues. Following the Board’s comments a panel of prominent management and union attorneys will react to the Board’s comments and provide their perspective on important issues facing the NLRB.

Friday begins with an Oral Argument of a case before the National Labor Relations Board: This presents a rare opportunity for attendees of the Section Continuing Legal Education conference to observe an oral argument before the National Labor Relations Board. This is not a simulation; the Board will hold an oral argument in a pending case at Philadelphia City Hall (Courtroom 653), which will allow attendees of the conference to observe. Come to see and hear the argument, and stay after the argument to hear the lawyers involved in the argument give their perspective on preparing for and arguing a case before the NLRB.

The track then moves to a view of the future with Change the Labor Laws? A Discussion: The results of the November 2006 elections sent shock waves through many communities, including our own world of labor-management relations. This panel will examine, debate and encourage discussion of the merits of the legislative initiatives that have arisen during the 2007 Congressional Session and may arise in the future, including the Employee Free Choice Act, the RESPECT Act, and others. The discussion will inevitably include a lively debate about the underlying issues, including card checks, mandatory arbitration and the role of the FMCS.

The Track concludes with a look to the past in A Retrospective On The 60 th Anniversary Of The Taft Hartley Act in which the current NLRB General Counsel and all available former General Counsels offer historical perspectives and experiences over the 60 years of operating under this piece of federal labor legislation and thoughts on what the future may hold.

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