February 2008 Comments from the Chair
The Midwinter meetings of our Section Committees are in full swing, but there is still time to plan to attend a meeting. The meetings provide excellent opportunities to hear the latest developments from knowledgeable practitioners and to get to know your colleagues from all constituencies and government agency representatives in areas in which you practice. Complete information about registration and the meeting agendas is on the Section website.
One of the very rewarding programs sponsored by the Section is the Annual Student Trial Advocacy Competition, just completed the last weekend of January in Chicago. Six finalist teams remained from 53 teams that began the competition...
Annual CLE Conference

News
Trial Advocacy
Trial Advocacy Teams Brave Chilly Temps to Compete in National Finals
Chilly temperatures did not dampen the spirits of law student competitors at the ABA Section of Labor & Employment Law national trial advocacy competition finals in January. Six teams of finalists traveled from all over the United States to the American Bar Association's hometown of Chicago to meet and compete at the venerable Dirksen Federal Courthouse.
The final to decide the best team in the nation was presided over by the Hon. Rebecca Pallmeyer, presiding judge at Illinois Governor George Ryan's trial and conviction on corruption charges. The competition attracted other dignitaries: Dick Devine, Former Illinois States Attorney, served as a trial evaluator.
After three challenging rounds, including a split verdict in the semi-final, two law school finalists emerged: Northwestern University and Pepperdine University. The two teams battled until the very end, with Pepperdine narrowly edging out Northwestern in a split verdict. Congratulations to the champion Pepperdine team and to all team members and coaches who prepared very worthy prosecution and defense arguments.
The 2007 trial advocacy competition was made possible by the contributions of the Section's Trial Advocacy / Moot Court Competition Committee and its Regional Co-Chairs, Joe Tilson and Mike Posner. The competition was also made possible by the many Section members donating their valuable time to serve as judges and evaluators. If you are interested in serving as a judge or evaluator at the 2008 trial advocacy competition, please contact the Section office at meachamc@staff.abanet.org.
Hot Topic
2007 Annual CLE Conference Hot Topic
As a part of its Hot Topic series, the Flash will highlight at least one special substantive presentation from the Annual CLE each month leading up to the Colorado Conference.
Companies that enter into contracts with the federal government are subject to a number of special provisions concerning their employment practices. Those requirements that relate to equal employment opportunity and affirmative action are Executive Order 11246 (the "Executive Order"), Section 503 of the Rehabilitation Act of 1973 ("Section 503"), and §402 of the Jobs for Veterans Act ("Veterans Act"). These laws, which impose both nondiscrimination and affirmative action obligations on holders of covered federal government contracts and subcontracts, are enforced by the Office of Federal Contract Compliance Programs (OFCCP), a branch of the U.S. Department of Labor's Employment Standards Administration.
OFCCP Law Fundamentals | Debra A. Millenson and David S. Fortney
Committee Spotlight
Development of the Law Under the NLRA
The Committee on the Development of Law Under the National Labor Relations Act ("DLL") has been functioning for more than 35 years. The Committee focuses on the substantive law under the National Labor Relations Act. The Committee publishes the treatise The Developing Labor Law, most recently the 5 th Edition in 2006 and the 2007 Supplement to the 5 th Edition. The treatise is considered the primary source for information and current cases egarding labor law questions.
DLL will be holding its Midwinter meeting in Naples, Florida, February 17-20, 2008. There will be presentations each day concerning recent labor law developments. These developments will be addressed by lawyers representing both management and labor and will be accompanied by their scholarly papers. Members of the National Labor Relations Board and the General Counsel of the National Labor Relations Board will address the Committee on their views on current issues of importance to the Committee.
The Midwinter meeting offers the unique opportunity to meet with colleagues, both friend and adversary in a relaxed atmosphere. Attendees will also have the opportunity to speak with the officials from the Agency in a more informal setting. Those who attend the meeting will leave knowing far more about current labor law cases, will have gained insight into the agency and will be reinvigorated returning to their practice all while having fun in a relaxed resort setting.
Practice and Procedure Under the NLRA
The Committee on Practice and Procedure Under the NLRA membership primarily consists of Section members whose practices bring them in regular contact with the National Labor Relations Board, its General Counsel and its Regional Offices. Practice before the Board is actively discussed throughout the year, with the objective of developing a labor-management consensus to address the multitudinous issues and various procedural problems faced by practitioners before the Board. The committee also publishes How to Take a Case Before the NLRB.
Ethics Corner
Federal Court Holds That In-House Counsel Is Able To Serve As Class Representative
A District of Connecticut court recently held that in-house counsel may serve as a class representative in a Title VII gender class action against her employer without violating ethics rules. Schaefer v. General Electric Co., Case No. 3:07-CV-0858, 2008 U.S. Dist. LEXIS 5552 (D. Conn. Jan. 22, 2008). The plaintiff did not rely on confidential information in bringing the claims, and, in any event, was permitted to use confidential information to vindicate her own rights.
Calendar
Midwinter Madness
Workers' Compensation Committee Midwinter Meeting
March 04-07, 2008
Occupational Safety & Health Law Committee Midwinter Meeting
March 04-07, 2008
Railway & Airline Labor Law Committee Midwinter Meeting
March 12-14, 2008
National Conference on Equal Employment Opportunity Law
March 26-29, 2008
Ethics & Professional Responsibility Committee Midwinter Meeting
March 27-29
Employment Rights and Responsibilities Committee Midwinter Meeting
April 02-05, 2008
International Labor Law Committee Midyear Meeting
April 13-17, 2008
Federal Service Labor and Employment Law Committee Midyear Meeting
April 16-17, 2008
Technology in the Practice & Workplace Committee
April 30 - May 02, 2008
Section Newsletter
Published quarterly, the newsletter contains information on current Section projects, recent development and decisions, upcoming educational opportunities, new books, and other news that is of interest to Section members.
Current Issue
| Winter 2008 Volume 36 | No. 2 |
Featured Article
It's a Hit! Philadelphia CLE Conference Surpasses Goals | by: Mark Risk
Publications
Publication Offer
Special Section Member Discounts from the ABA Section of Labor and Employment Law and BNA Books
Save Up to 25% on Main Volumes and Save Up to 60% on Supplements!
Featured Publications

Publication Date: November 2006
Regular Price: $685.00
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How to Take a Case Before the NLRB, Seventh Edition, 2005 Cumulative Supplement
Publication Date: 2005
Regular Price: $395.00
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