National Labor Relations Act: A Fresh Look at Basic Law and Procedures
Fogelman Executive Conference Center
Friday, September 19, 2008
5.4 CLE Credit Hours have been requested from 60-minute states
6.5 CLE Credit Hours have been requested from 50-minute states
About the Program
On Friday, September 19, 2008 the American Bar Association Section of Labor and Employment Law, in conjunction with the Labor and Employment Section of the Memphis Bar Association, will present a one-day institute on basic law and procedures concerning the National Labor Relations Act. Experienced National Labor Relations Board staff, management, and union attorneys will make presentations providing a practical approach to handling labor cases.
Who Should Attend
The program is designed to benefit attorneys, consultants and other professionals involved in National Labor Relations Act practice. The conference is not limited to members of the sponsoring organizations.
Program Materials
Online program materials will be available to all attendees one week prior to the program. Please provide us with your e-mail address on the registration form so you can receive your materials.
Agenda
| 8:30 – 9:00 | Registration Begins |
| 9:00 – 9:10 | Welcome and Introductions NLRB: Ron Hooks, Regional Director, NLRB, Region 26, Memphis, TN Employer: Mike Zinser, The Zinser Law Firm, Nashville, TN Union: Deborah Godwin, Godwin, Morris, Laurenzi & Bloomfield, PC, Memphis, TN Neutral: Professor Ernie Lidge, University of Memphis Law School, Memphis, TN |
| 9:10 – 10:00 | Section 7 Rights/Protected Concerted Activity Employer: Mike Zinser, The Zinser Law Firm, Nashville, TN Neutral: Dottie Wilson, Regional Attorney, NLRB, Memphis, TN Union: Betsy McKinney, Godwin, Morris, Laurenzi & Bloomfield, PC, Memphis, TN Cases: The Guard Publishing Company d/b/a The Register-Guard, 351 NLRB No. 70 (2007) Employer’s prohibition of e-mail use for “all non-job related solicitations” including Section 7 activity not violative of the Act. Metro Transport LLC, 351 NLRB No. 43 (2007) Employees’ walkout in protest of supervisor’s discharge is not protected activity. Five Star Transportation Inc., 349 NLRB No. 8 (2007) Content of letters written by bus driver employees who question the selection of new bus contractor is determinative of whether letter writing activity constitutes protected concerted activity. |
10:00- 10:15 |
Break |
10:15- 11:00 |
Unions and the Duty of Fair Representation Union: Deborah Godwin, Godwin, Morris, Laurenzi & Bloomfield, PC, Memphis, TN Neutral: Susan Greenberg, Senior Field Attorney, NLRB, Memphis, TN Employer: Robin Hutton , Weintraub, Stock & Grisham, Memphis, TN Cases: Teamsters Local Union No. 579 (Chambers & Owen. Inc.) 350 NLRB No. 87 (2007) Union violated its duty of fair representation by failing to provide non-member Beck objectors with information relating to Union affiliate expenditures at the objection stage and prior to receipt of an objector’s challenge. Teamsters Local 75 (Schreiber Foods) 349 NLRB No.14 (2007) Union did not unlawfully charge non-member Beck objectors for Expenses incurred in organizing employees in the public sector. Union did violate duty of fair representation by charging objectors for expenses incurred organizing employees of their employer’s competitors. Teamsters Local 688 (Frito-Lay, Inc.) 345 NLRB 1150 (2005) Union unlawfully threatened and fined members for failure to honor third party picket line. |
11:00- 11:50 |
Recent Developments Involving the NLRB Ronald Meisburg, General Counsel NLRB, Washington DC |
11:50- 12:50 |
Lunch |
1:00 - 2:00 |
Collective Bargaining – Rights and Obligations Employer: Steve Shields, Jackson, Shields, Yeiser, Holt and Speakman, Cordova , TN Neutral: Tamra Sikkink, Senior Field Attorney, NLRB, Memphis, TN Union: Lynn Agee, Agee Law Group, Nashville, TN Cases: Hacienda Hotel, Inc. Gaming Corp. d/b/a Hacienda Hotel and Casino 351 NLRB No. 32 (2007) Employer not obligated to bargain over decision to unilaterally cease dues check-off deductions following expiration of bargaining agreement. Raymond F Kravis Center for the Performing Arts 351 NLRB No. 19 (2007) Employer not privileged to refuse to recognize and bargain with incumbent union after merger/affiliation based on merger/ affiliation not being conducted with adequate due process. Shaw’s Supermarkets, 350 NLRB No. 55 (2007) Presents issue of whether employer may withdraw recognition after three years of a contract of longer duration when presented with petition. Provena Hospitals, 350 NLRB No. 64 (2007) Board adheres to traditional clear and unmistakable waiver standard in assessing whether employer’s unilateral actions violated the Act. |
2:00 – 3:00 |
Developments in Representation and Unfair Labor Practice Procedures Employer: Jonathan Kaplan, Kiesewetter, Wise, Kaplan & Prather, Memphis, TN Neutral: Rosalind Eddins, Deputy Regional Attorney, NLRB, Memphis, TN Union: Jan Jennings, Branstetter, Stranch & Jennings, Nashville, TN Cases: Dana Corporation 351 NLRB No. 29 (2007) New procedure requires employee notification and opportunity to petition for an election before voluntary recognition can serve as an election bar. St George Warehouse 351 NLRB No.42 (2007) Respondent has burden of persuasion when alleging failure to mitigate by making a reasonable search for work. Once evidence of substantially equivalent jobs is produced, General Counsel has burden of producing evidence of adequate job search. Truserve Corporation 349 NLRB No. 23 (2007) Board reverses precedent and holds that decertification petition filed after alleged unfair labor practices and before settlement of charges not subject to dismissal where no finding or admission of wrongful conduct. The Carney Hospital 350 NLRB No. 16 (2007) Board announces new guidelines in applying second prong of “closely related” test to otherwise section 10(b) time barred allegations and overrules Ross Stores, 329 NLRB 573 (1999) |
3:00- 4:00 |
Hot Topics Employer: Jeff Weintraub, Weintraub, Stock & Grisham, Memphis, TN Neutral: Ernie Lidge, Professor, Cecil C. Humphreys School of Law University of Memphis Union: Samuel Morris, Godwin, Morris, Laurenzi & Bloomfield, PC, Memphis, TN Cases: B E & K 351 NLRB No. 29 (2007) The filing and maintenance of a reasonably based lawsuit does not violate the Act, regardless of whether lawsuit is ongoing or completed and regardless of motive for initiating lawsuit. Toering Electric, 351 NLRB No. 18 (2007) Board announces standard for determining when applicant meets statutory definition of employee and the burden of the General Counsel in proving standard has been met. B P Amoco Chemical-Chocolate Bayou 351 NLRB No. 39 (2007) employee’s execution of termination agreements in exchange for enhanced severance benefits constituted a waiver of right to file unfair labor practice charges. Oil Capitol, 349 NLRB No. 118 (2007) Board announces new evidentiary standards to determine the duration of the back pay period for “salt” discriminates. Jones Plastic and Engineering Company 351 NLRB No.11 (2007) Employer lawfully declined to reinstate economic strikers because they had been permanently replaced by employees hired on an at-will basis. Anheuser-Busch, Inc. 351 NLRB No. 40 (2007) Employees disciplined for misconduct discovered by unlawful unilaterally installed surveillance cameras not entitled to make-whole remedy based on Section 10(c) of the Act. |
Program and Registration Information
Location
Fogelman Executive Conference Center
330 Innovation Drive
Memphis, TN, 38152
Registration
We request that all registrations be made in advance of the program. The advance registration deadline is Friday, September 12, 2008.
Program registration and credit card payments are accepted for online registration. You may also download the registration form and mail or fax it to the ABA Section of Labor & Employment Law, 321 North Clark Street, Chicago, IL 60610, (fax, 312/988-5814).
On-Site Registration
Program registration will begin at 8:30 a.m. on the morning of the program. If you plan to register at the door, please call 312/988-5591 to confirm space availability. Failure to call in advance may result in not being admitted to a sold out program.
CLE Credit
Required sponsor documentation has been forwarded to the MCLE Department. MCLE credit has been requested from all states with MCLE requirements. The sponsor has requested 5.4 CLE credit hours from those states recognizing a 60-minute credit hour and 6.5 CLE credit hours from those states recognizing in 50-minute credit hour. Program faculty are practicing attorneys licensed by their respective state bar associations.
Fees
ABA Section of Labor and Employment Law members: $125; Labor and Employment Section of MBA members: $125; Non-members: $150; Academics and government employees: $95. Printed program books are an additional $45. Registration fees cover attendance, online course materials, lunch and refreshment breaks.
Cancellation Policy
Registrants who are unable to attend the conference will receive a refund, less a $50 administrative fee, if written cancellation is received by Friday, September 12, 2008. Cancellations may be emailed to dalym@staff.abanet.org. Substitute registrants are acceptable in lieu of a refund.
Americans with Disabilities Act
If any special arrangements are required for a physically challenged individual to attend the program, please contact Meaghan Daly at 312/988-5591.
