54 th Annual Course on Labor Law and Labor Arbitration



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54 th Annual Course on Labor Law and Labor Arbitration 54 th Annual Course on Labor Law and Labor Arbitration May 9-12, 2016 The Center for American and International Law Plano, Texas Register before April 22 to receive a discount. Register Now! cailaw.org Highlights Include The Representation Process in Practice Recent Labor Law Developments Affecting Non-Union Employers Luncheon Presentation by NLRB General Counsel, Richard F. Griffin, Jr. Three hours of ethics This program is designed to fully satisfy the Texas Board of Legal Specialization requirement for NLRA credit for the current application filing period. MCLE credit will be available

54 th Annual Course on Labor Law and Labor Arbitration SCHEDULE May 9 Conference Co-Chairs Professor Douglas E. Ray St. Thomas University School of Law Miami Gardens, Florida A. John Harper III Shareholder Littler Mendelson P.C. Houston, Texas Rod Tanner Tanner and Associates P.C. Fort Worth, Texas The Center for American and International Law offers this intensive basic course on labor law and labor arbitration, emphasizing the legal framework within which employers, unions, and individual employees pursue their interests. It is designed to be a practical guide for the practice of labor law. LABOR LAW Most of the program features instruction on the basic aspects of labor law, with concentration on the National Labor Relations Act and collective bargaining contracts negotiated under the Act. Included in the broad range of topics are: The Representation Process Economic Pressure Including Strikes and Lockouts Negotiation of Collective Bargaining Agreements LABOR ARBITRATION Part of the program focuses on the process of arbitrating grievance disputes under collective bargaining agreements. Lecture Outlines and Reference Book: A materials notebook and the principal text (Understanding Labor Law, 2014 Edition, co-authored by Douglas E. Ray, the Co-Chair of this program) will be distributed at the course and are included in the price of the course. MONDAY, MAY 9 8:30 REGISTRATION AND CONTINENTAL BREAKFAST 9:00 THE ROAD TO REPRESENTATION UNDER THE NLRA The NLRA and NLRB: NLRA Coverage; the election process including petitions, access to property, election prerequisites, appropriate bargaining units, voter eligibility and post-election proceedings. Christopher David Ruiz Cameron, Professor of Law, Southwestern Law School, Los Angeles, California Co-Author, Labor Management Relations: Strikes, Lockouts and Boycotts (Thomson/West 2015-16) Co-Author, Labor Law in the Contemporary Workplace (West 2d ed. 2014) 12:00 LUNCH (Provided) 12:45 THE ROAD TO REPRESENTATION UNDER THE NLRA (Continued) Pre-election activity and employee rights, employer and union interference with the election process, unlawful discrimination and discharge issues, bargaining orders, voluntary recognition, employer domination and unlawful assistance issues, and the Top Ten Developments in Labor and Employment Law for 2016. Professor Cameron 3:30 THE REPRESENTATION PROCESS IN PRACTICE (Facilitated Discussion, includes a 15 minute break) Moderator: Martha Kinard, Regional Director, NLRB Region 16, Fort Worth, Texas Panelists: Glenda Pittman, Glenda Pittman & Associates, P.C., Austin, TX A. John Harper III, Conference Co-Chair, Littler Mendelson, PC, Houston, Texas Ofelia Gonzalez, Assistant to the Regional Director, NLRB, Region 16, Fort Worth, Texas 5:15 RECESS AND WELCOMING RECEPTION

SCHEDULE May 10-12 TUESDAY, MAY 10 8:30 NEGOTIATION OF COLLECTIVE BARGAINING AGREEMENTS Majority rule and exclusive representation, good faith concepts generally, duty to furnish information, unilateral action, subjects of bargaining, mid-term bargaining and duration of bargaining duty. 10:45 BREAK Michael Z. Green, Professor of Law, Texas A&M University School of Law, Fort Worth, Texas Editor, The Challenge for Collective Bargaining: Proceedings of the New York University 65th Annual Conference on Labor (LexisNexis 2014) 11:00 STRIKES & LOCKOUTS Legal status of strikes and picketing, rights of strikers, unprotected concerted activities, employer responses to concerted activity, lockouts, unlawful strikes and picketing. Brett Glass, Director of Labor Relations, Dr Pepper Snapple Group, Plano, Texas Rod Tanner, Conference Co-Chair, Tanner and Associates, PC, Fort Worth, Texas 12:00 LUNCH (Provided) 12:30 STRIKES & LOCKOUTS Continued 1:30 BREAK Mr. Glass and Mr. Tanner 1:45 SECONDARY BOYCOTTS & HANDBILLING Secondary activity, corporate campaigns, consumer picketing, and handbilling. Douglas E. Ray, Conference Co-Chair, Professor of Law, St. Thomas University School of Law, Miami Gardens, Florida Co-Author, Labor Management Relations: Strikes, Lockouts, and Boycotts (Thomson/West 2015-16) Co-Author, Understanding Labor Law (LexisNexis 2014) Member, National Academy of Arbitrators 4:00 PRACTICAL BARGAINING TIPS Moderator: Professor Ray Mr. Glass Mr. Tanner 5:00 RECESS WEDNESDAY, MAY 11 9:00 NLRB INVESTIGATIONS AND TRIALS IN UNFAIR LABOR PRACTICE CASES 10:30 BREAK Timothy Watson, Regional Attorney, NLRB Region 16, Fort Worth, Texas 10:45 ETHICAL CONSIDERATIONS IN NEGOTIATIONS, NLRB REPRESENTATION, AND UNION RELATIONS 12:00 LUNCH Stephanie K. Osteen, Jackson Walker L.L.P., Dallas, Texas David K. Watsky, Lyon, Gorsky, Gilbert & Livingston, L.L.P., Dallas, Texas 12:45 ETHICAL PRACTICE BEFORE THE NLRB 1:30 BREAK Jamal M. Allen, Ethics Counsel, National Labor Relations Board, Houston, Texas 1:45 AVOIDING FLSA TRAPS: COMMON WAGE AND HOUR ISSUES IN UNION AND NON UNION SETTINGS Mark Shank, Gruber Elrod Johansen Hail Shank LLP, Dallas, Texas 2:30 ENFORCING THE LABOR AGREEMENT THROUGH LABOR ARBITRATION: LAW AND ADVOCACY 5:00 RECESS Professor Ray THURSDAY, MAY 12 3:45 BREAK

SCHEDULE May 12 8:45 OVERVIEW OF THE RAILWAY LABOR ACT RLA 10:15 BREAK A. John Harper II, Littler Mendelson P.C., Houston, Texas 10:30 WHO IS AN EMPLOYEE AND EMPLOYER UNDER THE NLRA? RECENT DEVELOPMENTS AFFECTING FRANCHISES, STAFFING AGENCIES, COLLEGE ATHLETES, AND OTHERS Arthur Carter, Littler Mendelson, PC, Dallas, Texas 11:30 MEET AND GREET GENERAL COUNSEL RICHARD F. GRIFFIN, JR. 12:00 LUNCH (Provided) 1:00 RECENT DEVELOPMENTS AT THE NATIONAL LABOR RELATIONS BOARD (Introduction by Martha Kinard, Regional Director, NLRB Region 16, Fort Worth, Texas) Richard F. Griffin, Jr., General Counsel, National Labor Relations Board, Washington, D.C. 2:00 RECENT LABOR LAW DEVELOPMENTS AFFECTING NON UNION EMPLOYERS: HANDBOOKS, INVESTIGATIONS, SOCIAL MEDIA, AND MORE 3:00 BREAK John M. Farrell, K&L Gates LLP, Dallas, Texas Founded in 1947 by Robert Storey, Dean of the Southern Methodist University School of Law, The Center for American and International Law (CAIL) is a nonprofit educational institution dedicated to improving the quality of justice through continuing education to lawyers and law enforcement officials in the United States and throughout the world. Much of CAIL s work is accomplished through its five educational institutes: Institute for Energy Law Southwestern Institute for International and Comparative Law Institute for Transnational Arbitration Institute for Law and Technology Institute for Law Enforcement Administration Today, tens of thousands of lawyers and law enforcement officers from all 50 states and 130 countries have participated in CAIL s high quality, cutting-edge programs. Find out more at cailaw.org Sponsored by 3:15 PRACTICAL ETHICAL CONSIDERATIONS OF EMPLOYER INVESTIGATIONS & CONFIDENTIALITY INSTRUCTIONS Michael P. Maslanka, Assistant Professor of Law, UNT Dallas College of Law, Dallas, Texas Author, Maslanka s Texas Field Guide to Employment Law: FLSA, FMLA, ADA, Texas Labor Code (American Lawyer Media 2016) 4:15 PREDICTING THE FUTURE AND PROGRAM RECAP (Facilitated discussion) Moderator: Alex Stevens, Haynes and Boone, LLP Dallas, Texas RTA Tanner and Associates, PC In-Kind Sponsor 4:45 ADJOURN

REGISTRATION 54 th Annual Course on Labor Law and Labor Arbitration May 9-12, 2016 at The Center for American and International Law Plano, Texas Registration includes the conference, course materials, lunches and a reception. This year, the live program materials include post-program online access to videos of the presentations. Multiple Registrants from the same organization: Please contact Natalia for special pricing for tuition levels $1,100 and higher - nkolakowska@cailaw.org or 972.244.3408. Check applicable box: Received by 4/22/16 Received after 4/22/16 Regular registration fee $1295 $1345 CAIL Member or Member $1145 $1195 Employee Government Employee $1195 $1245 Academic Employee $1195 $1245 Non-Profit Employee $1195 $1245 U.S. Law Student (J.D.) $300 $350 Attend Meet & Greet $35 $50 Thursday lunch only (no materials) Materials Only $1100 $1200 I will not be attending the conference (includes post-program online access to the videos) Name Badge Name (if different than above) Firm/Company/Organization Address City, State, Postal Code, Country Phone Fax Email PAYMENT INFORMATION Check enclosed payable to: The Center for American and International Law Credit Card: Mastercard Visa AMEX Discover Card number Exp date Name on card Billing address (if different than above address) Signature 4 WAYS TO REGISTER ONLINE credit card only www.cailaw.org MAIL check or credit card The Center for American and International Law 5201 Democracy Drive Plano, TX USA 75024 PHONE credit card only 972.244.3404 or 800.409.1090 8:30am-5:00pm CST FAX credit card only 972.244.3401 PAYMENT MUST ACCOMPANY REGISTRATION GENERAL INFORMATION CANCELLATION POLICY: Tuition, less a $50 cancellation fee, will be refunded if written cancellation is received by April 22, 2016. E-mail cancellation notice to lgaspar@cailaw. org. After this date, no refunds, but substitution of attendees for this program will be permitted. Registrants not entitled to a refund will receive the course materials. OVERNIGHT ACCOMMODATIONS: The cost of housing is not included in tuition. However, rooms (in limited number) have been reserved at Hyatt Place Plano, 3100 Dallas Parkway, Plano, TX 75093. The last day to obtain this special room rate of $95 + tax is April 23, 2016. Call the Hyatt at 972.378.3997 and ask for group CAILAW Labor Law. NONDISCRIMINATION POLICY: CAIL does not discriminate on the basis of race, color, sex, religion, national origin, age, disability, veteran status or any other protected status in educational activities, scholarship programs or admissions. MCLE CREDIT: This program is approved by the State Bar of Texas for 25.5 hours, including 3 hours of ethics. Course ID Number: 901346467. Credit hours for other states will vary and are subject to each state s approval and credit rounding rules. For this conference, CAIL will directly apply (if requested) for course accreditation in the following states: California, Minnesota, New Mexico, Ohio, Oklahoma, Pennsylvania, Texas and Virginia. Some of these states may not approve a program for credit hours before the program occurs. Attorneys may be eligible to receive CLE credit through reciprocity or attorney self-submission in other states. CAIL conferences are typically accredited by all mandatory CLE states. SPECIALIZATION CREDIT: 1) This program is approved by the Texas Board of Legal Specialization for 25.5 hours in the following areas: Labor and Employment Law, National Labor Relations; and 2) Meets the 24 hr. NLRA requirement for the current TBLS application filing period.

54 TH ANNUAL COURSE ON LABOR LAW AND LABOR ARBITRATION The Center for American and International Law 5201 Democracy Drive Plano, TX USA 75024 Nonprofit Organization U. S. Postage PAID Permit No. 3778 Dallas, Texas PLEASE NOTE: The Center for American and International Law utilizes outside mailing lists. If you receive a duplicate of this announcement, please pass it along to an interested colleague. 54 th Annual Course on Labor Law and Labor Arbitration May 9-12, 2016 The Center for American and International Law Plano, Texas Register Now! cailaw.org MCLE credit will be available