20th Annual Oregon Labor Law Conference
Summary of Classes
Arbitration: Requesting Information and Discovery (David Snyder, Law Offices of David A. Snyder, LLC) - To make your case you often need information that only the employer has. Getting the employer to produce information can be like pulling teeth. Don't despair! If the labor laws sometimes seem weak, they at least pack a punch when it comes to giving you leverage to demand documents. Learn efficient, effective means for getting the information you need. Learn also how to use other laws besides labor laws to get information from public employers and agencies.
Arbitration: From Grievance to Hearing (Noah Barish, McKanna Bishop Joff, LLP) - How does a Union investigate and assess a grievance to determine whether to pursue it, and how does the Union prepare a meritorious grievance for arbitration? Noah will cover the nuts and bolts of grievance handling, from investigation and preperation of the grievance to how to select an arbitrator and prepare witnesses and documents for arbitration, identifying some of the most common pitfalls to avoid.
Arbitration: From the Arbitrators Perspective (Howell Lankford & Katie Whalen, Arbitrators; Norman Malbin, Moderator) - Howell and Katie have combined experience of over fifty years. They will discuss the mistakes that union advocates makes. Learn from the mistakes that others make.
Bullying in the Workplace (Gary Namie, Workplace Bullying Institute) - Dr. Namie is the founder of the Workplace Bullying Institute. Learn what Unions can and should do when they receive a complaint about a bully. Learn the liability if the Union has if nothing is done.
Civil Disobedience: How to Get Away With it in the Workplace and on the Street (David Rosenfeld, Weinberg Roger & Rosenfeld) - Civil Disobedience can be a very effective tool for union campaigns, causing disruption and creating viral press coverage. But civil disobedience also has risks. Learn from David's experience helping Walmart workers in California plan safe, legal, and compelling civil disobedience actions. He will address important quesitons like: Who should participate? What techniques can be used? How much should the union coordinate with law enforcement? How can we protect members who are arrested? David will also talk about other innovative campaign tactics used by the OurWalmart campaign, from flashmobs to "projection bombing" - projecting videos onto employer's buildings.
Collective Bargaining: Nuts and Bolts (Will Aitchison, Aitchison Law & Mike Tedesco, Tedesco Law Group) – Whether it be what you do during the term of the contract to prepare, how you select your bargaining team, or the ground rules at the table, there are many tips and traps of which even experienced practitioners need to be reminded.
Employment and Labor Law Update (Rick Liebman, Barran Liebman, LLP) - An overview of major developments in case law that apply to Union members. This class is the only plenary session; the rest are all breakout sessions.
Employment Relations Board (Jason Weyand, Adam Rhynard and Kathryn Logan, Employment Relations Board) - For anyone in the public sector, or anyone with bargaining units in the public sector, this class will be extremely valuable. Learn from the ERB what to use ERB for and how. Learn from Board Members what are the most common mistakes made by union advocates. Learn what is new in caselaw.
Family Medical Leave Act/Oregon Family Leave Act (Elizabeth Joffe, McKanna Bishop Joffe, LLP) - The Family Medical Leave Act and The Oregon Family Leave Act both provide important rights to Union members. These laws are also important to know in helping the unorganized. Learn the basics about these laws as well as recent changes enacted by Congress and the Oregon Legislature.
Internet in Union Campaigns (Rich McCracken, McCracken Stemerman & Holsberry; Davis Cowell & Bowe, LLC) - This will cover the Communications Decency Act, the Digital Millunnium Copyright Act and others. You need to be current in this changing area of law.
Legislation Affecting Unions and Union Members (Margaret Olney, Bennett Hartman Morris & Kaplan, LLP) - Get up to speed with new Oregon laws, initiatives, and legislative efforts that may impact workers, ranging from pro-worker legistlation like paid sick leave, to anti-worker initiatives like possible right to "shirk" ballot initiatives. Margaret will guide you through the quickly changing legislative landscape.
Marijuana and the Workplace (Paul Loney, Law Offices of Paul Loney) - Recreational use and possession of marijuana is now legal under state law. But that doesn't mean employers have stopped disciplining workers for marijuana use. Learn about how employees should balance the new freedoms created by legalization with the old restrictions imposed by employers and federal law.
National Labor Relations Board (Ronald Hooks, Regional Director, Jessica Dietz, Officer in Charge, NLRB ) - This class is driven primarily by questions. It is an opportunity to meet the Regional Dierctor and learn how to be successful before the NLRB.
Non-Picketing Communicationc in Union Campaigns (Rich McCracken, McCracken Stemerman & Holsberry; Davis Cowell & Bowe, LLP) - This is a wide ranging review of the many forms of non-picketing communication and the rules applicable to each, from door-hangers to shareholder contests.
Offensive Bargaining (David Rosenfeld, Weinberg Roger & Rosenfeld) - Many employers give Unions short shrift in response to information requests. Others simply march toward impasse. Too often unions do not ask for documents that will assist them in their negotiations. Learn from the person who wrote the book on how to avoid impasse, trap employers into unfair labor practices, prevent employers from withrawing recognition and otherwise make life miserable for employers at the bargaining table to achieve a fair contract.
"To Join or Not to Join": Right to Work (Bob Bussel, Director, Labor Education and Research Center, University of Oregon) - With a Supreme Court decision looming on the constitutionality of fair share and new efforts to enact right-to-work at the state level, this issue is now attracting even greater public interest and attention. This workshop will provide a historical overview of right-to-work laws and how fair share policies have evolved. We will focus specifically on the arguments that both advocates and opponents of right-to-work related measures have used and review how these arguments have changed over time.
Social Media: What Happens in Vegas...Ends Up on Facebook (Anil Karia, Tedesco Law Group) - In addition to answering your questions, Anil will review the latest guidance from the NLRB on social media issues, including do's and don'ts in crafting a social media policy. If you are in the public sector, note the ERB follows the NLRB policies.
Unemployment Insurance (Dan Comstock, Employment Department (Retired)) - Whether you are from a construction trade of school teacher union, unemployment insurance is important to your membership. You need to know what the biggest mistakes are that your members make, the biggest misunderstandings that they have about how the system works. The penalties are substantial when your members do not understand the rules. Bring your questions.
Workers Compensation (Martin Alvey, Alvey Law Group) - Unfortunately, a lot of Union members continue to be hurt on the job on a regular basis. The amount of misinformation is huge. The more you know, the more you can help your members avoid making needless, costly mistakes.
Zoom In. Civil Rights & Disbility (Barbara J. Diamond, Attorney & Film Maker) - Where do we stand 25 years after passage of the Americans with Disbilities Act? This film both educates and entertains. After the film there is a discussion period on what you can do to avoid and combat everyday discrimination against people with disabilities.