19th Annual Oregon Labor Law Conference
Summary of Classes
Arbitration: Requesting Information and Discovery (David Snyder, Snyder & Hoag, 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 information. 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 (Adam Arms, IBEW Local 125) - 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? Adam 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, Arbitrator) - Howell has been an arbitrator for more than twenty-five years. He has seen it all. He will discuss the mistakes that advocates make, whether it is objections to evidence or an awkward attempt at humor. Learn from mistakes others have made.
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.
Duty of Fair Representation (Paul Hays, Carney Hays & Marsh) - There is a big difference between what a Union should do, and what a Union must do for its members. Paul will explore the most common mistakes that get a Union into trouble with the Duty of Fair Representation and offer suggestions for how to keep members satisfied with Union representation, particularly in the grievance process.
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 Unions.
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.
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, including the failed Right to "Shirk" legislation, PERS cut-backs, sick leave, and more. Margaret will guid you through the quickly changing legislative landscape.
National Labor Relations Board (Ronald Hooks, NLRB ) - Regional Director Hooks will describe important cases decided in the past year by the NLRB and answer your questions. This is a great opportunity to meet the Regional Dierctor and learn how to be successful before the NLRB.
NLRB Representation Elections (Jessica Dietz, NLRB) - Learn from the NLRB the most common mistakes that unions make when filing a petition for an election and the most common issues that employers raise in opposition to election petitions. Broaden your understanding of NLRB representation issues such as statutory timelines, bars to filing petitions and holding elections, and how unfair labor practices can impact a representation petition. Also learn more about appropriate bargaining units, voter eligibility, and the do's and dont's for unions and employers during the election campaign.
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.
Social Security (Sharon Maynard, Bennett Hartman Morris & Kaplan) – Who is eligible for social security disability? How do you prove your case? How long does it take? What are the most common mistakes that applicants make? Sharon will talk about these issues and more, including the relationship between union pension disbility provisions and Social Security Disability.
Steward Training (Paul Gamson, Attorney at Law) - This class is for those who plan training for stewards and those who actually conduct training for stewards. What is the role of a steward? Who do you want to be a steward? What liability does a steward present to a union? How can a union use a stewad to foster communications with the membership? Should stewards be compensated? How? What protections does the law provided for stewards?
Teaching Labor Law to Union Members AND Keeping it Fun! (Barbara Diamond, Diamond Law & Helen Moss, Labor Education and Research Center, University of Oregon) - How do we convey important labor law concepts to Union members? Helen will give some ideas for making labor law more fun and memorable. Whether it's new member training or Weingarten rights, teaching techniques such as role plays, small groups, and debriefs can help refresh the old routines and empower members to take ownership of their Union rights. Please bring your smartphones and laptops!
Union Access to the Workplace (Rich McCracken, McCracken Stemerman & Holsberry; Davis Cowell & Bowe, LLP) - When and where can employees enter the workplace to talk about union issues? When can employees distribute leaflets to customers? What about restricitons on access for union organizers? What happens if the emlpoyer calls the police and accuses union supporters of "trespassing"? Rich explains the law of Union access and how to use it to your advantage.
Union Communications: Defamation and Beyond (Rich McCracken, McCracken Stemerman & Holsberry; Davis Cowell Bowe, LLP) - Learn about the laws Unions must follow when they craft their communications, particularly in targeted campaigns. Rich will explain how Unions can steer clear of issues with defamation, securities laws, secondary boycott restrictions, tort liability, extortion, and antitrust.
Workers Comp (Chris Frost, Swanson Thomas Coone & Newton) - 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.