Airline and Railroad Labor and Employment Law: A Comprehensive Analysis
Why Attend?
This is the event of the year for attorneys and executives who want to stay abreast of emerging issues affecting airline and railroad labor relations, including:
Modification of National Mediation Board voting procedures
The impact of post-9/11 security concerns on airline and railroad workplaces
Outcomes of airline and railroad reorganizations in Bankruptcy Court; and
Airline and railroad mergers and acquisitions and their effect on labor organizations.
The course provides unparalleled opportunities to learn from and interact with National Mediation Board and Federal Mediation and Conciliation Service personnel who play key roles in labor relations for airlines and railroads.
What You Will Learn
This annual course of study, comprising more than 18 hours of instruction, examines labor relations in the airline and railroad industries, where the governing law is the Railway Labor Act (RLA) rather than the National Labor Relations Act, and the responsible government agency is the National Mediation Board (NMB or Board) rather than the National Labor Relations Board. In addition to looking at labor-management relations, the course looks at the three-cornered relationship among individual employees, their unions, and their employers.
Is the RLA new to you? Attend the optional session on Thursday morning for a whirlwind tour of the law and policy of labor relations in the airline and railroad industries.
This course examines labor relations under the RLA in detail, discussing:
• the function and workings of the Board,
• organizational issues,
• election campaigns,
• representation proceedings before the Board,
• collective bargaining,
• mediation,
• status quo rules,
• strikes and other work stoppages,
• emergency boards,
• dispute resolution,
• international labor and employment law developments, and
• bankruptcy developments.
The course also considers the rights of individual employees with respect to both carriers and unions – the roles of employment, civil rights, disability, whistleblowing, drug and alcohol testing, safety, and environmental laws in the airline and railroad industries.
Throughout, the course looks at emerging issues affecting employment in the air and rail industries. The dominant issues now are modification of National Mediation Board voting procedures, security concerns in the post-9/11 workplace, the process and outcomes of reorganizations in Bankruptcy Court, and mergers and acquisitions. Other emerging issues addressed include the extraterritorial application of U.S. employment and safety laws, foreign ownership of interests in U.S. carriers, deregulation, and alliances.
The faculty is drawn from all the legal communities involved in air and rail employment issues: the National Mediation Board; mediators and arbitrators; and representatives of carriers, labor organizations, and individual employees.
Time is reserved throughout the program to address registrants’ questions.
Who Should Attend
The course is designed for lawyers and other professionals representing labor organizations, carriers, and individuals involved in the air and rail industries.
Planning Chairs
Joseph Z. Fleming, Greenberg Traurig, P.A., Miami
Faculty
John O'B. Clarke, Jr., Highsaw, Mahoney & Clarke, P.C., Washington, D.C.
George H. Cohen, Director, Federal Mediation and Conciliation Service, Washington, D.C.
Jonathan A. Cohen, Chief Counsel and Director, Legal Department, Air Line Pilots Association, Washington, D.C.
Elizabeth Dougherty, Chairman, National Mediation Board, Washington, D.C.
Richard S. Edelman, O'Donnell Schwartz & Anderson, P.C. Washington, D.C.
Marc Esposito, Ford & Harrison LLP, Atlanta
Jeffrey R. Freund, Bredhoff & Kaiser, PLLC, Washington, D.C.
John J. Gallagher, Paul, Hastings, Janofsky & Walker LLP, Washington, D.C.
Lawrence Gibbons, Director, Office of Mediation Services, National Mediation Board,
Eileen Hennessey, Counsel, National Mediation Board, Washington, D.C.
Harry R. Hoglander, Member, National Mediation Board, Washington, D.C.
Chris A. Hollinger, O'Melveny & Myers LLP, San Francisco
Edgar N. James, James & Hoffman, P.C., Washington, D.C.
Joshua M. Javits, Mediator and Arbitrator, Dispute Resolution Services, Washington, D.C.; former National Mediation Board Member and Chairman, and Facilitator of "Dunlop II"
Thomas A. Jerman, O'Melveny & Myers LLP, Washington, D.C.
Mary L. Johnson, General Counsel, National Mediation Board, Washington, D.C.
Thomas J. Kassin, Ford & Harrison LLP, Atlanta
Daniel M. Katz, Katz & Ranzman, P.C., Washington, D.C.
Sharon L. Levine, Lowenstein Sandler PC, Roseland, New Jersey
Michael L. Lowry, Ford & Harrison LLP, Atlanta
Arthur M. Luby, Assistant Director of Representaton, Air Line Pilots Association, Herndon, Virginia
Stephen B. Moldof, Cohen, Weiss and Simon LLP, New York
Joanna L. Moorhead, General Counsel, National Railway Labor Conference, Washington, D.C.
Peter M. Panken, Epstein Becker & Green, P.C., New York
Carmen R. Parcelli, Guerrieri Edmond Clayman & Bartos, P.C., Washington, D.C.
Linda Puchala, Member, National Mediation Board, Washington, D.C.
Thomas E. Reinert, Jr., Morgan, Lewis & Bockius LLP, Washington, D.C.
Harry A. Rissetto, Morgan, Lewis & Bockius LLP, Washington, D.C.
Julissa Rodriguez, Greenberg Traurig LLP, Miami
Carla M. Siegel, Associate General Counsel, The International Association of Machinists and Aerospace Workers, Upper Marlboro, Maryland
Robert A. Siegel, O'Melveny & Myers LLP, Los Angeles
Patricia Sims, Senior Mediator, National Mediation Board, Washington, D.C.
Christopher Valentino, Jackson Lewis LLP, Melville, New York
Roland Watkins, Director, Office of Arbitration Services, National Mediation Board, Washington, D.C.
Roland P. Wilder, Jr., Baptiste & Wilder, P.C., Washington, D.C.
William R. Wilder, Baptiste & Wilder, P.C., Washington, D.C.
Kenneth M. Willner, Paul, Hastings, Janofsky & Walker LLP, Washington, D.C.
ALI-ABA Staff Attorney: Thomas M. Hennessey, Assistant Director, Office of Courses of Study
Register Now!
Washington, DC: $1399 Add to Cart or Webcast: $999 Add to Cart
Full-time employees of federal, state and local governments and government agencies
Live Course: $699.50 Add to Cart
Live Webcast: $499.50 Add to Cart
Lawyers practicing 5 years or less
Live Course: $699.50 Add to Cart
Live Webcast: $499.50 Add to Cart
Program Schedule
All Times are in Eastern Time. For Assistance in Time Zone Conversion, Go to www.timeanddate.com/worldclock/converter.html
THURSDAY, APRIL 15, 2010
7:00 a.m. Registration and Networking Continental Breakfast
7:55 a.m. Welcome and Announcements by ALI-ABA staff
WEBCAST SEGMENT A: THE RLA, REPRESENTATION BEFORE THE NMB, AND ELECTIONS
8:00 a.m. Introduction to Labor Relations in the Airline and Railroad Industries
An optional session for those not familiar with the RLA
8:45 a.m. Networking Break
9:00 a.m. The Railway Labor Act and Its Application to the Airline and Railroad Industries
The role of the National Mediation Board, including commentary by members of the Board; Board procedures and regulations and their application to employees, labor organizations, and carriers
10:15 a.m. Networking Coffee Break
10:30 a.m. Representation Matters Before the National Mediation Board
Representation functions and hearing procedures before the Board: representation procedures relating to class or craft selection; Board jurisdiction; basic class or craft concepts in the airline and railroad industries; accretion issues; recent case developments before the Board and in the courts; use of the NMB Representation Rules and Representation Manual
11:30 a.m. Election Campaigns
Rights, practical campaign strategy, and communications; applicable laws; problems that can be anticipated, including allegations of carrier or labor organization interference; the role of the Board in election proceedings; Board notices, campaign activities, and technological developments
12:30 p.m. Lunch Break
WEBCAST SEGMENT B: BARGAINING, MEDIATION, STATUS QUO, AND WORK STOPPAGES
2:00 p.m. Mediation and Collective Bargaining under the Railway Labor Act - Comments on Mediation
2:30 p.m. The Bargaining Process-Unions and Carriers
Basic tactics in negotiating agreements; clauses (including force majeure provisions) and problems often found; practical suggestions on negotiating policies; national or local handling of bargaining issues in the railroad industry; new techniques and processes
3:10 p.m. Networking Coffee and Snack Break
3:25 p.m. Management and the Mediation Process and Emergency Boards
The role of Section 10 Emergency Boards, their use, recommendations, and implementation processes (including ad hoc legislative approaches); a comparison of railroad and airline processes to determine whether Emergency Boards should be used
4:25 p.m. The Status Quo, Strikes, Intermittent Work Stoppages, Picketing, Unilateral Action, and Impasse Procedures
Status quo requirements (including whether the "status quo" applies prior to an initial agreement); mechanisms for resolving impasses under the RLA; the legal consequences of the status quo, impasse, strikes (including "CHAOS"), and informational picketing
5:25 p.m. Questions and Answers
5:45 p.m. Adjournment for the Day
Networking Reception for Registrants and Faculty (sponsored last year by Airline Industrial Relations Conference, Baptiste & Wilder, P.C., Bredhoff & Kaiser, P.L.L.C., Cohen Weiss & Simon, Ford & Harrison, LLP, Greenberg Traurig, LLP, James & Hoffman, P.C., Littler Mendelson, P.C., Morgan Lewis & Bockius, LLP, National Railway Labor Conference, O'Melveny & Meyers, LLP, and Paul Hastings Janofsky & Walker, LLP)
FRIDAY, APRIL 16, 2010
8:30 a.m. Networking Continental Breakfast
WEBCAST SEGMENT C: GRIEVANCE PROCEDURES; JUDICIAL ENFORCEMENT; INTERNATIONAL ISSUES
9:00 a.m. Grievance and Arbitration Procedures
Establishing system boards of adjustment on airlines; the functioning of the National Railroad Adjustment Board and parallel arbitral tribunals on airlines; tribunal operations; responsibilities of carriers and labor organizations in presenting grievances to arbitrators; arbitration case theories and tactics; analysis of "minor disputes" and "major disputes" or interest arbitration; whether System Boards should or must be used before the first agreement is reached
10:15 a.m. Networking Coffee Break
10:30 a.m. Judicial Enforcement of the Railway Labor Act and "Unfair Labor Practices": Is There "Protected Activity" under the RLA?
11:45 a.m. International Labor and Employment Issues: International Conflicts
Extraterritorial application of the RLA and other U.S. civil rights and employment laws; application of U.S. law to foreign carriers; the Act of State Doctrine; foreign ownership and outsourcing
12:30 p.m. Lunch Break
WEBCAST SEGMENT D: MERGERS AND CONSOLIDATIONS; LITIGATION TRENDS; BANKRUPTCY ISSUES
2:00 p.m. Affiliations, Mergers, and Consolidations
Affiliated airlines and the single carrier issue; merged seniority lists; conflicts of interest
3:15 p.m. Networking Coffee and Snack Break
3:30 p.m. Recent Trends in Litigation of Employee Rights
Preemption and domestic conflicts; workplace environmental and safety laws; federal and state issues
4:15 p.m. Labor Relations under the Bankruptcy Code
The role of Bankruptcy Courts in modifying or terminating collective bargaining agreements, retiree health plans, and pension plans; the interface of the RLA, the Bankruptcy Code, and ERISA
5:45 p.m. Questions and Answers
6:00 p.m. Adjournment for the Day
SATURDAY, APRIL 17, 2010
8:30 a.m. Networking Continental Breakfast
WEBCAST SEGMENT E: DRUG TESTING ISSUES; IMMIGRATION ISSUES; DISABILITY ISSUES; CLAIMS AGAINST EMPLOYERS AND UNIONS; WAGE AND HOUR ISSUES; ETHICS
9:00 a.m. Drug Testing Issues
Emerging policies and proposals; regulatory policies and cases; employee assistance and rehabilitation programs
9:25 a.m. Immigration Laws
Homeland Security requirements; legislative developments; immigration issues for the air and rail industries
9:50 a.m. Access and Disability Issues
10:15 a.m. Networking Coffee Break
10:30 a.m. Individual Rights Claims Against the Employer-Carrier and the Labor Organization
Laws prohibiting employment discrimination; the effect of federal, state, and local civil rights laws on carriers and labor organizations; the relationship between employment discrimination laws and RLA proceedings; developments specific to the airline and railroad industries, including pregnancy rules, weight standards for flight attendants, and mandatory retirement for pilots; the Pilot Records Improvement Act; laws relating to sex, race, national origin, and disability
11:20 a.m. Laws Affecting Hours, Wages, and Working Conditions in the Airline and Railroad Industries
Humanitarian rights laws; laws affecting safety requirements; whistleblowing laws, especially Sarbanes-Oxley; federal environmental laws relating to noise, air and other source pollution; the Fair Labor Standards Act and its relation to wage rates and equal pay and working conditions
11:40 a.m. Recent Developments in the Railroad and Airline Industries
Post-9/11 developments, concentrating on statutory and regulatory developments and related issues (including the federal regulatory role); alliances and code sharing issues; First Amendment and other constitutional issues; the status of "deregulation"
12:00 noon Ethics Overview
1:00 p.m. Adjournment
Total 60-minute hours of instruction: 18.25, including one hour on ethics and professional responsibility
Suggested Prerequisite: Limited experience in legal practice in subject matter or completion of Basic CLE Course in subject matter
Educational Objective: Acquisition of knowledge and skills to develop proficiency as a practitioner
Level of Instruction: Intermediate
Here's what registrants have said about this course:
“Extremely useful and excellent presentation.”
“Excellent program!!! Very well organized!“
“The program was fantastic.”
“Excellent course and presentation. Fascinating subjects, extremely relevant to my work environment. What a wealth of talent on the panels!”
“Excellent course. Very good mix of speakers from both sides of the arena. I appreciated the beginning session introducing us to the RLA. It was a perfect way to get us ready for the rest of the course.”
“Very well done! Great variety of topics, excellent speakers, and a balanced perspective. Nice job by Mr. Fleming in keeping everything on time.”
“I really enjoyed the balance of labor and management representatives on the faculty panel.”
“I am new in practicing under the RLA. The introductory section was extremely helpful and should be expanded to give new practitioners more background.”
“The faculty was excellent. I found those topics not directly impacting on my practice to be interesting and informative.”
Times
All times listed in the above-Program Schedule are in Eastern Time.
