The National Labor Relations Board (NLRB) in the Obama Era: A Management Perspective
Why Attend?
Understand what change to expect in traditional labor law in the Obama Adminisration
Understand how new NLRB members’ biographies may predict their positions on future decisions.
Learn what labor law reforms the NLRB can make outside of Congress.
Understand potential NLRB rulemaking changes to union representation elections.
Understand the potentially expanded interpretation of "protected concerted activity."
Learn how there could be greater scrutiny of employer conduct during union organizing campaigns and first contract bargaining.
Analyze impact of the increased use of "extraordinary remedies" such as Gissel bargaining orders.
What You Will Learn
Although much attention has been paid of late to the possible implications of the enactment of the Employee Free Choice Act, the real “game-changer” may lie in the activities of the newly constituted National Labor Relations Board (NLRB).
The NLRB, assuming that all Obama nominees are confirmed, will soon have three individuals who represented unions prior to their appointment to the five-member board. Because these new board members, including Chair Wilma Liebman, have been outspoken in their criticism of recent NLRB decisions under the Republican administration, it is reasonable to expect that more pro-union decisions will issue.
In particular, the following cases are likely to be reviewed in a new light:
Dana/Metaldyne: Restoring recognition bar resulting in no NLRB election after voluntary recognition.
Register Guard: Use of employer email for union activities.
Dana Corp.: Permitting bargaining with a union even though the union does not yet represent a majority of the employees in the collective bargaining unit.
Oakwood: Inclusion of contingent employees supplied by a separate employer in collective bargaining unit with regular employees.
Bannering Cases: Is display of large banner in conjunction with patrolling employees handing out leaflets the functional equivalent of picketing?
Supervalu: Use of "after acquired" store clauses to extend collective bargaining agreements to additional employer facilities.
In addition, Ms. Liebman has intimated that the NLRB may take a look at undertaking official rulemaking, a practice that was previously eschewed in favor of adjudication.
What will be the impact of the changing NLRB on employer-employee relations? What areas of labor practices should employers review to assure that they will continue to be in compliance with how the NLRA is likely to be interpreted in light of new board membership?
Join former NLRB member Charles I. Cohen, Morgan Lewis, LLP; Harold P. Coxson, Ogletree Deakins Nash Smoak & Stewart, P.C., and Robert B. Fitzpatrick, Robert B. Fitzpatrick, PLLC, all from Washington, D.C., and all distinguished labor and employment lawyers with combined experience approaching 100 years, for insightful analyses of recent NLRB decisions and reasoned predictions on how the NLRB is likely to change during the Obama era.
Who Should Attend
Labor and Employment Law Attorneys
Labor Representatives
Management Representatives
Human Resources Professionals
Planning Chair
Robert B. Fitzpatrick, Robert B. Fitzpatrick PLLC, Washington, D.C.,
Faculty
Charles I. Cohen, Morgan Lewis LLP, Washington, D.C.
Harold P. Coxson, Jr., Ogletree Deakins Nash Smoak & Stewart, P.C., Washington, D.C.
Program Schedule
All Times Eastern Standard
12:30 pm Program Begins.
Outline of major pending cases and expected outcome in light of the new administration's goals.
How new NLRB Member Biographies Predict a Change of Course
How NLRB can institute reform outside Congress;
How NLRB rulemaking might change the union representation election process.
New interpretations expected for: "protected concerted activity"; employer conduct during organizing campaigns; first contract bargaining.
2:00 pm Program Ends.
Total 60-minute hours of instruction: 1.5 Total 50-minute hours 1.8
Suggested Prerequisite: Limited experience in subject matter
Educational Objective: Acquisition of knowledge and skills to develop proficiency as a practitioner; maintenance of professional competence as a practitioner; provision of information on recent legal developments
Level of Instruction: Intermediate
Times
Eastern 12:30 pm to 2:00 pm
Central 11:30 am to 1:00 pm
Mountain 10:30 am to 12:00 pm
Pacific 9:30 am to 11:00 am
Alaska 8:30 am to 10:00 am
Hawaii 7:30 am to 9:00 am
