4 Days: $1,880
3 Days: $1,470
2 Days: $1070
1 Day: $640
Day 1 - Monday, February 1, 2021:
General Structure of Labor-Management Relations, Information Requests
- Basics of Federal Sector Labor Law: An Overview: This session will cover an overview of federal sector labor law and structure, including the Civil Service Reform Act of 1978 which established the Federal Labor Relations Authority (FLRA) and the Federal Service Impasses Panel (FSIP). This session will also cover judicial review of federal sector labor decisions, including standing, venue, and burdens of proof.
- How Bargaining Units Are Defined and Composed: This session will discuss how a unit of recognition, or bargaining unit, is defined, including the relevant statutory and regulatory criteria, assessment of actual duties, statutorily excluded positions, and special classes of employees, including supervisory status. This session will also cover representation proceedings and unit clarifications and changes, including the procedures to file unit clarifications, and how to defend against unit clarifications.
- How to Establish a Union: This session will cover the requirements that must be met to establish a union.
- Responding to Requests for Information: This session will cover how best to respond to union requests for information that includes data that is normally maintained in the regular course of business, reasonably available, and necessary for full and proper discussion, understanding, and negotiation of collective bargaining subjects. This session will include a discussion of how to avoid ULPs filed for failure to provide information, as well as discussion of the terms “reasonably available” and “particularized need.”
- Weingarten, Garrity, and Loudermill Rights: What they Are and Why they Matter: This session will discuss rights available to public sector employees, including bargaining unit-eligible employees. Attendees will learn about each right, including when it is triggered and what it means for questioning, investigating, and disciplining a Union employee.
Day 2 - Tuesday, February 2, 2021:
Contract Negotiations: From Drafting Proposals to Impasse
- Introduction to Collective Bargaining in the Federal Sector: This session will discuss strategies for negotiating a CBA with a Union representing federal employees. It will begin with a brief review of the collective bargaining process, as well as of the types of bargaining, including term, midterm, and impact and implementation bargaining versus substantive bargaining. This session will also provide tools to advise agency labor representatives during bargaining, as well as common things to look for when reviewing a CBA for agency head review.
- Management Rights under Section 7106 of the FLRA - 2 Parts: This session will guide attendees through the management rights outlined in the FLRA and will review recent decisions interpreting this section of the Statute.
- Strategies for Negotiating a Collective Bargaining Agreement: Attendees will then learn about common pitfalls in negotiating a federal sector CBA and will learn strategies for effectively advocating for the Agency, including information to request before bargaining begins, terms to include in a federal sector CBA, and unique provisions affecting the federal sector focusing on topics such as discovery procedures and arbitrator selection.
Day 3 - Wednesday, February 3, 2021:
Contract Negotiations: From Drafting Proposals to Impasse, Cont.
- Mandatory, Permissive, and Prohibited Subjects of Bargaining: Attendees of this session will obtain an introductory understanding of the mandatory, permissive, and prohibited subjects of bargaining and strategies for negotiating these subjects. This session will also include an activity to allow attendees to apply their newly-learned skills.
- The Federal Service Impasses Panel: Attendees will learn about the FSIP, its role in resolving impasses, and how to get the most from it, including how to request assistance, how the VA can utilize the FSIP and defend against matters brought against it to the FSIP.
- Basics of ULPs - 2 Parts: This session will cover the types of ULPs and the procedures for filing a ULP, how agencies can defend against ULPs, and appeals of ULPs.
Day 4 - Thursday, February 4, 2021:
Grievances, Arbitration and Statutory Appeals
- Arbitration Organization and Advocacy - 2 Parts: This session will provide practitioners with specific tips to prepare for arbitration based on various types of claims, including but not limited to disputes about discipline, benefits, and interpretation of the CBA. Attendees will learn skills to respond to a Union’s case, and will also learn about threshold arguments to raise at arbitration, including the issues of arbitrability and negotiability. Attendees will also learn about filing dispositive motions in arbitration (yes, they can be filed!).
- Challenging An Arbitrator’s Award: Attendees will learn about the procedures for challenging an arbitrator’s decision, including filing exceptions with the FLRA, as well as the bases and standards for reviewing an arbitrator’s award.
- Attorneys’ Fees in the Federal Sector Labor Context - 2 Parts: This session will cover recent efforts by the FLRA to change how arbitrators evaluate the attorneys’ fees a prevailing party should recover in the context of federal collective-bargaining (the Allen factors under attack). Attendees will also learn practical tips for reviewing and responding to a prevailing party’s fee petition, including evaluating and challenging fees sought, and relevant case law regarding seeking fees in this context.
- Official Time: This session will cover when union officials and unit employees are eligible to receive official time, and best practices for tracking and limiting this time, while ensuring employees receive appropriate pay for official time. This session will also discuss when the union has the right to attend formal discussions and when an employee has the right to have union representation during work meetings, including investigations.
- Recent Developments Impacting Federal Sector Labor Relations: This session will cover recent executive orders and their impact on labor relations, including on contract negotiations, grievances, and related issues.
*Each day includes a one-hour on-your-own lunch break.