PROGRAM

Thursday, April 22, 2010

8:00 AM
Registration Open

10:30 AM - 12:00 PM
Workshop A    
New Developments in ER
This workshop examines the latest developments in case law from the Merit Systems Protection Board. Michael Bogdanow, MSPB

Workshop B    
Dealing with Difficult People - Managing Emotions in the Workplace and Counseling on Employment Issues
This workshop will provide an opportunity to learn more effective strategies for relating to different types of difficult work styles -- both management and co-worker styles.  It includes a review of the components of interpersonal communication including attending skills, responding skills and assertive responses, as well as an assessment of the participant’s own conflict management and work styles. Specific guidelines for dealing with emotional situations will also be presented. Michael Stein, FMCS.

Workshop C    
Maximizing the Agency Performance Aspects of Labor-Management Forums
A key aspect of Executive Order 13522 is the role labor-management forums will play in improving the efficiency and effectiveness of the federal government.  The presenters, having recently co-authored a “white paper” making recommendations to the administration on the implementation of this order, will share what research and benchmarking show is critical to focusing labor-management forums on agency performance.  They will share their views on how to maximize organizational performance, engage the workforce, and measure progress, offering workshop participants the opportunity to discuss moving forward with these matters.  Christina Sickles Merchant, Maxwell School, Syracuse University; Robert Tobias, School of Public Affairs, American University; Marick F. Masters, Wayne State University
                                                      
12:00pm - 1:30pm        
Luncheon
Speaker: Honorable George H. Cohen, Director, FMCS

1:30pm - 3:00pm
Workshop D    
Federal Sector Fair Labor Standards Act Grievance and Arbitration Best Practices Practicum
This workshop provides a fundamental overview the FLSA followed by a panel discussion-practicum, moderated by an arbitrator, on the best practices for handling Federal sector FLSA grievance and arbitration disputes.  The panel will include experienced neutral, management and union lawyers with federal, public and private sector FLSA experience.  The panel discussion-practicum will focus on effective, proven and successful FLSA dispute resolution and litigation techniques for the management-side and union-side advocates.  Sean Rogers, Arbitrator; Shlomo Katz, Attorney; Neal Serotte, Attorney; Michael J. Snider, Snider & Associates.

Workshop E    
FLRA Annual Case Update
This workshop will provide the latest developments in case law from the Federal Labor Relations Authority and the Federal courts. David Eddy, FLRA; Debra Gaydos, FLRA.
           
Workshop F    
Whistleblower Protections
A number of laws protect federal employees from unlawful retaliation for reporting waste, fraud, abuse of authority, and violations of laws that govern areas ranging from workplace safety to environmental pollution.  Retaliation can include demotion, termination, denial of benefits, failure to hire or promote, reassignment, intimidation and ostracism.  This session will look at federal-sector whistleblower protections from the perspective of federal employees and their employing agencies, with the aim of helping representatives of both labor and management gain a better understanding of the workings of whistleblower laws. Avi Kumin, Katz, Marshall & Banks, LLC; Kevin Mulshine, Office of the Architect of the Capitol.

3:15pm - 4:45pm
Workshop G    
Resignation and Retirement – Voluntary or Involuntary
Resignations and retirements are normally voluntary – but when can they become involuntary?  What does it mean if a resignation or retirement is ruled involuntary?  What is a constructive removal?  Who shares in the responsibility if an employee-initiated action is ruled to be involuntary?  This workshop will cover the characteristics of resignations and retirements that make them voluntary and the actions that may make an employee-initiated action become an action that may be overturned by the Merit Systems Protection Board (MSPB).  The session will outline the various elements in involuntary separation cases, including review of a variety of MSPB cases on relevant topics.  Barbara I. Haga, Federal HR Services, Inc.

Workshop H    
The FLRA and the Executive Order on Creating Labor-Management Forums to Improve Delivery of Government Services
FLRA and CADRO representatives address techniques for the successful establishment of labor-management forums and the tools for the successful implementation and functioning of a collaborative committee or council under the Executive Order. Andy Pizzi, FLRA.

Workshop I     
2010 Update on FMLA
This workshop provides human resource, LR and ER professionals with up-to-date developments regarding the requirements of all applicable Federal sector variants of the Family and Medical Leave Act. Carl C. Bosland, Preemptive Workforce Solutions, Inc.

4:45pm – 6:00pm

Friday, April 23, 2010

8:00am - 8:30am
Jobs Workshop
Michael Stein, FMCS.

8:30am - 10:00am
Workshop J     
Creative Results in Employment Mediations
Dealing effectively with conflict in the workplace has become a critical function in public and private organizations. Employers and employees are increasingly turning towards mediation to avoid costly and time-consuming litigation. Employment Mediation has successfully been applied to many types of workplace disputes, including grievances, EEO complaints, superior / subordinate problems, and peer conflicts.  This workshop will focus on the mediation process and skills required to be successful. It will examine examples of creative results through facilitating difficult conversations, creative problem-solving, interpersonal negotiations and strengthened communications.  There will be time for open discussion and questions.  Michael Stein, FMCS; Eileen Hoffman, FMCS.

Workshop K    
Arbitration and Section 7106
This workshop discusses Section 7106 of the Federal Service Labor-Management Relations Statute and the analytical framework used to determine whether an arbitration award impermissibly affects a management right. George Birch, FLRA; Gina Grippando, FLRA.

Workshop L    
FSIP Year in Review
During this workshop some of the Panel’s most significant cases from the past year (April 2008 – March 2009) will be discussed, providing participants with a better understanding of the Panel’s processes and reasoning through the study of specific impasses. FSIP Chairman Hon. Mary Jacksteit; FSIP Members Hon. Thomas Angelo, Hon. Barbara Franklin, Hon. Edward Hartfield, Hon. Marvin Johnson, Hon. Martin Malin, Hon. Donald Wasserman; H. Joseph Schimansky, FSIP; Members of the Panel.

10:30am – 12:00pm
Workshop M    
Ask the Arbitrators:  Discussion of what arbitrators and parties expect and experience in federal sector arbitration
Four experienced federal sector arbitrators will discuss and take questions on the complex and unique processes of federal sector grievance arbitration and appeals procedures.  This workshop is designed for individual federal employees, for the labor unions representing them, for agency management and for arbitrators.  The purpose is to help attendees avoid the many problems that can be faced by the unprepared. Hon. Ernie DuBester, Member, FLRA; Arbitrators Margery Gootnick, William Hockenberry, Joshua Javits, David Vaughn.

Workshop N    
An Update from the FLRA Office of the General Counsel
Learn about the latest case developments, initiatives and activities of the FLRA's Office of the General Counsel and its Regional Offices.  Jessica Bartlet, FLRA, OGC.

Workshop O    
The Essentials of Labor Relations (Part 1 of 2. See Workshop R)
For both beginners or as a refresher, this 3-hour workshop lays out the core knowledge areas needed to effectively handle labor relations in the Federal Sector as a management/union rep, or for those in HR, EEO and Counsel who need to sharpen their LR skills.  Key rights, responsibilities and flexibilities – statutory and contractual – plus the parties and terminology will be discussed and explained.  David Orr, GRA; Don Rider, GRA

1:30pm - 3:00pm
Workshop P    
Advanced EEO Issues                         
This workshop will cover such topics as dismissal of complaints, amending complaints; EEOC hearings, proving compensatory damages, sexual harassment liability, same-sex issues, and reasonable accommodation issues.  Joseph V. Kaplan, Passman & Kaplan, P.C.

Workshop Q    
EEOC Case Update
This workshop provides participants with the latest developments in case law from the Equal Employment Opportunity Commission.  Jo Linda Johnson, EEOC.

Registration form