Agenda

The Certificate in Employee Relations Law^SM Seminar is divided into three "blocks" of instruction, with the blocks presented on consecutive days over a 4 1/2 day period at locations nationwide.

The extensive materials for each block of instruction are used as a resource during the seminar, and designed to serve as desktop references on the job.


Day 1 & 2: Labor Law In The Union & Non-Union Workplace

Overview of Laws Governing the Employer-Union Relationship

• Analysis of the provisions of the Labor Management Relations Act and other applicable laws
  
• Practical guide to understanding and successfully dealing with the National Labor Relations Board

Achieving and Maintaining a Union-Free Workplace

• Why employees unionize-recurring problems in the non-union workplace
  
• Preventive measures to avoid union organizing efforts

Changes in the Law and How they Affect You -
The Election Process

• Examination of election procedures-statutory provisions and NLRB processes
  
• How to conduct a legal and effective campaign against unionization

Collective Bargaining

• What should management want in a collective bargaining agreement?
  
• How to get what you want out of the collective bargaining process
  
• Extent of responsibility to bargain in good faith
  
• The correlation between collective bargaining agreements and employee handbooks

Strikes and Picketing Activity

• Legal limits on strikes, picketing, and employer responses
  
• Legal remedies and best strategies for dealing with actual or threatened strikes, picketing, and boycotts

Operating Under a Collective Bargaining Agreement

• Living with a collective bargaining agreement
  
• Making effective use of the grievance procedure
  
• Preparing for and winning arbitration cases

Successorship and the Law

• Buying a business whose employees are unionized
  
• Understanding your rights and liabilities in mergers and acquisitions

Ending the Union Relationship

• The decertification process
  
• Other non-election means through which to legally end the relationship

Day 3 & 4: Employment Discrimination Law

This section examines legal theories under Title VII and other Civil Rights Acts, including discrimination and harassment based upon race, sex, religion, national origin, age, and disability.

• Analyzes race discrimination claims under Title VII and the Post-Civil War Civil Rights Acts
  
  
• Examines the various theories of sex discrimination, including such issues as pregnancy discrimination and issues associated with employee benefits designs and equal pay
  
  
• Discusses sexual and other types of harassment, including the Supreme Court's new standards and effective ways to prevent and investigate harassment claims
  
  
• Reviews trends in protecting the rights of persons based on sexual orientation
  
• Provides updates on religious discrimination issues

Strategies and Practical Advice for Dealing with Issues Under the Americans with Disabilities Act and the Family and Medical Leave Act

• A thorough examination of the Americans with Disabilities Act and the effective handling of the disabled employee, including a discussion of the interaction between the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973
  
• An analysis of current decisions interpreting an employer's rights and responsibilities under the Americans with Disabilities Act
  
• An examination of the Family and Medical Leave Act, its regulations, and recent cases dealing with leave issues

An Update on Developments in the Law Under the Age Discrimination in Employment Act

• A discussion of the requirements of waivers and releases under the Older Workers' Benefit Protection Act and its regulations
  
  
• An examination of developing court decisions
  
  
• A review of issues associated with employee benefits designs

Resolving Discrimination Claims Without Litigation

• Resolving complaints internally and encouraging employees to use your procedures
  
• Avoiding litigation through binding arbitration
  
• A discussion of recent court decisions concerning the enforceability of agreements to arbitrate employment claims

Litigating Discrimination Claims

• A review of the case handling process under EEOC regulations
  
• How to win your case at the administrative level
  
• An examination of effective litigation strategies
  
• Avoidance of retaliation claims
  
• Settlement strategies, including pre-charge settlements as well as settlements in conjunction with agencies

An Examination of Affirmative Action

• A detailed discussion of voluntary affirmative action trends
  
• A thorough examination of the requirements of Executive Order 11246 for government contractors
  
• How to prepare affirmative action plans
  
• The status of race norming under the Civil Rights Act of 1991
  
• Dealing with the OFCCP effectively
  
• Update on judicial opinions regarding affirmative action and "reverse discrimination"
  
• Provides an update on the Glass Ceiling Act and the OFCCP's Glass Ceiling Initiative

Day 5: Special Issues In Employee Relations Law

This section addresses specific employment law/labor law issues of interest to participants not previously covered, plus up-to-the-minute laws, regulations, and court decisions. Topics include:

Wrongful Discharge Litigation

• An examination of the various theories of recovery arising from employee discipline and discharge
  
• An examination of litigation prevention techniques including practical suggestions regarding employment policies, internal review procedures, and discipline/termination decision making and implementation
  
• Assessments of effective litigation strategies in response to these developments
  
• A discussion of post-employment inquiries and the use of separation agreements as a litigation avoidance tool

Employment-Related Tort Litigation

• Defamation claims arising from communications to employees, other employers, customers and others
  
• Intentional infliction of emotional distress
  
• Intentional interference with contract or prospective business advantage
  
• Fraudulent or negligent misrepresentation
  
• Negligent hiring, supervision entrustment and supervision

Alternative Dispute Resolution

• Pros and cons
  
• Utilization of arbitration agreements
  
• Features of an effective ADR System

Substance Abuse in the Workplace.