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ALRA -- Association of Labor Relations
Agencies
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Sheraton Burlington Hotel and Conference Center Burlington, Vermont
CONFERENCE PROGRAM
Saturday, July 19
1:00 – 6:00 p.m. Conference Registration
6:00 – 8:00 p.m. Reception
Sunday, July 20
9:00 a.m.–4:30 p.m. Conference Registration
9:00 a.m. ALRA Executive Board Meeting
11:30 a.m.–1:15 p.m. Opening of Conference & Brunch
Brunch and Welcome – Elizabeth MacPherson, ALRA President
Neutrality Project Report - John Higgins, Chair, Neutrality Committee
A 40th Anniversary View of New York’s Taylor Law – Jerome Lefkowitz, Chairperson, New York State Public Employment Relations Board
1:30 – 3:15 p.m. Concurrent Roundtables (General Theme for all Roundtables – Generational Changes in ALRA Agencies: Implications and Planning to Meet the Challenge)
Board Members – Facilitators: Marilyn Glenn Sayan, Washington Public Employment Relations Commission; Leonard Berliner, Vermont Labor Relations Board
Mediators – Facilitators: Brian Harrington, Massachusetts Joint Labor Management Committee for Municipal Police and Fire; Daniel Cholette, Quebec Ministry of Labour
General Counsels – Facilitators: Pierre Hamel, Canada Public Service Labour Relations Board; David Quinn, New York State Public Employment Relations Board
Administrative Law Judges – Facilitators: Dyan Dyttmer, Maine Labor Relations Board; Nancy Burritt, New York State Public Employment Relations Board
Directors and Administrators – Facilitators: Josée Dubois, Canada Public Service Staffing Tribunal; Michael Byrnes, Massachusetts Division of Labor Relations
3:30 – 4:15 p.m. Report on Roundtables
Coordinator: Robert Hackel, New Jersey Public Employment Relations Commission
Monday, July 21 (Advocates Day)
8:00 – 9:00 a.m. REGISTRATION
9:00 – 9:15 a.m. WELCOME
Presiding: Elizabeth MacPherson, Chairperson, Canada Industrial Relations Board, and President, Association of Labor Relations Agencies
Welcome: James Douglas, Governor of Vermont
9:15– 10:15 a.m. KEYNOTE ADDRESS – Innovative Approaches to Improving Union Density
Keynote Speaker: Buzz Hargrove, President, Canadian Auto Workers
Discussion Leader: Martin Malin, Professor and Director, Institute for Law and the Workplace, Chicago-Kent College of Law
Our keynote speaker will focus on the recent agreement the Canadian Auto Workers reached with Magna, the largest auto parts manufacturer in Canada, regarding the unionization of Magna’s Canadian facilities as an innovative approach to improving union density. Following the keynote address, Professor Malin will lead a discussion among conference participants on lessons to be learned from the CAW-Magna agreement for other labor-management relationships in the United States and Canada.
10:15 a.m. Break
10:30 – 11:45 a.m. COMING TO TERMS WITH UNDERFUNDED EMPLOYEE & RETIREE BENEFITS IN THE PUBLIC SECTOR
Speakers: Katherine Barrett and Richard Greene, Principal Authors of Pew Center on the States Report Promises With a Price – Public Sector Retirement Benefits James Dunn, Esq., Mickenberg, Dunn, Kochman, Lachs & Smith Jonathan Leopold, Chief Administrative Officer, City of Burlington
New GASB accounting rules, changing demographics and constrained revenues have pushed to the forefront the issue of whether a crisis is brewing in government with respect to underfunded employee and retiree benefits. The principal co-authors of a groundbreaking report will discuss the long-term costs of these benefits, whether states are prepared to pay the significant bill coming due, and why it matters. The other panelists will present a case study of the ongoing struggles of a municipal employer and its unions addressing an underfunded pension plan.
11:45 a.m.–1:15 p.m. LUNCHEON
Speaker: Wilma Liebman, Member, National Labor Relations Board – Decline and Disenchantment: Reflections on the Aging of the National Labor Relations Board
The senior member of the National Labor Relations Board presents her views on the relevance of the National Labor Relations Act in the contemporary workplace and the performance of the National Labor Relations Board in administering the Act.
1:30 – 3:00 p.m. CONCURRENT WORKSHOPS
I – State of the States: State Government Budget Shortfalls and Labor Relations Implications
Speakers: Elizabeth McNichol, Senior Fellow, Center on Budget and Policy Priorities, Co-Author of Center report on State Budget Shortfalls Marc Pfeiffer, Deputy Director, Division of Local Government Services, New Jersey Department of Community Affairs Peter Thor, Director of Policy and Planning, AFSCME Council 4 (invited)
The panelists will address state government budget shortfalls in Northeastern states, exacerbated by a declining economy, and the existing and potential labor relations impacts of the deteriorating budgets.
II – Kentucky River, British Columbia Health and the Right to Organize and Bargain
Speakers: Jennifer Henry, President, United Professions of Vermont Peter Robb, Esq., Downs Rachlin Martin PLLC Deborah McPherson, President, British Columbia Nurses’ Union
This workshop will discuss and contrast the legal frameworks in the United States and Canada concerning the extension of collective bargaining rights to employees. The National Labor Relations Board’s Kentucky River decisions will be contrasted with the British Columbia Health decision of the Canada Supreme Court, which results in a more expansive view of the rights of employees to belong to unions than is reflected in the Kentucky River decisions.
III – Dealing with the Interplay of FMLA, ADA and Workers Compensation Statutes in a Union Setting
Speakers: Susan Gilfillan, Esq., McNeil, Leddy & Sheahan (Vermont) Jules Smith, Esq., Blitman & King (New York)
3:00 p.m. Break
3:15 – 4:45 p.m. Union Activities in the Electronic Workplace
Moderator: Martin Malin, Professor and Director, Institute for Law and the Workplace, Chicago-Kent College of Law
Panelists: Peter Conrad, Esq., Proskauer Rose LLP Barbara Camens, Esq. Barr & Camens Gilles Touchette, Ad.E, Ogilvy-Renault
The National Labor Relations Board’s controversial Register Guard decision will be used as the springboard for this interactive session addressing whether employees may use work e-mail systems for organizing and other union communications. 6:00-8:00 p.m. Evening Reception at ECHO Lake Aquarium and Science Center
Tuesday, July 22
9:00–10:30 a.m. Who’s Holding the Cards? – Agency Administration of Card Check and First Contract Arbitration Statutes
Moderator: Timothy Noonan, Executive Director, Vermont Labor Relations Board
Panelists: Kevin Whitaker, Chair, Ontario Labour Relations Board John Toner, Esq., Seyfarth Shaw LLP and former Executive Secretary, National Labor Relations Board David Quinn, Associate Counsel and Director of Litigation, New York State Public Employment Relations Board
10:30-10:45 a.m. Break
10:45-noon The Wizards of Ethics - An interactive discussion session with wit and wisdom on the rules of ethics and the codes of conduct for arbitrators, mediators and adjudicators in public service.
Discussion Facilitators: Dan Nielsen, Mediator, Wisconsin Employment Relations Commission; Laurie Rantala, Executive Director, Labour Services, Labour and Workforce Development (Nova Scotia)
Wednesday, July 23
9:00-10:30 a.m. ALRA Annual Business Meeting
10:30-10:45 a.m. Break
10:45-11:45 a.m. View from the Top – Observations on U.S. and Canadian national labor law and policy from the unique perspectives of our two panelists who serve on their respective national labor boards and apply the law and formulate policy.
Moderator: Les Heltzer, Executive Secretary, National Labor Relations Board
Panel: Elizabeth MacPherson, Chairperson, Canada Industrial Relations Board Wilma B. Liebman, Member, National Labor Relations Board
11:45-1:00 p.m. Lunch
1:00-2:15 p.m. Just Between You, and Me and Google . . . Balancing Privacy Considerations in the Agency Process
Panel: Jaye Bailey, General Counsel, Connecticut State Board of Labor Relations Rob Cook, General Counsel, Canada Industrial Relations Board
2:15-2:30 p.m. Break
2:30-4:30 p.m. Can I Really Wear Two Hats?: Whether its mediation/arbitration, pre-hearing meetings or just an attempt by an adjudicator to settle a case before hearing evidence, the trend is expanding in all jurisdictions. Are different or additional skill sets needed? How much pressure is on the neutral when you have to play both roles? In this facilitated discussion, delegates will get the opportunity to share their experiences and examine the different approaches being taken by our member agencies.
Discussion Facilitators: Sue Bauman, Commissioner, Wisconsin Employment Relations Commission Pierre Hamel, Executive Director and General Counsel, Canada Public Service Labour Relations Board
6:00 p.m. Reception
7:00 p.m. Closing Banquet
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