31st Seminar on Labor-Management Relations
Labor Law in the Age of Social Media
Date: Friday, June 10, 2011
8:00 a.m. - 9:00 a.m. Registration
9:00 a.m. - 9:10 a.m. Welcome & Introductions
9:10 a.m. - 10:00 a.m. Dean Gary R. Roberts, IU School of Law – Indianapolis
The Unique Labor Law Issues Involved in Collective Bargaining between Professional Sports Leagues & Player Unions
Dean Roberts is a nationally known sports law expert who will address the current issues related to the NFL.
10:00 a.m. - 10:50 a.m. Mark Gaston Pearce, National Labor Relations Board Member
The NLRB Today: Upholding the Law in Changing Times
A discussion of the National Labor Relations Act and its relevance to current trends in labor management relations.
CLASS SESSIONS (see list of faculty below)
11:00 a.m. - 11:50 a.m. Session 1
- Facebook Panel
Faculty: Rik Lineback, Stuart R. Buttrick, & Geoffrey S. Lohman
Even 20-somethings whose news starts (and ends) with Jon Stewart and YouTube now have the NLRB and its Facebook cases on their radar, um, iPhone/iPad/Droid screens. Join our panel to explore the relevance of and possibilities under Section 7 of the NLRA in the age of social media and the extended-electronic-mind.
- FLSA - Now That I Found It, How Do I Fix It? Remedial Strategies for Wage and Hour Gaffes and Glitches
Facutly: Steve Garrett, Todd M. Niermann & Donald S. Smith
We will examine the full range of legal issues that arise when employers discover wage and hour violations, and provide practical strategies for answering difficult questions employers confront, such as whether audit results can be shielded from discovery and remedying off-the-clock allegations.
11:50 noon - 12:30 p.m. Lunch (no program, lunch provided)
12:30 p.m. - 1:30 p.m. Session 2
- Protected Concerted Activity: How Far Will the Board Go?
Faculty: Travis P. Meek, Barry A. Macey, and Kim Sorg-Graves
Through a series of recent Board decisions, employees' Section 7 right to engage in concerted activity for the purpose of mutual aid and protection has been extended to a broad array of circumstances. Personal Facebook postings, untucked shirts, and "pre-emptive" discharges have all been the subject of scrutiny, leading to a new understanding of just how far the Board is prepared to go when protecting this right.
- Accommodating the Disabled Worker - The ADA Interactive Process that Really Works
Faculty: Stephen W. Lyman and Aarika Mack-Brown
Where do you begin when an employee asks for help doing the job? First you need a strategy that works. The simple four-step interactive process is a strategy that really works. This session will provide all the tools so that you will end up doing the right thing for the employee and for your company.
- Ethics and Social Media
Faculty: Lori Ketcham, William T. ("Tuck") Hopkins, and Frederick ("Rick") Dennerline
A discussion of this developing area of law, including attorneys' use of social media, such as Facebook and blogging.
1:35 p.m. - 2:20 p.m. Session 3
- Developments in Indiana Labor and Employment Law
Faculty: Lori Torres, Commissioner; Ryan Poor and Richard Swanson
Panelists will address hot topics and recent trends in Indiana labor law, focusing on public sector collective bargaining from the perspective of the state, local government units and organized labor.
- Union Access to Employer Property: A Guide to Management's Rights and Obligations
Faculty: Brian R. Garrison and Michael H. Boldtn
In the event of handbilling or picketing at a workplace as part of a consumer boycott, union organizing, or other informational activity unrelated to organizing, employers typically want to keep off-duty employees and non-employee union organizers off their property. The general rule established by the United States Supreme Court that applies to these situations is straightforward, but there are many nuances under Board law that govern an employer's ability to control access to its property. This session will cover various issues that relate to an employer's ability to regulate access as it applies to union agents, non-employees, and off-duty employees, including a discussion of new standard set forth in the Board's recently-issued New York New York case, which involves access by off-duty employees of a third party.
- Access Cases from the Union Perspective
David Williams, Marilyn L. Widman and Robert A. Hicks
This class will address contemporary and innovative approaches to access/information issues in organizing, including an overview of bannering v. picketing as the law finds it in 2011. Panelists will also discuss projection bannering (what it is and how to do it), Facebook/social media uses for organizing and legal surveillance using GPS.
2:30 p.m. - 3:20 p.m. Session 4
- Essential Preparatory Steps For Successful Advocacy In Grievance Arbitration
Faculty: Professor Robert Brookins
This session examines the following essential steps in preparing and presenting a persuasive case in grievance arbitration, including interviewing\selecting witnesses, developing a theory of the case, opening statements, types of evidence (circumstantial, direct, documentary, real, hearsay), direct examination, cross examination and closing argument/post-hearing briefs.
- Social Media & New Technology: The Rewards and Risks
Faculty: Jan Michelsen, Anthony Alfano and Derek A. Johnson
Facebook, Twitter, YouTube, blogs, chat sessions, and interactive web sites are great vehicles for communication and an important part of 21st century marketing strategies. However, because social media impacts almost every aspect of employment, from hire to fire, organizations of all sizes and kinds --and their employees-- must understand and weigh the attendant risks of Web 2.0 tools. We will discuss how the use and abuse of social media can lead to litigation; how to develop, integrate, and implement social media policies that fit an employer's culture AND comport with the law; and the tension between employer policies and privacy and protected speech.
- EEOC and Social Media
Faculty: Aarika Mack-Brown
Whether you "Friend", "Tweet", or stay "LinkedIn", social media has changed the way we interact with the world. In this session, we will highlight some of the ways employers, employees, and job seekers are using social media outlets. We will analyze the benefits and perils of the social media scene. Finally, we will discuss how to use social media as both a tool in discovery and as a source of discoverable information.
3:35 p.m. - 4:30 p.m. Session 5
- OFCCP Is On the Move: Is Your Company Prepared for an Affirmative Action/Employment Discrimination Audit?
FacultyJonathan C. Bumgarner and Steven Southwood
OFCCP has been aggressively expanding the scope of its jurisdiction and stepping up its enforcement efforts under the new administration. This session will help you determine if your company is a covered federal contractor or subcontractor, and what you should be doing to prepare for an affirmative action/employment discrimination audit by OFCCP.)
- Conflict in the Work Place And How to Deal With It
Faculty: Roberto G. Chavarry and Mary Jane Mitchell
Work place conflict has an adverse impact on workers' morale, productivity and is a major root cause of dysfunctional behavior. This session is designed to explore some of its causes and how best to minimize their impact. Attendees will participate in interactive exercises designed to assist them in recognizing and managing work place conflict.
IU School of Law - Indianapolis
530 West New York Street
Indianapolis, IN 46202
University Place Conference Center & Hotel
850 W. Michigan Street
Indianapolis, Indiana 46202 USA
For reservations call: 317-231-5160 or 1-800-627-2700
The Seminar has reserved a block of rooms at a conference rate for the night of June 9th at University Place Conference Center & Hotel, which is located approximate two blocks west of the law school. The rate for seminar attendees is $115.00 per night for a single occupancy. When calling the hotel to register, use the code "Labor Management Seminar" or you can register online using this link. There are a limited number of rooms in this block, so please make your reservations as soon as possible.
REGISTRATION AND FEES
Enrollment in the seminar is open to attorneys and labor and management officials. The fee for the seminar is $200. The fee includes all seminar materials and a boxed lunch. Please return the registration form as promptly as possible. Fees will not be refunded after June 3, 2011.
If you have any questions regarding the seminar, contact Shaun Ingram
Phone: (317) 278-4789
Fax: (317) 278-4790
Individuals with disabilities who need special assistance, call: (317) 278-4789. Special arrangements can be made to accommodate most needs.
Free parking will be available in the surface lot immediately west of Inlow Hall (Lot 85). Seminar participants may park in this lot free of charge and do not need a valid IUPUI permit to do so.
Allotta, Farley & Widman Co. LPA
Marilyn L. Widman
Baker & Daniels LLP
Stuart R. Buttrick
Brian R. Garrison
Barnes & Thornburg LLP
William T. (“Tuck”) Hopkins
Dept. of Labor, Office of Federal Contract Compliance Programs, Indianapolis District Office
Equal Employment Opportunity Commission, Indianapolis District Office
Fillenwarth, Dennerline, Groth & Towe LLP
Frederick W. (Rick) Dennerline III
Geoffrey S. Lohman
Hall, Render, Killian, Heath & Lyman, PC
Jonathan C. Bumgarner
Stephen W. Lyman
Travis P. Meek
Ice Miller LLP
Michael H. Boldt
Ryan M. Poor
Indiana Department of Labor
Lori Torres, Commissioner
Littler Mendelson, PC
Todd M. Nierman
Macey, Swanson & Allman
Barry A. Macey
Richard J. Swanson
Robert A. Hicks
Ogletree, Deakins, Nash, Smoak & Stewart, PC
Riley, Bennett & Egloff, LLP
Donald S. Smith
United Steelworkers of America
NATIONAL LABOR RELATIONS BOARD (NLRB) FACULTY
Rik Lineback, Regional Director, Region 25
Roberto G. Chavarry Regional Director (retired), Regions 25 and 13
Lori Ketcham, Special Ethics Counsel
Richard J. Simon, Regional Attorney, Region 25
Patricia K. Nachand, Assistant Regional Director, Region 25
Joanne C. Mages, Deputy Regional Attorney, Region 25
Mary Jane Mitchell, Supervisory Field Examiner, Region 25
Derek A. Johnson, Field Attorney, Region 25
Kim Sorg-Graves, Field Attorney, Region 25
SCHOOL OF LAW – INDIANAPOLIS PARTICIPANTS
Gary R. Roberts, Dean and Gerald L. Bepko Professor of Law
Robert Brookins, Professor of Law
ADVISORY BOARD MEMBERS
Nathan A. Baker - Barnes & Thornburg LLP
Lori Ballantini – NLRB Field Examiner, Region 25
Michael H. Boldt - Ice Miller LLP
Robert Brookins - Professor of Law, IU School of Law, Indianapolis
Stuart R. Buttrick - Baker & Daniels LLP
Frederick W. (Rick) Dennerline III – Fillenwarth, Dennerline, Groth & Towe LLP
Rik Lineback – NLRB Regional Director, Region 25
Barry A. Macey – Macey, Swanson & Allman
Mary Jane Mitchell – NLRB Supervisory Field Examiner, Region 25
John T. Neighbours – Baker & Daniels LLP
Ryan M. Poor – Ice Miller LLP
Richard J. Simon, NLRB Regional Attorney, Region 25
Richard J. Swanson - Macey, Swanson & Allman