Start

September 27, 2023, 9:00 am

End

September 29, 2023, 11:30 am

Location

The Flamingo Las Vegas, Nevada

Register
Download the seminar brochure.

WEDNESDAY, SEPTEMBER 27, 2023

9:00 Recent Developments In Public Safety Labor Issues

Recent developments from around the country in the area of public safety labor relations, including:

  • Review of recent wage and benefit settlements/trends in public safety agencies.
  • The impact of inflation and recruiting/retention challenges on public safety bargaining.
  • Public attitudes toward policing and the related impact on all public safety employees.
  • Recent developments in overtime and wage/hour protections for public employees.
  • The First Amendment, labor law principles, and off-duty social media use.
  • Cell phones, flash drives, GPS trackers, and other electronic equipment – the privacy rights of public safety employees.
  • Developing legal standards regarding marijuana use by public safety employees.

Will Aitchison, Attorney at Law, Public Safety Labor Group, LLP; Founder, LRIS, Richard Poulson, Attorney at Law, Willig, Williams & Davidson.

12:00 Lunch (Included in registration)

1:00 Basic Principles Of Grievances And Arbitration

  • A discussion of sample grievance procedure language.
  • A discussion of what is grievable and what is not.
  • Time limits in a grievance procedure.
  • Selecting arbitrators.
  • The basics of how an arbitration hearing is conducted.
  • The relationship between grievances, unfair labor practices, and lawsuits in court.

Will Aitchison and Richard Poulson.

2:30 The Impact Of Past Practice On Bargaining and Arbitration

  •   The two ways that a past practice is important: (1) in interpreting a CBA; and (2) in limiting an employer’s ability to make changes in rules and operations.
  • The continuing nature of the duty to bargain, and how past practices can require mid-contract negotiations.
  • The topics that are mandatory for bargaining, including hours of work issues, disciplinary standards and proceedings, civilianization, staffing, residency, and more.
  • The elements that make a past practice binding, and the steps an employer must follow to make changes in past practices.

Will Aitchison and Richard Poulson.

4:00 Adjournment

4:15 Hosted Reception

THURSDAY, SEPTEMBER 28, 2023

9:00 The Grievance And Arbitration Checklist – How It Works

A basic checklist that both labor and management representatives can use whenever a grievance is at hand.

  • The goals of the checklist are to ensure that all possible relevant issues are researched and considered, and to provide a vehicle for evaluation of the merits of a grievance.
  • Topics on the checklist include Bargaining History, Past Practice, Historical Contracts, Prior Arbitration Decisions, Other Grievance Resolutions, and more.
  • Presenter will demonstrate and discuss legal issues related to utilization of checklist to prepare discipline and contract-interpretation grievances for arbitration.

Anil Karia, Attorney, Public Safety Labor Group.

10:30  The Finality of Awards and the Public Policy Exception

  • The finality of arbitration decisions.
  • Is there a “public policy exception” to final and binding arbitration?
  • Review of collateral attacks on final and binding grievance arbitration.
  • Legislative approaches to the finality of grievance arbitration awards.
  • The relationship between arbitration outcomes and lawsuits in court.
  • Differences between grievance and interest arbitration awards on appeal.

Anil Karia.

12:00 Lunch (Included in registration)

1:00 How An Arbitrator Looks At Grievances

  • When an arbitrator will look beyond the language of the contract to determine the meaning of the contract.
  • The types of evidence considered in interpreting contracts, including bargaining history, past practice, and evidence of practices under other contracts.
  • From an arbitrator’s perspective, the factors that make a past practice binding.
  • The interpretation aids arbitrators use in interpreting and applying contract language.
  • How arbitrators decide who has the burden of proof, and how much proof is necessary?
  • The rules of evidence in arbitration, including issues of hearsay and relevance.
  • The decision-making process – what is convincing and what is not?

Margaret Brogan, Arbitrator and Mediator, Philadelphia.

4:00   Adjournment

FRIDAY, SEPTEMBER 29, 2023

8:30 Principles Of Just Cause And Disciplinary Grievances

A point-counterpoint discussion featuring management and labor perspectives:

  • The 12 elements of the requirement of just cause for discipline and how they arise in public safety disciplinary grievances.
  • Principles covered will include progressive discipline, disparate treatment, the burden of proof in disciplinary cases, the need for clear and understandable work rules, the timeliness of disciplinary action, and proportionate punishment.

Robert Wexler, Attorney at Law and Partner, Rains Lucia Stern St. Phalle & Silver, PC.
Keri-Lyn Krafthefer, Attorney at Law and Partner, Ancel Glink.

11:30 Adjournment

Will Aitchison

Attorney at Law, Public Safety Labor Group, LLP; Executive Director, LRIS.

Will Aitchison

Mr. Aitchison is a founding member of the Public Safety Labor Group. Over the course of his legal career, Will has represented over 100 law enforcement labor organizations in five western states. He is a veteran of hundreds of public sector labor negotiations. He received his Doctor of Jurisprudence from Georgetown University Law Center in Washington, D.C. and is the author of several books on public sector labor matters, including The Rights of Law Enforcement Officers (8th Edition), and The FLSA, A User’s Manual. Will is also the founder and director of Labor Relations Information System.

Anil Karia

Attorney at Law, Public Safety Labor Group, LLP.

Anil Karia

Mr. Karia is a founding member of Public Safety Labor Group. Anil specializes in representing law enforcement associations and guilds in Oregon, Washington, and Alaska in all aspects of their labor relations, including day-to-day counsel, negotiations, arbitrations, unfair labor practice proceedings, civil litigation, and critical incident response. He is general counsel for police associations and guilds of all sizes, including the Portland Police Association. Anil graduated from Reed College in Portland and obtained his law degree from the University of Oregon School of Law in 2006.

Margaret Brogan

Arbitrator and Mediator

Margaret Brogan

Ms. Brogan is a full-time labor arbitrator and mediator, with offices in Oakland, CA and Philadelphia, PA. She is the immediate past president of the National Academy of Arbitrators. In her 29 years of arbitration practice, she has had significant experience with regard to public safety employees in both the grievance and interest arbitration forums. She received her J.D. from Villanova University and has been on the adjunct faculty for both the University of California, at Berkeley, School of Law, and St. Joseph’s University.

Keri-Lyn Krafthefer

Attorney at Law, Ancel Glink.

Keri-Lyn Krafthefer

Ms. Krafthefer is an equity partner with Ancel Glink. She has spent her entire career representing Illinois municipalities, townships, park districts, library districts, and school districts, and their officials in the day-to-day matters that arise, including corporate matters, labor and employment matters, tax objections, as well as in litigation. She represents politicians and candidates in election law matters, including ballot access, referenda, campaign finance and related matters. Keri-Lyn also serves as one of the primary attorneys for the Municipal Clerks of Illinois. She received her B.A. from the University of Illinois and her J.D. from The John Marshall Law School.

Richard G. Poulson

Attorney at Law, Willig, Williams & Davidson.

Richard G. Poulson

Mr. Poulson has been representing labor unions for his entire career, representing union clients in collective bargaining, interest and grievance arbitration and employment-related litigation. He is a partner with the Philadelphia, Pennsylvania firm of Willig, Williams & Davidson, where he focuses on advising and representing police, fire, paramedic and other uniformed employees regarding municipal affairs and public employment. He earned his B.A. from La Salle University (1992) and his J.D. from the Catholic University of America, Columbus School of Law (1997).
Rob Wexler

Robert Wexler

Attorney at Law, Rains Lucia Stern

Robert Wexler

Mr. Wexler is a partner in the California law firm Rains Lucia Stern. For over 20 years he has represented labor associations and their members on all matters relating to contract negotiations, grievances, disciplinary investigations, wage and hour claims, disability rights, and retirement matters. He is a graduate of Southwestern University School of Law.

The Flamingo
3555 Las Vegas Blvd. South
Las Vegas, NV 89109

Guest room rates at the Flamingo are $119 per night, single or double occupancy, plus a resort fee and tax Tuesday through Thursday nights. The rate is $149 plus the resort fee and tax on Friday and Saturday nights. Register on the hotel’s website or call the hotel directly for room reservations and inform them that you are attending this Labor Relations Information System seminar at (888) 373-9855, Group Code: SFGAP3.

The LINQ
3535 Las Vegas Blvd. South
Las Vegas, NV 89109

Rooms are also available at the LINQ Hotel, located next door to the Flamingo. The rates at the LINQ are $99 plus a resort fee and tax Tuesday through Thursday nights; $139 a night Friday and Saturday. Register on the hotel’s website or call the hotel directly for room reservations and inform them that you are attending this Labor Relations Information System seminar at (866) 523-2781, Group Code: SQGAP3.

A very limited number of rooms are available at these rates on Friday and Saturday nights, so reserve early if you plan to stay over. Reservations must be made by August 23, 2023. Reservations made after this date are subject to space availability and at prevailing rates.

Registration fees are $850 per person; $725 per person if three or more attend from the same organization. 

Reservations may be canceled up to ten days prior to the seminar with a full refund. Cancellations made within ten days are subject to a $150 fee. Substitutions may be made at any time.

Registration fees include attendance, lunch on the first two days of the seminar, all seminar materials, and a hospitality reception on the first evening.

Each attendee will receive a handbook containing extensive written materials pertaining to each of the subjects addressed.

Seminar handouts will be available for download one week prior to the seminar. If you supplied an email address at the time of registering for the seminar, you will receive an email with reminders and a link to the handouts. If you did not supply an email address, contact LRIS at Claire@LRIS.com to add your email to your registration information.

Peace Officer Standards and Training (P.O.S.T.) credits may be available on a state-by-state basis. If you would like information on your state, please contact Seminar Coordinator Claire Cowan at (503) 282-5440 or Claire@LRIS.com 30 days prior to the seminar.

LRIS has been approved as a CLE provider by the State Bar of California. This program will qualify for 12.5 hours of MCLE credit by the State Bar of California. If you require certification from any other state, please contact Seminar Coordinator Claire Cowan at (503) 282-5440 or Claire@LRIS.com 30 days prior to the seminar.

We do not have a dress code, but suggest attendees wear business casual clothing.

Company

About LRIS

LRIS Premium Subscribers

  • Lost your Password?

    • LRIS Email Signup

    Get the latest news on public safety labor and employment issues.

    Sign Up
    © Copyright LRIS
    Close

    Advanced Course in Police Discipline Webinar Series

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.

     

    Buy Now

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.

     

    Buy Now

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.

     

    Buy Now

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.

     

    Buy Now

    Select a webinar session to purchase the recording or learn more. Buy each session for $39 or the whole series for $$$$.

    Topics Covered:
    • Lorem ipsum dolor sit amet, consectetur adipiscing elit.
    • Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
    •  

    Buy Now

    Topics Covered:
    • Lorem ipsum dolor sit amet, consectetur adipiscing elit.
    • Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
    •  

    Buy Now

    Topics Covered:
    • Lorem ipsum dolor sit amet, consectetur adipiscing elit.
    • Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
    •  

    Buy Now

    Topics Covered:
    • Lorem ipsum dolor sit amet, consectetur adipiscing elit.
    • Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
    •  

    Buy Now

    Want everything? Buy the complete series.

    Buy Now
    Close

    Health & Wellness Programs Webinar Series

    Select a webinar session to purchase the recording or learn more. Buy each session for $39 or the whole series for $195.

    Topics Covered:
    • Lorem ipsum dolor sit amet, consectetur adipiscing elit.
    • Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
    •  

    Buy Now

    Topics Covered:
    • Lorem ipsum dolor sit amet, consectetur adipiscing elit.
    • Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
    •  

    Buy Now

    Topics Covered:
    • Lorem ipsum dolor sit amet, consectetur adipiscing elit.
    • Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
    •  

    Buy Now

    Topics Covered:
    • Lorem ipsum dolor sit amet, consectetur adipiscing elit.
    • Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
    •  

    Buy Now

    Topics Covered:
    • Traditional barriers to wellness programs
    • The costs to employers of inadequate wellness, including liability claims, workers’ compensation claims, and general job performance
    • The different kinds of wellness: psychological, physical, family, financial, and holistic
    • Starting a program – what online and other resources are available?
    • Should participation be mandatory?
    • The need for confidentiality of wellness programs
    • Integrating training and education with wellness and finding time in the workday for wellness
    • The roles of the Department psychologist/counselor/chaplain and peer leaders/fitness trainers. What kinds of personalities are you looking for as part of the wellness team?
    • Mindfulness in the public safety workplace
    • Including civilian employees in the program
    • Metrics for success of a wellness program
    •  

    Buy Now

    Metro Nashville Police Department’s Professional Wellness Section (MNPD PWS) is a comprehensive, officer wellness program that is comprised of 2 Units: Counseling Unit and Wellness Unit.   Various services are provided, including psychotherapy, training, critical incident stress management, peer support, family support, mentoring, and chaplain support.  The Professional Wellness Section began in 1985 and was cited as a model officer wellness program in a 2019 Department of Justice Congressional Report.  It is composed of both sworn and civilian employees.  
    Topics Included:
    • An overview of the program. How we started in 1986 with 1 counselor and have evolved to having a more comprehensive wellness program
    • Overview of our various services, including counseling, critical incident response, wellness and resiliency training, peer support, family support, chaplain support, veteran support, wellness outreach, training and development and a brand new mentoring program
    • Crisis Management Model- Pre Crisis, Crisis, Post Crisis Interventions
    • Focus on how we provide various services from hire to retire and beyond
    • Our approach to attacking stigma of mental health and some of our direct interventions
    • MNPD Wellness Program which covers 5 types of wellness checks offered to our department
    • Core value of building Healthy, Trusting Relationships with officers and families from Day 1
    • Guiding principles that led to adding a sworn wellness unit to an already established counseling unit
    Buy Now

    Want everything? Buy the complete series.

    Buy Now
    Close

    Grievances And Arbitration Webinar Series

    Select a webinar session to purchase the recording or learn more. Buy each session for $39 or the whole series for $195.

    Topics Covered:
    • A discussion of sample grievance procedure language.
    • A discussion of what is “grievable” and what is not.
    • The detail necessary on a grievance.
    • Time limits in a grievance procedure.
    • The advisability of grievance meetings rather than written processing.
    • Selecting arbitrators.
    • The basics of how an arbitration hearing is conducted.
    • The finality of arbitration decisions.
    • The relationship between grievance procedures, unfair labor practices, and lawsuits in court.
    •  

    Buy Now

    Topics Covered:
    • The two ways that a past practice is important: In interpreting a collective bargaining agreement, and in limiting an employer’s ability to make changes in rules and operations.
    • The continuing nature of the duty to bargain and how past practices can require mid-contract negotiations.
    • The topics that are mandatory for bargaining, including hours of work issues, disciplinary standards and proceedings, “civilianization,” staffing, residency, and more.
    • The elements that make a past practice binding, and the steps an employer must follow to make changes in past practices.
    •  

    Buy Now

    Topics Covered:
    • When an arbitrator will look beyond the language of the contract to determine the meaning of the contract.
    • The types of evidence considered in interpreting contracts, including bargaining history, past practice, and evidence of practices under other contracts.
    • From an arbitrator’s perspective, the factors that make a past practice binding.
    • The “interpretation aids” arbitrators use in interpreting and applying contract language.
    • How arbitrators decide who has the burden of proof, and how much proof is necessary?
    • The rules of evidence in arbitration, including issues of hearsay and relevance.
    • The decision-making process – what’s convincing and what is not?
    •  

    Buy Now

    Topics Covered:
    • The negotiability of social media rules.
    • The First Amendment, labor law principles, and off-duty social media use.
    • The types of social media speech likely to be protected and unprotected, and why.
    • How arbitrators consider social media questions.
    •  

    Buy Now

    Topics Covered:
    • Detailed checklists that will help you prepare for filing and processing grievances and for arbitration hearings.
    • What happens when a grievance is also a ULP?
    • Framing the issue in disciplinary and “contract interpretation” grievances.
    • The different tests for just cause for discipline, and how they apply in arbitration.
    • Commonly occurring disciplinary issues, including the use of personnel files, investigatory files, and witnesses.
    • What is an “information request,” and why must both sides comply with one?
    • The relevance of bargaining history and prior arbitration awards.
    •  

    Buy Now

    Want everything? Buy the complete series.

    Buy Now
    Close

    The Rights of Law Enforcement Webinar Series

    Select a webinar session to purchase the recording or learn more. Buy each session for $39 or purchase the entire series for $195. Purchasing the entire series gives you a digital copy of The Rights of Law Enforcement Officers, 8th Edition.

    Topics Covered:
    • How a single employment issue can involve federal, state, and local law.
    • Where collective bargaining and bills of rights exist, and the current attacks on both.
    • How the politics of different court systems can lead to a different choice in courts.
    • How issues like drug testing, overtime, sick leave use, internal affairs investigations, and qualified immunity can involve different sources of rights.
    • The basic rule – in cases of conflict between federal, state, and local law, which prevails and under what circumstances?
    •  

    Buy Now

    Topics Covered:
    • How the right to privacy impacts a variety of issues in the law enforcement workplace.
    • The right to privacy and personal relationships, and memberships in groups.
    • How residency rules, sick leave policies, and fitness-for-duty evaluations can impact privacy rights.
    • Drug testing and the right to privacy. Medical privacy, HIPAA, the ADA, and state laws.
    • COVID-19 protocols and privacy rights.
    •  

    Buy Now

    Topics Covered:
    • The Garrity and Miranda rules in internal affairs investigations, critical incidents, and day-to-day interactions between management and labor.
    • When is a statement considered “compelled” for Garrity purposes?
    • What does it mean that a compelled statement cannot be “used” against an employee?
    • Is an employee in “custody” for Miranda purposes when ordered not to leave the workplace?
    • How Garrity and Miranda interact, and how the Garrity and Lybarger rules relate to each other.
    •  

    Buy Now

    Topics Covered:
    • The right to representation under the Weingarten rule.
    • Do witnesses have the right to representation in internal affairs interviews?
    • What exactly can the union representative say and do when representing a member?
    • The consequences of a Weingarten violation on discipline.
    • Can a union conduct a concurrent investigation while an internal affairs investigation is ongoing?
    • The validity of “no contact” orders in the Internal Affairs process.
    •  

    Buy Now

    Topics Covered:
    • How the right to privacy impacts a variety of issues in the law enforcement workplace.
    • The right to privacy and personal relationships, and memberships in groups.
    • How residency rules, sick leave policies, and fitness-for-duty evaluations can impact privacy rights.
    • Drug testing and the right to privacy.
    • Medical privacy, HIPAA, the ADA, and state laws.
    • COVID-19 protocols and privacy rights.
    •  

    Buy Now

    Topics Covered:
    • What is happening with the FLSA? A review of FLSA litigation involving numerous law enforcement agencies.
    • How the FLSA demands the overtime rate be calculated, including the treatment of premium pay, specialty pay, incentive pay, and shift differential.
    • What are “hours worked” that must be compensated under the FLSA, and how the FLSA’s unique comp time system works.
    •  

    Buy Now

    Want everything? Buy the complete series.

    Buy Now