AI & Technology: The Grievance And Arbitration Process

AI, technology, grievances, arbitration

AI & Technology: The Grievance And Arbitration Process

Start

September 18, 2024 9:00 am

End

September 20, 2024 11:30 am

Location

Horseshoe Hotel
Las Vegas, Nevada

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Wednesday, September 18, 2024

9:00 Introduction And Recent Developments In Public Safety Labor Relations

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

  • What’s happening with the economy? A review of economic indicators and why they are relevant in public safety bargaining.
  • The impact of inflation and recruiting/retention challenges on public safety bargaining.
  • Review of recent wage and benefit settlements/trends in public safety agencies.
  • Review of recent US Supreme Court decisions affecting emergency responders.
  • 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.

Anil Karia, Attorney at Law, Public Safety Labor Group, LLC; Assistant Director, LRIS.

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.

Anil Karia.

2:30 Bargaining Obligations and Past Practices

  • 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.

Anil Karia.

4:00 Adjournment

4:15 Hosted Reception

Thursday, September 19, 2024

9:00 Bargaining and Grievances Over Technology

  • Review of the scope of bargaining and application to changing standards.
  • The standards governing disputes over the meaning of contract language.
  • Understanding the importance of bargaining history, past practice, historical contracts, prior arbitration decisions, other grievance resolutions, and more.
  • Applying contract-interpretation standards to disputes over new technology in the public safety workplace.

Richard Poulson, Attorney at Law, Willig, Williams & Davidson; Executive Director, LRIS.

10:00 Artificial Intelligence in the Public Safety Workplace

  • What is artificial intelligence and how is it being used in public safety agencies?
  • Review of legal standards governing collective bargaining over the use of AI systems in the public safety workplace.
  • Body cameras and mobile video recorders – how do they relate to AI systems?
  • Review of statutory approaches to AI regulation in the workplace.
  • How to address concerns around bias and ethics in AI algorithms.
  • Special problems related to the use of AI in hiring and promotions.

Richard Poulson.

12:00 Lunch (Included in registration)

1:00 How Arbitrators Look At Grievances Generally

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

Richard Poulson; Walt De Treux, Labor and Employment Arbitrator and Mediator; Cheryl Stevens, Labor and Employment Arbitrator; and Diego Peña Founder, Peña Arbitration & Mediation Group.

2:30 Ask the Arbitrators: Technology and the Impact on Arbitration

  • Substance versus procedure – does the topic of the grievance change the standards governing arbitral decision-making?
  • The rules of evidence and new technologies – standards governing the use of AI tools in the grievance and arbitration process.
  • Discussion of ethical considerations related to the use of AI in arbitration, by parties or by the arbitrator.
  • The growing reliance on video evidence in the era of body cameras and other surveillance of public safety employees.
  • Zoom fatigue – the impact of “virtual” arbitration hearings.

Richard Poulson, Walt De Treux, Cheryl Stevens, and Diego Peña.

4:00 Adjournment

Friday, September 20, 2024

8:30 New Technology, Just Cause And Disciplinary Grievances

  • The 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.
  • Evolving standards governing social media, cell phone and other internet use by public safety workers.
  • Freedom of speech and public worker privacy rights. When are social media posts protected speech under the First Amendment?
  • Application of the just cause standard in the context of social media discipline.

Mark Meyerhoff, Attorney at Law, Liebert Cassidy Whitmore.

11:30 Adjournment

Walt De Treux

Walt De Treux

Labor and Employment Arbitrator and Mediator

Walt De Treux

Mr. De Treux has been a labor and employment arbitrator and mediator since 1999 and has worked in the labor management field since 1982. A graduate of Pennsylvania State University (B.A., Labor Studies, 1983) and Temple University School of Law (J.D. 1987), Walt has an extensive labor and employment arbitration and mediation practice in a wide range of industries and issues. He also develops and conducts extensive training for advocates and arbitrators. Walt is a member of the National Academy of Arbitrators and a Fellow of the College of Labor and Employment Lawyers. Walt previously served as Counsel to the Pennsylvania Conference of Teamsters and its subordinate bodies. He has also worked in legal and leadership positions with the Pennsylvania Senate Appropriations Committee and Philadelphia City Council.

Anil Karia

Attorney at Law, Assistant Executive Director, LRIS

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.

Mark Meyerhoff

Attorney at Law, Liebert Cassidy Whitmore.

Mark Meyerhoff

Mr. Meyerhoff is an attorney in the Los Angeles, California office of Liebert Cassidy Whitmore. The firm specializes in representing management interests in public sector labor relations. He advises and represents clients in all aspects of employment and labor relations matters, such as discipline and termination arbitrations and hearings, state and federal court actions involving civil rights, Public Safety Officer Procedural Bill of Rights issues, and harassment and discrimination charges. He received his Doctor of Jurisprudence from Loyola Law School.

Diego J. Peña

Founder, Peña Arbitration & Mediation Group

Diego J. Peña

Mr. Peña, the founder of the Peña Arbitration & Mediation Group is a professional arbitrator and experienced mediator. He specializes in arbitrating and mediating labor, employment, consumer and business disputes. Since establishing the Peña Arbitration & Mediation Group in 2019, he has arbitrated and mediated labor, employment, commercial and consumer disputes in Texas, Alabama, Arizona, California, Colorado, Georgia, Idaho, Indiana, Illinois, Kansas, Maryland, Missouri, North Carolina, Oklahoma, Pennsylvania, South Carolina, Tennessee, Virginia, Wisconsin, Washington and Washington, D.C.
Richard Poulson

Richard G. Poulson

Attorney at Law, Executive Director, LRIS

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).

Cheryl Stevens

Arbitrator and Mediator

Cheryl Stevens

Ms. Stevens has practiced law in California for over thirty years. Ms. Stevens earned her Bachelor of Arts degree from Wesleyan University and her Juris Doctorate from Howard University, where she was Editor in Chief of the Howard University School of Law, Law Journal. Before moving to California, Ms. Stevens clerked for the Honorable Damon J. Keith, United States Court of Appeals for the Sixth Circuit. Ms. Stevens has extensive experience representing commercial and public entity clients in labor and employment matters, general civil litigation, civil rights defense, and business torts. She is currently an arbitrator hearing commercial disputes and labor and employment matters.

Visit HTTPS://BOOK.PASSKEY.COM/GO/SBGRV4 to make reservations online at the Horseshoe or The Paris or call the hotel directly and request the group rate for this seminar. Reservations must be made by August 17, 2024. Reservations received after this date will be on a space-available basis only and at the prevailing rate.

The Horseshoe Las Vegas

The Horseshore

3645 Las Vegas Blvd. South
Las Vegas, NV 89109
Room rates Tuesday through Thursday nights are $89 per night, plus taxes and fees. A limited number of rooms are available on Friday and Saturday night for $179, so book early if you plan to stay over the weekend. Call (877) 603-4390 with group code SBGRV4.

The Paris Las Vegas

The Paris

3655 Las Vegas Blvd. South
Las Vegas, NV 89109
Room rates Tuesday through Thursday nights are $179 per night, plus taxes and fees. A limited number of rooms are available on Friday and Saturday night for $209, so book early if you plan to stay over the weekend. Call (877) 796-2096 with group code SPGRV4.

Registration fees are $900 per person; $750 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 link to a PDF version of the materials containing extensive information 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 Claire@LRIS.com 30 days prior to the seminar.

If you require MCLE certification from any state, please contact Seminar Coordinator Claire Cowan at Claire@LRIS.com 30 days prior to the seminar.

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

Advanced Course in Police Discipline Webinar Series

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Health & Wellness Programs Webinar Series

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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
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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
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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.
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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.
  •  

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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?
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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.
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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.
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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?
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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.
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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.
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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.
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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.
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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.
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Want everything? Buy the complete series.