SAVE $200 Register by August 15, Use Code: CX011EBB
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1 25th Annual ALI CLE Course EARLY BIRD DISCOUNT SAVE $200 Register by August 15, Use Code: CX011EBB Airline and Railroad Labor and Employment Law: A Comprehensive Analysis Thursday-Friday, October 1-2, 2015 (Washington Plaza Hotel) and Live Video Webcast Register online: 15 CLE credits, including one hour of ethics (includes optional introductory lecture) 18 CPE credits in Business Law This course is the event of the year for attorneys and executives who want to stay abreast of emerging issues affecting airline and railroad labor relations. This comprehensive program examines the most important issues in airline and railroad labor relations, including: National Mediation Board developments Latest bargaining issues between unions and carriers Effect of airline and railroad mergers and acquisitions on labor organizations Extraterritorial application of U.S. employment and safety laws Judicial enforcement of the RLA and unfair labor practices Drones, space law, and other hot topics Get the updates you need and benefit from unparalleled opportunities to interact with National Mediation Board members and staff, as well as with personnel who play key roles in labor relations for airlines and railroads. "... [A]n excellent refresher for experienced practitioners and a superior introduction to the RLA for novices in the area." previous registrant
2 Planning Chairs (also on faculty) Joseph Z. Fleming, Greenberg Traurig, P.A., Miami, ALI Member Faculty GOVERNMENT Nicholas C. Geale, Chairman (effective July 1, 2015), National Mediation Board, Eileen Hennessey, Counsel, National Mediation Board, Harry R. Hoglander, Member, National Mediation Board, Michael Kelliher, Deputy Chief of Staff, National Mediation Board, Linda A. Puchala, Member, National Mediation Board, Daniel Rainey, Chief of Staff, National Mediation Board, Roland Watkins, Director, Office of Arbitration Services, National Mediation Board, MEDIATORS AND ARBITRATORS George M. Cohen, Former Director, Federal Mediation and Conciliation Service and Consultant, Joshua M. Javits, Mediator and Arbitrator, Dispute Resolution Services, INDUSTRY AND ASSOCIATIONS Jonathan A. Cohen, Chief Counsel and Director, Air Line Pilots Association, Mary L. Johnson, General Counsel, National Mediation Board, Arthur M. Luby, Assistant Director of Representation, Air Line Pilots Association, Herndon, Virginia Joanna L. Moorhead, General Counsel, National Railway Labor Conference, Carla M. Siegel, Deputy General Counsel, The International Association of Machinists and Aerospace Workers, Upper Marlboro, Maryland PRIVATE PRACTITIONERS Roger H. Briton, Jackson Lewis, P.C., Melville, New York John O B. Clarke, Highsaw, Mahoney & Clarke, P.C., Darin M. Dalmat, James & Hoffman, P.C., Elizabeth S. Dougherty, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Richard S. Edelman, Mooney, Green, Saindon, Murphy & Welch, P.C., Marc Esposito, Vice President, Value Relations, JetBlue Airways, New York Jeffrey R. Freund, Bredhoff & Kaiser, P.L.L.C., Jonathan C. Fritts, Morgan Lewis & Bockius LLP, Douglas W. Hall, Ford & Harrison LLP, Chris A. Hollinger, O, Melveny & Myers LLP, San Francisco Stephen B. Moldof, Cohen, Weiss and Simon LLP, New York Tom A. Jerman, Jones Day, Aparna B. Joshi, O, Melveny & Myers LLP, Thomas J. Kassin, Ford & Harrison LLP, Atlanta Daniel M. Katz, Katz & Ranzman, P.C., Donald J. Munro, Jones Day, Peter M. Panken, Epstein Becker & Green, P.C., New York, ALI Member Carmen R. Parcelli, Guerrieri, Clayman, Bartos & Parcelli, P.C., Thomas E. Reinert, Jr., Morgan Lewis & Bockius LLP, Elizabeth A. Roma, Guerrieri, Clayman, Bartos & Parcelli, P.C., Robert Siegel, O Melveny & Myers LLP, Los Angeles Roland P. Wilder, Jr., Baptiste & Wilder, P.C., William R. Wilder, Baptiste & Wilder, P.C., Kenneth M. Willner, Paul Hastings LLP, Michael S. Wolly, Zwerdling, Paul, Kahn & Wolly, P.C., ALI CLE Program Attorney: Kevin J. O Connor (koconnor@ali-cle.org)
3 Program All times Eastern Thursday, October 1, :00 a.m. Registration and Continental fast 7:55 a.m. Administrative Remarks ALI CLE Staff Video Webcast Segment A $329 Introduction to the RLA, Representation, and Elections 8:00 a.m. Introduction to Labor Relations in the Airline and Railroad Industries An optional session for those not familiar with the RLA 8:45 a.m. Networking and Refreshment 9:00 a.m. The Railway Labor Act and Its Application to the Airline and Railroad Industries The role of the National Mediation Board (including commentary by members of the Board); Board procedures and regulations and their application to employees, labor organizations, and carriers 10:15 a.m. Networking and Refreshment 10:30 a.m. Representation Matters Before the National Mediation Board Representation functions and hearing procedures before the Board; representation procedures relating to class or craft selection; Board jurisdiction; basic class or craft concepts in the airline and railroad industries; accretion issues; recent case developments before the Board and in the courts; use of the NMB Representation Rules and Representation Manual 11:30 a.m. Election Campaigns Rights, practical campaign strategy, and communications; applicable laws; problems that can be anticipated, including allegations of carrier or labor organization interference The role of the Board in election proceedings; Board notices, campaign activities, and technological developments Comparison: Air and rail 12:30 p.m. Lunch with Faculty and Registrants (provided by ALI CLE) Video Webcast Segment B $329 Bargaining, Mediation, Status Quo, and Work Stoppages 1:45 p.m. Mediation and Collective Bargaining Under the Railway Labor Act: Comments on Mediation 2:15 p.m. The Bargaining Process: Unions and Carriers Basic tactics in negotiating agreements; clauses (including force majeure provisions) and problems often found; practical suggestions on negotiating policies; national or local handling of bargaining issues in the railroad industry; new techniques and processes; health care and emerging issues 2:55 p.m. Networking and Refreshment
4 3:10 p.m. Management and the Mediation Process and Emergency Boards The role of Section 10 Emergency Boards, their use, recommendations, and implementation processes (including ad hoc legislative approaches); a comparison of railroad and airline processes to determine whether Emergency Boards should be used 4:10 p.m. The Status Quo, Strikes, Intermittent Work Stoppages, Picketing, Unilateral Action, and Impasse Procedures Status quo requirements (including whether the status quo applies prior to an initial agreement); mechanisms for resolving impasses under the RLA; the legal consequences of the status quo, impasse, strikes (including CHAOS ), and informational picketing 5:10 p.m. Questions and Answers 5:30 p.m. Adjournment for the Day Friday, October 2, :00 a.m. Continental fast and Networking Session Video Webcast Segment C $329 8:30 a.m. Recent Developments : Lightning Strike Discussions of Emerging Issues Grievance Procedures, Judicial Enforcement, and International Issues 9:00 a.m. Grievance and Arbitration Procedures Establishing system boards of adjustment on airlines; the functioning of the National Railroad Adjustment Board and parallel arbitral tribunals on airlines; tribunal operations; responsibilities of carriers and labor organizations in presenting grievances to arbitrators; arbitration case theories and tactics; analysis of minor disputes and major disputes or interest arbitration; whether System Boards should or must be used before the first agreement is reached 10:00 a.m. Networking and Refreshment 10:15 a.m. Judicial Enforcement of the Railway Labor Act and Unfair Labor Practices : Is There Protected Activity Under the RLA? 11:10 a.m. International Labor and Employment Issues: International Conflicts 12:00 noon Lunch Extraterritorial application of the RLA and other U.S. civil rights and employment laws; application of U.S. law to foreign carriers; the Act of State Doctrine; foreign ownership and outsourcing
5 Video Webcast Segment D $329 Mergers and Consolidations, Litigation Trends, and Bankruptcy Issues 1:30 p.m. Affiliations, Mergers, and Consolidations Affiliated airlines and the single carrier issue; merged seniority lists; conflicts of interest 2:15 p.m. Labor Relations Under the Bankruptcy Code The role of Bankruptcy Courts in modifying or terminating collective bargaining agreements, retiree health plans, and pension plans; the interface of the RLA, the Bankruptcy Code, and ERISA 3:00 p.m. Networking and Refreshment 3:15 p.m. Drug Testing Issues Emerging policies and proposals; regulatory policies and cases; employee assistance and rehabilitation programs 3:45 p.m. Employment Law Issues 4:45 p.m. Ethics Overview 5:45 p.m. Questions and Answers 6:00 p.m. Adjournment Take advantage of the early bird discount AND SAVE $200! Register for the in-person program by August 15, Use Code: CX011EBB Here s what registrants have said about recent presentations of this course: The course and faculty are mainstream legal experts with a wealth of knowledge well worth the time and money. This program was well moderated and presented by very well informed panels. The presenters were well versed in their respective areas and provided practical insight to people who are new to the Railway Labor Act such as myself. This was a very informative and well planned program! Nancy Castor Sprattlin
6 HOW TO REGISTER ONLINE PHONE CLE-NEWS FAX MAIL Return the form on the back panel of this brochure to: REGISTRAR, ALI CLE 4025 Chestnut Street Philadelphia, PA REGISTER TWO OR MORE AND SAVE! Register one person to attend this course in-person and get all subsequent in-person registrations for this course from your organization at 50% off! Call CLE-NEWS ( ). Discounts may not be combined. HOTEL ACCOMMODATIONS A limited block of rooms has been reserved at the Washington Plaza Hotel. Room rate: $219 per night, single or double occupancy. These rooms will be held as a block, unless exhausted, until August 31, at which time they will be released to the general public. Registrants must make their own hotel reservations and indicate that they are attending the ALI CLE program to qualify for rooms in the block. Room reservations may be made by calling the Washington Plaza Hotel, 10 Thomas Circle, Washington, DC 20005; phone (202) Confirmations will be sent by the hotel. Please read the cancellation policy carefully. STUDY MATERIALS AND USB DRIVES Registrants have the options of receiving their study material as a printed course book OR on a USB drive. Be sure to indicate your preference when you register. Go Green! Select the USB option! NETWORKING OPPORTUNITIES Networking is an important reason to attend this and every other ALI CLE course. Registrants for last year s presentation of this course came from 21 states! Go to for more info about: registration/cancellation/requirements for persons with disabilities/scholarships MANDATORY CLE AND CPE CREDIT Virtually all ALI CLE programs receive CLE credit in AK, AL, AR, AZ, CA, CO, DE, FL, GA, HI, IA, IL, IN, KS, KY, LA, ME, MN, MO, MS, MT, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, PA, RI, SC, TN, TX, UT, VA, VT, WA, WI, and WV. Upon request, ALI-CLE will apply for CLE credit in ID, OR, and WY. This course is expected to qualify for 15 credits, including one ethics credit, in 60-minute MCLE jurisdictions; and for 18 credits, including 1.2 ethics credits, in 50-minute MCLE jurisdictions. In NY, the in-person course is appropriate for both newly admitted and experienced attorneys. For specific information on CLE, CPE, or other professional accreditation in your state, please the MCLE Team at TeamMCLE@ali-cle.org, go to ali-cle.org/mcle, or call CLE-NEWS. NASBA ALI CLE is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors through its website: For more information regarding ALI CLE s administrative policies, such as complaint and refund, please call Customer Service at (800) CLE-NEWS. CPE credit hours for this course: 18 in Business Law (live group and group internet-based programs). Learning Objectives: Acquisition of knowledge and skills to develop proficiency as a practitioner; maintenance of professional competence as a practitioner. Suggested Prerequisite: Experience in practice in subject matter. Level of Instruction: Advanced. Catch the fever. Create a buzz with social networking. Tweet today and interact with other course registrants and faculty. Consider posting new course topics and pose questions you have for the faculty. Or simply use this social networking tool to make lunch or dinner plans with others in attendance. #ARLE15
7 Airline and Railroad Labor and Employment Law Register online: If you want to stay on the cutting edge of employment issues aff ecting the airline and railroad industries, this course is the place to be. Featuring a high-level faculty drawn from all of the legal constituencies involved in air and rail employment issues the National Mediation Board; mediators and arbitrators; and representatives of carriers, labor organizations, and individual employees this program lets you examine with national experts the relationship among individual employees, their unions, their employers, and governmental and judicial regulation. Hear the latest on such topics as: modification of National Mediation Board voting procedures air and rail affiliations, mergers, acquisitions, and consolidations application of U.S. employment and safety law outside U.S. territory foreign ownership of interests in U.S. carriers process and outcomes of reorganizations in Bankruptcy Court alliances, derivative carriers, drones, and space law Also explore labor relations under the Railway Labor Act, with in-depth discussions of: the function and workings of the NMB organizational issues election campaigns collective bargaining mediation process and emergency boards status quo rules, strikes, and other work stoppages grievance procedures, arbitration, and dispute resolution international labor and employment law developments The course also considers the rights of individual employees with respect to both carriers and unions by examining the roles of employment, civil rights, disability, whistleblowing, drug and alcohol testing, safety, and environmental laws in the airline and railroad industries. Is the RLA new to you? Attend the optional session on Thursday morning: a whirlwind tour of the law and policy of labor relations in the airline and railroad industries.
8 Online Phone CLE NEWS FAX Mail Registrar, ALI CLE, 4025 Chestnut Street, Philadelphia, PA Airline and Railroad Labor and Employment Law, October 1-2, 2015 $1,599 Please enter early bird registration(s) (before 8/15/15): $1,399 CX011EBB Please enter registration(s): $1,599 CX011 Please provide my course materials as a (choose only one): USB drive Printed course book To register additional on-location registrants at 5 0 %o ff, call 800-CLE-NEWS ( ). Discounts may not be combined. American Law Institute Continuing Legal Education 4025 Chestnut Street, Philadelphia, PA NONPROFIT ORG U.S. Postage PAID ALI CLE KEY CODE CX011LM Name Title Firm Address City State Zip printed on FSC certified paper Video Webcast $1,299 / $329 Full program. Tuition: $1,299 WAX011 Webcast Segment A: $329 WAX011A Webcast Segment B: $329 WAX011B Webcast Segment C: $329 WAX011C Webcast Segment D: $329 WAX011D Can t attend? You don t have to miss anything! Order the: DVD (video), including a complimentary MP3 CD-ROM and PDFs of the course materials $1,099 AX011V Audio MP3 CD-ROM (including PDFs of the course materials) $899 AX011 Printed course materials only $249 SX011 Partial Scholarships Scholarships covering 30% of tuition fees, valid for on-site courses, live webcasts, and webcast segments only, are available. Scholarships cannot be combined with other offers. I am a full-time employee of the federal, a state, or a local government or governmental agency. I am a recent law school graduate (<5 years). I am a retired senior lawyer (65 or older). $ Total Check enclosed (payable to ALI CLE) Please charge to my credit card: AMEX DISCOVER MasterCard VISA Card no.: Card expiration date: / SIGNATURE ADDRESS (REQUIRED FOR WEBCASTS AND ONLINE SUBSCRIPTIONS) CX011
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