Taylor Law at 50: Bright Spots and Pressure Points Conference Thursday and Friday, May 10 - May 11, 2018 Thursday, May 10 | 8:45 a.m. - 5:15 p.m. Friday, May 11 | 8:45 a.m. - 1:30 p.m. Desmond Hotel and Conference Center Albany, NY 9.5 MCLE Credits 99.5 Areas of Professional Practice Sponsored by: The New York State Public Employment Relations Board Cornell University's ILR School and Scheinmen Institute on Conflict Resolution New York State Bar Association Committee on Continuing Legal Education Labor and Employment Law Section This program is offered for educational purposes. The views and opinions of the faculty expressed during this program are those of the presenters and authors of the materials. Further, the statements made by the faculty during this program do not constitute legal advice. Copyright © 2018 All Rights Reserved New York State Bar Association Program Description The New York State Public Employment Relations Board, Cornell University’s ILR School and Scheinman Institute on Conflict Resolution, and the New York State Bar Association will be holding a special conference recognizing New York’s Taylor Law and its substantial influence on public sector labor relations over the past 50 years. The conference will include presentations by practitioners and scholars that showcase the Taylor Law’s significant contributions to New York State public sector labor- management relations, examine and assess areas where the Taylor Law’s effectiveness has been weakened, and document and analyze emerging and alternative legal and public policy models and frameworks. The program will include a panel of former Chairs reflecting on their time at PERB and the meaning of the Taylor Law. Keynote addresses will be delivered by Professor Harry Katz from Cornell University and Professor Cynthia Estlund from New York University School of Law. Program Agenda Day One – Thursday, May 10th 8:00 – 8:45 a.m. Registration Continental Breakfast 8:45 – 9:15 a.m. Welcome - John F. Wirenius, Chair, New York State Public Employment Relations Board 9:15 – 10:35 a.m. Plenary One: The Taylor Law in Context: National and International Comparisons (1.5 professional practice CLE credits) 10:35 – 10:45 a.m. Coffee Break 10:45 a.m. – 12:00 p.m. Plenary Two: The Potential Legal and Legislative Ramifications of Janus v. AFSCME (1.5 professional practice CLE credits) 12:00 – 1:30 p.m. Lunch and Keynote Address: Harry Katz, Jack Sheinkman Professor and Director, Scheinman Institute on Conflict Resolution 1:30 – 2:45 p.m. Concurrent 1: Public Sector Labor Relations in Higher Education (1.5 professional practice CLE credits) Concurrent 2: Considering the Optics of Labor-Management Issues in the Age of Instant Information Concurrent 3: Has Workplace Dispute Resolution Gone Astray? Helping the Process Serve the Parties Concurrent 4: New Approaches to Negotiations under the Taylor Law 2:45 – 3:00 p.m. Coffee Break 3:00 – 3:50 p.m. Concurrent 1: Half a Century of Managing Collective Bargaining Conflict: The New York Experience and Beyond (1.0 professional practice CLE credit) Concurrent 2: The Triborough Doctrine and Statute: A Catalyst or Hindrance to Harmonious Labor Relations? (1.0 professional practice CLE credit) Concurrent 3: Injunctive Relief Under the Taylor Law: An Update and Discussion (1.0 professional practice CLE credit) Concurrent 4: Arbitration Rationales under 3020-a 4:00 – 5:15 p.m. Plenary Three: The Taylor Law over the Years: A Discussion with Former PERB Chairs (1.5 professional practice CLE credits) 5:15 – 6:30 p.m. Cocktail Reception 6:30 p.m. Dinner Day Two – Friday, May 11th 7:30 – 8:45 a.m. Hot Breakfast 8:45 – 10:00 a.m. Plenary Four: Taylor Law and Impasse Procedure: Creative Resolution Despite Protraction 10:10– 11:00 a.m. Concurrent 1: Improper Practice Charges and Collective Bargaining: Duty Satisfaction, Contract Reversion and Waiver (1.0 professional practice CLE credit) Concurrent 2: Bargaining for Better Schools in New York State Concurrent 3: Jurisdictional Evolution: A Panel Discussion Concerning PERB’s Deferral Policies (1.0 professional practice CLE credit) Concurrent 4: Police Officers and Collective Bargaining: How Limited Should Bargaining Be About Discipline? (1.0 professional practice CLE credit) Concurrent 5: Collective Bargaining Under the Taylor Law: New Methods for Constructive Dialogue 11:00 – 11:15 a.m. Coffee Break 11:15 a.m. – 2:30 p.m. Concurrent 1: Interest Arbitration and the Taylor Law Concurrent 2: Comparative Public Sector Unionization and Collective Bargaining Concurrent 3: Strategies for Adapting to a post-Janus World (1.5 professional practice CLE credits) Concurrent 4: Expedited Arbitration Procedures: The NY/CSEA Experience 12:30 p.m. Lunch and Keynote Address: Cynthia Estlund, Catherine A. Rein Professor of Law, New York University School of Law Accessing the Online Course Materials Below is the link to the online course materials. Outlines, speaker biographies and supplemental materials are available online at the link below. www.nysba.org/TaylorLawCoursebook All program materials are being distributed online, allowing you more flexibility in storing this information and allowing you to copy and paste relevant portions of the materials for specific use in your practice. WiFi access is available at this location however, we cannot guarantee connection speeds. This CLE Coursebook contains materials submitted prior to the program. If supplemental materials are added they will be available at online course materials link. Free, Confidential Help for the Problems Lawyers Face NYSBA Lawyer Assistance Program 1.800.255.0569 | nysba.org/LAP All LAP services are confidential and protected under Section 499 of the Judiciary Law as amended by Chapter 327 of the Laws of 1993. Bringing you the best and most relevant continuing education to help you be a better lawyer. Last year over 2,000 lawyers and judges volunteered for a NYSBA CLE. For decades, CLE volunteers have been developing and presenting seminars, preparing rich collections of written materials and raising the bar for legal practice in New York. View a Complete Listing of Upcoming CLE Programs at www.nysba.org/CLE Table of Contents Taylor Law at 50: Bright Spots and Pressure Points Conference Plenary One The Taylor Law in Context: National and International Comparisons ........... The Motive Power in Public Sector Collective Bargaining .................................... Martin H. Mahlin Speaker Biographies......................................................................................... Plenary Two The Potential Legal and Legislative Ramifications of Janus v. AFSCME ...... Outline and Powerpoint ........................................................................................ William A. Herbert, Esq. The Potential Demise of the Agency Fee and Its Impact on Management And Unions ........................................................................................................... John H. Gross, Esq. Speaker Biographies......................................................................................... Concurrent One (1:30 p.m. session) Public Sector Labor Relations in Higher Education ........................................ Distinctive Issues in Higher Education under the Taylor Law ............................... Speaker Biographies......................................................................................... Concurrent Two (1:30 p.m. session) Considering the Optics of Labor-Management Issues in the Age of Instant Information ............................................................................................. Managing Optics of Labor Management Issues in a Media Rich Environment ..... Union Corporate Campaigns: An Assessment ..................................................... Paul Jarley and Cheryl L. Maranto Speaker Biographies......................................................................................... Concurrent One (3:00 p.m. session) Half a Century of Managing Collective Bargaining Conflict: The New York Experience and Beyond ............................................................ The Acceleration and Decline of Discord: Collective Bargaining Impasses in New York State ................................................................................................. Anthony Zumbolo The Challenges and Shortcomings in the United States: A Comparative Analysis of Public Sector Labor Union Dispute Resolution Mechanisms .............. Speaker Biographies......................................................................................... Copyright © 2018 New York State Bar Association Table of Contents Taylor Law at 50: Bright Spots and Pressure Points Conference Concurrent Two (3:00 p.m. session) The Triborough Doctrine and Statute: A Catalyst or Hindrance to Harmonious Labor Relations? .......................................................................... The Impact of Triborough: A Catalyst or Hindrance to Harmonious Labor Relations? .................................................................................................. Angela M. Blassman Speaker Biographies......................................................................................... Concurrent Three (3:00 p.m. session) Injunctive Relief Under the Taylor Law: An Update and Discussion ............. Injunctive Relief Under the Taylor Law: A Primer ................................................. David P. Quinn New Rules Governing Applications for Injunctive Relief ......................................