Coursebook Link - Taylor Law at 50

The Taylor Law @ 50: Bright Spots and Pressure Points Conference

Special conference recognizing New York's Taylor Law and its substantial influence on public sector labor relations over the past 50 years. Presentations by practitioners and scholars that showcase the Taylor Law's significant contributions to New York State public sector labor-management relations, examines and assesses areas where the Taylor Law's effectiveness has been weakened, and documents and analyzes emerging and alternative legal and public policy models and frameworks.

Sponsored by the New York State Public Employment Relations Board, Cornell University's ILR School and Scheinman Institute on Conflict Resolution, the New York State Bar Association Labor and Employment Law Section. 

Learn more about getting involved in the Labor and Employment Law Section, click here.  

Desmond Hotel and Conference Center, Albany, NY
660 Albany Shaker Road, Albany, NY 12211
For directions to the Desmond click here.  

Thursday, May 10, 2018 | 8:00 a.m. - 6:30 p.m. | 8.0 MCLE Credits (8.0 areas of professional practice)
Friday, May 11, 2018 | 8:00 a.m. - 1:30 p.m. | 3.5 MCLE Credits (3.5 areas of professional practice)
    

COURSE MATERIALS LINKS

Below please find links to access the course materials. You will receive a bound CLE coursebook containing the materials below when you arrive at the program. WiFi may not be available in each program location and connection speeds cannot be guaranteed.  

Agenda  

Room locations | Conference Rooms for Plenaries, Concurrents and Keynotes
Click here  to view Desmond Hotel room plans.  

Select sessions carrying MCLE credit are noted below.  


Day One - Thursday, May 10th

Plenary One

Plenary One: The Taylor Law in Context: National and International Comparisons
(1.5 areas of professional practice CLE credits) 
King St Ballroom
This session will discuss how the Taylor Law, particularly the prohibition on public employees' right to strike and penalties for engaging in strikes, compares with similar laws in other states as well as other countries. Topics discussed will include what, in the absence of a right to strike, provides the "motive power" for collective bargaining under the Taylor Law and the policy implications of the strike prohibition. The session will also offer perspectives from the federal sector regarding the operational and strategic realities of an open shop environment.

Panelists:
Martin H. Malin, Professor of Law and Director, Institute for Law and the Workplace, Chicago-Kent College of Law, Illinois Institute of Technology
Joseph Slater, Eugene N. Balk Professor of Law and Values, University of Toledo College of Law
Todd Dickey, School of Industrial and Labor Relations, Cornell University

Outline - Plenary One
Speaker Biographies - Plenary One


Plenary Two

Plenary Two: The Potential Legal and Legislative Ramifications of Janus v. AFSCME
(1.5 areas of professional practice CLE credits)  
King St Ballroom
This session will combine a look at the jurisprudential roots of the Janus case with an examination of litigational and legislative strategies to respond to the Supreme Court's ultimate ruling while preserving collective bargaining and its benefits.  

Introduction:
Danny Donohue, CSEA President

Moderator:
William A. Herbert, Distinguished Lecturer, Hunter College, and Executive Director of the National Center for the Study of Collective Bargaining in Higher Education, New York City

Panelists:
John H. Gross, Partner, Ingerman Smith
Judith Rivlin, General Counsel, American Federation of State, County and Municipal Employees (AFSCME)
Charlotte Garden, Co-Associate Dean for Research and Faculty Development and Professor of Law, Seattle University School of Law

Outline - Plenary Two
Speaker Biographies - Plenary Two
 


Lunch and Keynote Address

King St Ballroom
Harry Katz, Jack Sheinkman Professor and Director, Scheinman Institute on Conflict Resolution  


1:30 p.m. Concurrent Programming

Concurrent One: Public Sector Labor Relations in Higher Education
(1.5 areas of professional practice CLE credits)
 Fort Orange Ballroom 7 & 9
This session will examine challenges to unionization efforts by faculty and graduate students at public colleges and universities.  

Moderator:
Risa L. Lieberwitz, Professor of Labor and Employment Law, Cornell University School of Industrial and Labor Relations, General Counsel of the American Association of University Professors

Panelists:
Frederick E. Kowal, President, United University Professions
Raymond Haines, former SUNY Associate Vice Chancellor for Employee Relations
Robert Scholfield, Partner, Whitemen, Osterman & Hanna
Luke Elliott-Negri, Doctoral Student, Sociology, CUNY Graduate Center

Outline - Concurrent One (1:30 p.m.)
Speaker Biographies - Concurrent One (1:30 p.m.)  

Concurrent Two: Considering the Optics of Labor-Management Issues in the Age of Instant Information
(1.5 areas of professional practice CLE credits)
 High Street Conference Center
The ability to communicate to a large audience instantaneously, coupled with widespread attacks on public sector employees and government have presented unique challenges to practitioners addressing issues of "traditional" labor relations. This session will explore these types of issues and discuss how the parties and agencies deal with the optics of labor relations and the potential for unwarranted adverse public reactions.  

Panelists:
Susan Panepento, Chair, New York City Office of Collective Bargaining
Catherine Creighton, Partner, Creighton, Johnson & Giroux
Susan Davis, Partner, Cohen, Weiss & Simon
Neil Abramson, Partner, Proskauer Rose
Matthew C. Van Vessem, Partner, Goldberg Segalla  

Outline - Concurrent Two (1:30 p.m.)
Speaker Biographies - Concurrent Two (1:30 p.m.)

Concurrent Three: Has Workplace Dispute Resolution Gone Astray? Helping the Process Serve the Parties
Fort Orange Ballroom 5 
In this session, panel members discuss ways to use collaborative mindset, behavior, structure and processes outside of a rights based approach to resolve bargaining and long term relationship issues and demonstrate ways to reverse the relentless tide of legalism in arbitration and recapture the underlying conciliatory spirit of the process by introducing a simpler, more flexible, and "user-friendly" style of arbitration.  

Panelists:
Tia Schneider Dennenburg, Arbitrator
Marcia L. Greenbaum, Arbitrator and Mediator
Dan McCray, Director, Labor Relations, Scheinman Institute on Conflict Resolution 

Concurrent Four: New Approaches to Negotiations under the Taylor Law
Town Hall Amphitheater
Commencing in 2000, on an experimental and limited basis, PERB has provided assistance to parties engaged in Facilitated Intensive Negotiation (FIN), an alternative negotiations process in which the parties commit to a limited but continuous meeting schedule to expedite negotiations. This process was created to address difficulties in teacher negotiations, but has proven to be equally successful in municipal jurisdictions including counties and community colleges. The panel, consisting of experienced advocates and the creator of the FIN process, will share their collective experiences utilizing this alternate negotiation process in both education and municipal sectors. The Panel will also explore creative use of existing impasse procedures, including the use of mediation and draft fact-finding reports during fact-finding.

Panelists:
Kevin Flanigan, Director of Conciliation, NYS Public Employment Relations Board
Annette Barber, Personnel Officer, Cortland County
Mark Pettitt, Onondaga, Cortland, Madison BOCES, Co-Executive Director, Management Advocates for School Labor Affairs (MASLA)
Will Streeter, CSEA (Retired), Syracuse Don Ryall, NYSUT, Vestal
Don Mesibov, Mediator and Fact-Finder, Potsdam


Day One | 3:00 p.m. Concurrent Programming

Concurrent One: Half a Century of Managing Collective Bargaining Conflict: The New York Experience and Beyond
(1.0 areas of professional practice CLE credit)
King St Ballroom
This session analyzes PERB's historical involvement in managing public sector collective-bargaining disputes and analyzes trends in the number of impasses and strikes that occurred each year. Historical data will be used as a model to offer a prediction of the level of collective-bargaining discord that PERB might anticipate in the future.

Panelists:
Anthony Zumbolo, Public Service Professor, Rockefeller College, University at Albany, former Executive Director, NYS Public Employment Relations Board
Matthew W. Burr, Human Resources Consultant, Burr Consulting, LLC
Richard A. Curreri, Arbitrator & Mediator  

Outline - Concurrent One (3:00 p.m.)
Speaker Biographies - Concurrent One (3:00 p.m.)

Concurrent Two: The Triborough Doctrine and Statute: A Catalyst or Hindrance to Harmonious Labor Relations?
(1.0 areas of professional practice CLE credit)
 Fort Orange Ballroom 5
This session will discuss the history and impact of the Triborough doctrine and statute, their impact on labor relations and negotiations from both the labor and employer perspective, and current and future issues, including the meaning and impact of City of Ithaca, 49 PERB ¶ 3030 (2016).

Panelists:
Angela M. Blassman, Administrative Law Judge, NYS Public Employment Relations Board
Richard K. Zuckerman, Esq., Partner, Lamb & Barnosky, L.L.P.
Michael Krauthamer, Esq., Labor Relations Specialist, NYSUT  

Outline - Concurrent Two (3:00 p.m.) | UPDATED COURSE MATERIALS 5/8/18
Speaker Biographies - Concurrent Two (3:00 p.m.)  

Concurrent Three: Injunctive Relief Under the Taylor Law: An Update and Discussion
(1.0 areas of professional practice CLE credit)
 Fort Orange Ballroom 7 & 9
This session will discuss the history of injunctive relief under the Taylor Law, its early cases, and an update of cases over recent years, including PERB's denials and petitions for injunctive relief in court. Panelists will provide insight into developing applications and responses, difficulties encountered, and how the proceedings help or hinder settlements or the litigation of the underlying improper practice charge.  

Panelists:
David P. Quinn, General Counsel, NYS Public Employment Relations Board
Ed Aluck, General Counsel, NYS Public Employees Federation
Amy Petragnani, Associate Counsel, NYS Governor's Office of Employee Relations  

Outline - Concurrent Three (3:00 p.m.)
Speaker Biographies - Concurrent Three (3:00 p.m.)

Concurrent Four: Arbitration Rationales under 3020-a
Town Hall Amphitheater  

Moderator:
Lee Adler, Senior Extension Associate, School of Industrial and Labor Relations, Cornell University

Panelists:
James Gross, Professor, School of Industrial and Labor Relations, Cornell University
Lena M. Ackerman, Associate General Counsel, NYSUT Office of General Counsel
Jay Worona, Deputy Executive Director, General Counsel & Director of Legal & Policy Services, New York State School Boards Association  


Plenary Three

Plenary Three: The Taylor Law over the Years: A Discussion with Former PERB Chairs
(1.5 areas of professional practice CLE credits)  King St Ballroom  
Seth H. Agata, William A. Herbert, Michael R. Cuevas, Pauline R. Kinsella. Moderated by John F. Wirenius. 

Outline - Plenary Three
Speakers Biographies - Plenary Three  


Day Two - Friday, May 11th

Plenary Four

Plenary Four: Taylor Law and Impasse Procedure: Creative Resolution Despite Protraction
King St Ballroom
This session will explore two of the lengthiest contract negotiations in the history of the Taylor Law. In both Buffalo and New York City, teacher negotiations and subsequent impasses culminated in historic voluntary agreements. The moderators will present a thumbnail sketch of each unique negotiation and panel members will discuss both unique successes and mistakes followed by specific recommendations for improving the impasse resolution procedures under the Taylor Law. While this session highlights dispute resolution in the education sector, the moderators will draw out relevant parallels in municipal negotiations throughout New York. 

Moderator:
Kevin Flanigan, Director of Conciliation, NYS Public Employment Relations Board 

Panelists:
Martin F. Scheinman, Arbitrator, Mediator
Robert Linn, Commissioner, New York City Office of Labor Relations
Michael Mulgrew, President, United Federation of Teachers
Nathaniel J. Kuzma, General Counsel, Buffalo City Schools Philip Rumore, President, Buffalo Teachers Federation 


10:10 a.m. Concurrent Programming

Concurrent One: Improper Practice Charges and Collective Bargaining: Duty Satisfaction, Contract Reversion and Waiver
(1.0 areas of professional practice CLE credit)
 Town Hall Amphitheater
This session will distinguish the three distinct but related defenses of duty satisfaction, contract reversion, and waiver. The session will review recent cases and will provide union and management representatives with an understanding of when such defenses are appropriate and the evidence necessary to overcome such a defense.  

Moderator:
Melanie Wlasuk, Director, Office of Public Employment Practices and Representation, NYS Public Employment Relations Board  

Panelists:
Jonathan Rubin, Director of Field and Affiliate Services, NYSUT
Douglas Gerhardt, Esq., Harris Beach PLLC
Monte Klein, Esq., Arbitrator 

Outline - Concurrent One (10:10 a.m.)
Speaker Biographies - Concurrent One (10:10 a.m.)

Concurrent Two: Bargaining for Better Schools in New York State
High St Conference Center
This session will provide the results from a multi-year study of all New York State contracts between school districts and teacher unions that tracks variation in key features of teacher contracts such as salary structures, health care provisions, tenure rules, grievance procedures, and procedures for appealing performance evaluations under the APPR system conducted by the Scheinman Institute on Conflict Resolution at Cornell's ILR School. The session will also examine whether teacher contracts contain significant limitations on the ability of school administrators to deploy teachers. 

Panelists:
Sally Klingel, Director of Labor Management Relations, Scheinman Institute on Conflict Resolution
Alex Colvin, Martin F. Scheinman Professor of Conflict Resolution, ILR School
Clifford Donn, Department of Anthropology, Criminology and Sociology, Le Moyne College

Concurrent Three: Jurisdictional Evolution: A Panel Discussion Concerning PERB's Deferral Policies
(1.0 areas of professional practice CLE credit)
 Fort Orange Ballroom 5
This session will provide an overview of both jurisdictional and merits deferral and discuss practical considerations from the perspective of employers, unions, and a PERB ALJ.

Panelists:
Joseph E. O'Donnell, Administrative Law Judge, NYS Public Employment Relations Board
Edward A. Trevvett, Esq., Harris Beach PLLC
Steven M. Klein, Esq., CSEA 

Outline - Concurrent Three (10:10 a.m.)| UPDATED COURSE MATERIALS 5/4/18
Speaker Biographies - Concurrent Three (10:10 a.m.)

Concurrent Four: Police Officers and Collective Bargaining: How Limited Should Bargaining Be About Discipline?
(1.0 areas of professional practice CLE credit)
 Fort Orange Ballroom 7 & 9
This session will discuss case law from PERB and the Court of Appeals that impacts bargaining over the discipline of police officers and will explore whether any further restrictions should be imposed on police officer unions' ability to bargain over discipline. 

Panelists:
Lee Adler, Senior Extension Associate, School of Industrial and Labor Relations, Cornell University
Mike Mazzeo, President of the Rochester Locust Club
Maxwell Leighton, New York City Law Department, Office of the Corporation Counsel
David Quinn, General Counsel, NYS Public Employment Relations Board 

Outline - Concurrent Four (10:10 a.m.)
Speaker Biographies - Concurrent Four (10:10 a.m.)

Concurrent 5: Collective Bargaining Under the Taylor Law: New Methods for Constructive Dialogue
Shaker Room
Public sector collective bargaining in New York State presents multiple challenges to those who participate in the negotiation process. Facing constrained economic resources and sometimes unreasonable expectations from their clients, negotiators need to understand their behavior at the bargaining table and how they are perceived by the other team will impact the outcome of the negotiation. Participants will be given a DiSC questionnaire profile to fill out. DiSC is a non- judgmental tool used for discussion of people's behavioral differences. Participants will gain insight into their own behavior and the demeanor they present within the context of collective bargaining and will receive tips for working with people with other personality styles.

Panelists:
Lori Matles, Mediator, NYS Public Employment Relations Board
Peter B. Pepper, Labor Consultant 


11:15 a.m. Concurrent Programming

Concurrent One: Interest Arbitration and the Taylor Law
Fort Orange Ballroom 5
The Taylor Law's tripartite interest arbitration procedure, which serves as the final step of the impasse procedure for law enforcement and fire services personnel, has a unique and fascinating legislative history. In addition to providing a historical overview of the tripartite interest arbitration procedure first adopted in 1974, panelists will provide their insights into the rarely discussed negotiation process that takes place inside executive sessions and shapes interest arbitration awards. 

Moderator:
William Conley, Assistant Director of Conciliation, NYS Public Employment Relations Board

Panelists:
Ronald G. Dunn, Partner, Gleason, Dunn, Walsh & O'Shea
Elayne G. Gold, Founding Partner, Roemer Wallens Gold & Mineaux, LLP Howard C. Edelman, Arbitrator
David B. Lipsky, Anne Evans Estabrook Professor of Dispute Resolution in the School of Industrial and Labor Relations, Adjunct Professor of Law, and Stephen H. Weiss Presidential Fellow at Cornell University 

Concurrent Two: Comparative Public Sector Unionization and Collective Bargaining
High St Conference Center
This session will compare and public sector unionization and collective bargaining statutes and related experiences in New Jersey, Illinois, and California with New York's experience under the Taylor Law.

Moderator:
Martin H. Malin, Professor of Law and Director, Institute for Law and the Workplace, Chicago-Kent College of Law, Illinois Institute of Technology

Panelists:
David Lewin, Neil H. Jacoby Professor Emeritus of Management, Human Resources and Organizational Behavior, UCLA Anderson School of Management
Robert Bruno, Professor of Labor and Employment Relations, Director of Labor Education Program, School of Labor and Employment Relations, University of Illinois at Urbana-Champaign
Jeffrey H. Keefe, School of Management and Labor Relations, Rutgers University 

Concurrent Three: Strategies for Adapting to a post-Janus World
(1.5 areas of professional practice CLE credits) 
Fort Orange Ballroom 7 & 9

This session will examine practical ways in which unions and employers might react to the anticipated ruling in Janus v. AFSCME. Topics discussed will include the state of affairs prior to the agency fee becoming a statutory mandate as well as the experiences of public sector employers and unions in a right-to-work state. 

Panelists:
John Wirenius, Chair, NYS Public Employment Relations Board
James Roemer, Founding Partner, Roemer Wallens Gold & Mineaux, LLP
Kate Luscombe, CSEA Director of Field Operations
Sarah Cudahy, Executive Director, General Counsel and PIO, Indiana Education Employment Relations Board

Outline - Concurrent Three (11:15 a.m.)
Speaker Biographies - Concurrent Three (11:15 a.m.)

Concurrent Four: Expedited Arbitration Procedures: The NY/CSEA Experience
Town Hall Amphitheater
The Panel will explain and discuss the various innovative expedited arbitration procedures currently utilized by the State of New York and the Civil Service Employees Association, including The Time and Attendance Disciplinary Procedure, The Expedited Disciplinary Arbitration Procedure and The Contract Grievance Procedure. The panel will review the reasons for the implementation of these programs, the procedures that govern the programs and the practical aspects of such streamlined and efficient grievance resolution procedures. The presenters will also discuss the proven benefits and results of the programs which include cost savings, increased morale, timely resolution of disputes, reduced back pay liability, and increased productivity.

Panelists:
Jeffrey M. Selchick, Esq., NYS/CSEA Master Arbitrator
Michael N. Volforte, Esq., Director, NYS Governor's Office of Employee Relations
Daren J. Rylewicz, Esq., General Counsel and Director of Legal Services, CSEA
Charles Barley, Labor Relations Specialist, CSEA
Carin C. Perkins, Assistant Director of Employee Relations, SUNY


Lunch and Keynote Address

King St Ballroom
Cynthia Estlund, Catherine A. Rein Professor of Law, New York University School of Law     

Taylor Law at 50 coursebook  (You will receive this as a hard bound coursebook at the conference. No need to print)

Taylor Law at 50 coursebook - suitable for printing  (If you wish to print, this edition is shorter with no pagination)