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48th Annual Training Conference April 7-11, 2019 | Scottsdale, AZ NATIONAL PELRA’s OASIS IN THE DESERT: KEEPING COOL WHILE EXPLORING THE HOTTEST TOPICS IN LABOR RELATIONS
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Page 1: 48th Annual Training Conference - NPELRA

48th Annual Training ConferenceApril 7-11, 2019 | Scottsdale, AZ

NATIONAL PELRA’s OASIS IN THE DESERT:

KEEPING COOL WHILE EXPLORING THE HOTTEST

TOPICS IN LABOR RELATIONS

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Who’s ready for some spring training? My hometown Chicago Cubs and White Sox will be training in Arizona next spring, and so will National PELRA! I want to personally invite you to join your colleagues at the DoubleTree Resort by Hilton Paradise Valley, Scottsdale, AZ, April 7 through 11, 2019 to train with us. The theme of the 2019 Annual Training Conference is “National PELRA’s Oasis in the Desert: Keeping Cool While Exploring the Hottest Topics in Labor Relations.” We hope you can be there to help make this the best conference ever. This is a favorite location of ours, and we’re happy to be back.

Take a look through this brochure, and you’ll see just how strong the program is. If you’ve not seen our keynote speaker, Aaron Davis, then you need to be at our opening session with him on April 8. He is known as “The Expert on Attitude,” and is one of the most sought-after speakers in America. His infectious attitude will get to you, and he will have us pointed in the right direction for the rest of the conference. We’ve also planned strong plenary sessions with returning favorites Bob Smith (Clark Baird Smith LLP) on Collective Bargaining Trends, Lisa Charbonneau (Liebert Cassidy Whitmore) will update us on all that is happening with the FLSA, Rachel Shaw (Shaw HR Consulting) showing us how to do more than just survive HR, Keith Friede (Arthur J. Gallagher & Co.) on Human Capital Investment Management, and Ken Weinstock (Kainen Escalera & McHale, p.c.) closing out with his popular Legal Update. On top of all of that, we will be running a popular series of workshops on Tuesday morning, and will cover all the topics you need through our remaining concurrent sessions, like Janus, discipline, contract language, marijuana, employee leave and so on. We also know how to be social, and as I’ve said many times before, we are an association who values associating. Come and network (and compete) with your colleagues at our Sunday golf tournament. Join with us at our many receptions and events, not the least of which being our Tuesday dinner and entertainment. If you’re not me, then you might even try early morning yoga and our walk/run. You can let me know how that is! Take advantage of these opportunities to bond with all of us who are in the same boat. It needs to be said that all of this has been put together by 2019 ATC Chair Lisa Baisley (NY) and Vice-Chair Brent Long (WA), and their tremendous committee consisting of Teaa Allston-Bing (GA), Roxanne Bonner (IL), Greg Gauthier (WA), Jack Kalinkewicz (NY) and Pam Sonagere (OH). There is a lot that goes into putting these together, and these folks deserve a lot of credit for their hard work and ideas. Thanks also go to Executive Director Sean Robinson and the National Team who are extremely instrumental in pulling all of this together once the ideas are in place. We owe them all a debt of gratitude.

So come to the desert in April! We will be there to welcome you and make sure you have a great experience. We are stronger when we come together, both figuratively and literally. Here’s your chance!

Michael Crotty National PELRA President

Welcome!

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SundaySessions & Events

8:00am - 3:00pm National PELRA’s Annual Golf Tournament Come join in a round of golf at the Talking Stick Golf Club in Scottsdale and network with friends,

colleagues, and conference sponsors. Talking Stick Golf Club is the vision of Bill Coore and Ben Crenshaw, who together designed this exceptional golf destination in Scottsdale. The club features two unique golf courses with options for players of all skill levels. National PELRA members compete for the infamous National PELRA Cup while others compete for various prizes. Registration includes: transportation via bus from the hotel to the course, breakfast, green and cart fees, tournament prizes, and lunch. (Separate registration is required, $100)

8:00am - 4:00pm Academy II: The Grievance Arbitration Process Academy II presents a thorough grounding in the role of arbitration in union-management relations

from the perspectives of the practitioner, the arbitrator and the advocate. Topics to be covered range from historical reasons for grievance arbitration to arbitration procedures, selection of an arbitrator, arbitration in the public sector, dispute resolutions, limitations, common rules and more. Workshop addresses responding to grievances, the rules of contract construction and how and when to raise arbitrability. Participants will draft a response to a grievance and learn how to improve their skills in preparing and presenting a winning case. Interactive exercises on how choosing an arbitrator, and how to select a witness, are designed to build expertise. Interactive exercises on how to choose an arbitrator and witnesses are designed to build expertise. (Separate registration is required. $299 Members / $399 Non-Members)

12:00pm - 3:30pm Conference Check-In If you arrive early, beat the Monday morning rush and stop by the Registration Desk to pick up your program

materials and your badge to enter Sunday night’s Welcome Reception. Are you arriving later than 3:30pm? You can pick up your registration materials at the First Timers’ Reception or the Welcome Reception.

1:00pm - 4:00pm Pre-Conference Workshop ADA/ADAAA Compliance – Everything You Need to Do This Hard Stuff Right!

Rachel Shaw, Shaw HR Consulting / CA (Gold Sponsor) Rachel Shaw is back by popular demand, and you won’t want to find out Monday that you missed

the best training on the ADA your colleagues have ever attended! You will leave feeling empowered, entertained and with tangible tools to enhance your organization’s good work. Rachel is the expert on ADA Compliance and delivers a training like no other. Her high-energy, solutions focused trainings are sought after by companies across the country because she brings real-life solutions that actually work! Rachel makes this topic entertaining and interesting, while not losing sight that the goal is to provide employers with tools and resources to enhance and improve their individual disability programs. During this pre-session, Rachel will expertly guide you through her trademarked disability interactive process protocol, “The Hallway.” This step-by-step protocol to ADA compliance will then be used as a foundation to tackle some of the most complex disability matters facing public sector employers today, including psychological disabilities, claims of “my disability made me do it,” workers’ compensation frequent flyers, and more. You will leave feeling empowered, entertained and with tangible tools to enhance your organization’s good work.

4:30pm - 5:30pm First Timers’ Reception First-time conference attendees are encouraged to come to this popular welcome reception hosted by

the National PELRA Board of Directors, State PELRA Presidents, and Past National Presidents. This event gets the conference off to a great start and is an excellent opportunity to mix and mingle with fellow first time ATC attendees, as well as meet with key members of National PELRA who you’ll enjoy spending time with throughout the remainder of the conference. Enjoy a beverage and make a new friend (or several)! (Badge Required for Entry)

5:30pm - 7:00pm National PELRA Welcome Reception You come to the National PELRA ATC for education, information, and inspiration, but you leave with

a bunch of awesome new contacts too! We build in many opportunities for you to network with your colleagues and fellow National PELRA members. Of course, if you’ve attended our ATC before (as many of our attendees have), you’ll be looking to catch up with old friends, as well as make some new ones. Join us for food and celebration to officially kick off the 2019 ATC in style. (Badge Required for Entry)

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Mon

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7:00am - 3:30pm Registration

7:00am - 4:00pm Exhibit Area

7:30am - 8:30am Continental Breakfast (Badge Required for Entry)

8:30am - 9:00am President’s Welcome Michael A. Crotty, National PELRA President

Assistant Village Manager/HR Director Village of Wheeling, IL

9:00am - 10:15am PLENARY SESSION / Keynote

P1: Attitude of a Champion Aaron Davis, Aaron Davis Presentations/NE

Attitude, mental toughness and the ability to change and adapt quickly are just a few characteristics that all champion HR Professionals/Managers possess. As a member of the Nebraska 1994 National Championship football team, Aaron has a keen understanding of what it takes to achieve incredible results. Today’s corporate environment is more competitive than ever before and it’s those who are able to focus when others fold, who consistently stay at the top!

10:35am – 11:50am Concurrent Sessions C1: Post Janus: Legislative Amendment

Jill Leka, Clark Baird Smith LLP/IL (Diamond Sponsor) How concerned are public sector unions about the U. S. Supreme

Court’s Janus decision? A simple answer: LOTS and LOTS. One large reflection of Union concern is the amount of state legislation proposed and even enacted in an attempt to minimize or negate the perceived impact of the Court’s Janus decision on union dues revenue. Another reflection of Union concern is the hundreds of cases they are defending to recoup employee dues monies, and to stop or deter the collection of future union dues.

This session will focus on Union legislative changes proposed or adopted in several states already, in response to Janus, as well as on the several hundred lawsuits filed or settled to recoup unlawfully collected dues resulting from the Janus decision. Of particular interest is whether the public employer, which actually collected the money and transmitted it to the Union, is in any way responsible for all or any part of the monies owed.

C2: Contract Language: The Good, the Bad, the Ugly Rodney B. Younker, Summit Law Group, PLLC/WA (Bronze Sponsor)

Above all, collective bargaining agreements are contracts and they should be written with the clarity and thoughtfulness that goes into drafting any legally significant documents. This session will explain the importance of clear contract language, provide strategies for getting good language approved at the bargaining table, and provide real-world examples of language covering common contract provisions that is good, bad or ugly.

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Monday

C3: How to Deal with Marijuana in the Workplace, Whether it is Legal or Illegal! Jim Pendergast, University of New Mexico/NM

Marijuana is still illegal Under Federal Law. About 30 states and Washington, D.C., have legalized medical marijuana use; eight of those states have also approved recreational use. Some earlier laws explicitly stated that users didn’t have employment protections, but some of the newer state laws have made things more complicated by providing employment protections to medical marijuana users—particularly under state disability laws. Historically, workers who were fired for off-duty medical marijuana use, what about now…

C4: #LoyalToAFault: Understanding HR’s Corporate Fiduciary Duties and Avoiding Personal Liability Landmines LaToya Merritt, Phelps Dunbar, LLP/MS

Given the rise of the “#MeToo” movement and other corporate scandals, it is important that human resources professionals understand the fiduciary responsibilities attendant to their roles in properly investigating complaints, fully understanding the legal impact of their actions or in-action, as well as the potential personal liability that may attach based on their decisions.

C5: Grievance Processing and Avoiding Common Pitfalls Stephanie Schoolcraft, Fishel, Downey, Albrecht & Riepenhoff, LLP/OH

This session will give employers a best practices guide to handling grievances, including how to properly assert all procedural defenses to grievances, how to ensure you observe your contract’s timelines, and identifying what issues are grievable. This session will also explore how employers can use the grievance process to their advantage by negotiating favorable language in their collective bargaining agreements and tips on using the grievance process as a discovery tool to give yourself a leg-up in arbitration. Lots of real-life case examples will be highlighted throughout to show attendees just how important it is for employers to get it right when processing union grievances!

12:00pm -1:15pm Robin Hall Annual Awards Luncheon Join your National PELRA colleagues and celebrate and congratulate the 2018 Award

Winners at the Robin Hall Memorial Annual Awards Luncheon. Lunch is open to all National PELRA registered attendees, speakers and sponsors. (Badge Required for Entry)

1:30pm – 2:45pm Concurrent Sessions C6: An Enterprise Approach to Contract Administration and Labor

Negotiations Pam Sonagere, County of Delaware/OH & Greg Gauthier, Port of Seattle/WA

In this session attendees will be presented with examples of leveraging an Enterprise Approach in collective bargaining so that the Labor Relations practitioner can provide additional strategic value to their agency. Both Pam and Greg have successfully attained their CLRP through National PELRA.

C7: Managing People, Managing Dramas: Dealing with Difficult People in the Workplace Douglas Duckett, Duckett Law Firm, LLC/OH (Bronze Sponsor)

While many of us were drawn to human resources and labor relations with idealistic visions of “Helping people reach their potential,” too many days find us bogged down with difficult people and the problems they generate. What are some archetypes for high drama/high difficulty employees? How do we manage them effectively and not sink in the swamp along the way? This presentation by a nationally recognized attorney, speaker and Past National PELRA president, will look at various types of difficult employees in the workplace and how each type can be most productively and effectively dealt with. Bring your own ideas and experiences, and we’ll learn how to make things better going forward.

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C8: Myths and Legends of Employee Leave Laws Kelly A.Hayden, HR Source/IL

Federal and state employee leave laws, such as the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and even workers compensation laws all provide different obligations for employers when dealing with requests for leave from employees. However, one request from an employee may trigger an analysis under each Act. This program will analyze employee leave issues via scenarios and review the employer’s obligations to its employees in each scenario and how these obligations interact with each other.

C9: HR Strategies for Keeping Employees Engaged and Out of the Molasses Swamp Brad E. Bennett, Zashin & Rich, LLP/OH

This session will discuss the importance of mentoring, coaching, goal setting and effective evaluation systems in improving the engagement of today’s workforce so that employees remain “on the right path” of success and avoid the “Molasses Swamp” of discipline. The session will also discuss the usage of HR tools such as Performance Improvement Plans and Last Chance Agreements. Finally, the session will provide management tips for wading through the swamp of employment laws if termination becomes inevitable.

C10: With Your Powers Combined: An Innovative Labor and

Management Approach to Health Care Scott R. Baldwin, Arthur J. Gallagher & Co./IL, Matt Bittner, McGregor & Associates, A Gallagher Company/CA, & Dutch Ross, Arthur J. Gallagher & Co./CO (Gold Sponsor)

Health care doesn’t have to be a contentious issue at the table. You can successfully deliver results for both sides by leveraging the power of a collaborative partnership to increase quality while driving down costs. Come learn how a joint labor-management trust in California has bent the cost-cost curve by delivering industry-leading innovations.

3:05pm – 4:20pm Plenary Session P2: FLSA Update

Lisa Charbonneau, Liebert Cassidy Whitmore/CA Are you up to date on the Fair Labor Standards Act? Do you think your managers and

supervisors are following the FLSA provisions correctly? FLSA expert, Lisa Charbonneau, will provide an update on recent need-to-know FLSA decisions as well as other changes in the legal landscape that you and your agency need to know, focusing on the issues that challenge agencies the most. You’ll leave this session with valuable information that will help your agency avoid expensive FLSA problems and minimize future liability.

4:30pm - 5:30pm Reception for Sponsors (Special Invitation)

5:30pm - 7:30pm National PELRA Networking Reception Join us Monday evening at the beautiful DoubleTree Resort by Hilton. Conference

attendees get the opportunity to reconnect or create new friends at the ATC Networking Reception. Join us for hors d’oeuvres while connecting with colleagues and sponsors from across the nation. All registered attendees, including speakers and sponsors are welcome.

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These Public Negotiators Have Spoken

Much Smarter Bargaining: Modern Contract Language for Today’s Public Negotiator is a new book written by attorneys at Clark Baird Smith, LLP. This almost 700 page book is packed full of sample bargaining clauses from existing contracts, negotiation issues unique to public employers, preparing for bargaining, and the scope of duty to bargain and much, much more. There’s no need to reinvent the wheel when it comes to public negotiations when the team at Clark Baird Smith, LLP did the work for you in this modern contract language book for today’s Public Negotiator.

The Reviews are in on the New Book Much Smarter Bargaining!

Order Online at www.NPELRA.org

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6:00am - 6:45am Yoga Start your day off with National PELRA’s own, Ashley Lorensen, as she leads you through an invigorating

yoga session. Through movement and meditation, yoga will help you become relaxed, balanced, and bring you a sense of well-being that lasts long after the class. Learn how yoga combines postures (asanas), breathing (pranayama), meditation, and a final relaxation (savasana) to leave you feeling energized for the rest of the day. All are welcome, regardless of experience.

7:00am - 8:00am Continental Breakfast (Badge Required for Entry)

7:00am - 3:30pm Registration

7:00am - 4:00pm Exhibit Area

8:00am – 9:15am Plenary Session P3: Collective Bargaining Trends and Developments: A National Perspective

Robert J. Smith, Jr., Clark Baird Smith LLP/IL (Diamond Sponsor) Robert J. Smith, Jr, a partner with Clark Baird Smith LLP, will discuss public sector collective bargaining

and interest arbitration trends across the nation. Robert will comment on the significance of the United States Supreme Court’s decision invalidating agency fee arrangements, as well as how organized labor has been responding. Robert will also share key results of the most recent National PELRA Collective Bargaining Survey, and comment on major issues facing today’s public sector labor professional.

9:35am - 11:50am Workshops W1: Lessons Learned and Stories Told: Another Year at the EEOC

Lisa R. Callaway, Engler Callaway Baasten & Sraga, LLC/IL (Bronze Sponsor) As President Trump moves into his second year in the White House, we will explore whether a Republican

agenda has had an impact on EEOC decisions, policies and practices. We will review recent charge statistics, best practices, important decisions and cases of note. This will be an interactive presentation so you can share your EEOC war stories (yes, emotional support squirrels and diaper-wearing kangaroos are a real thing!)

W2: You Said What!!!!! Training Supervisors to Conduct ADA and State-Specific Disability Interactive Sessions and then Manage Reasonable Accommodations Phil Toomey, Leech Tishman Fuscaldo & Lampl/CA (Bronze Sponsor)

Complaints about discrimination under the ADA and state specific disability statutes continue to be one of the most frequently filed charges. With an aging workforce, public employers are more likely now to be required to manage workplace issues involving a disabled employee, or one needing long term or intermittent leave. Supervisors are often called upon to conduct the interactive process managing some employees who need a reasonable accommodation, and also to manage the employee and others in the workplace who may not appreciate the accommodation or the additional work it causes them. This presentation will provide practical steps to recognize “when” an interactive is needed, “how” to conduct a compliant interactive, “why” it is essential to document and follow up, and “what” to do if the employee is unable to satisfactorily perform. Participants will also learn what to say or not to say, and when to say it. There will also be a brief presentation of the issue of medical marijuana and whether use is required as a reasonable accommodation.

W3: Labor Relations Boot Camp Michael Bates, Bates Consulting/OK

In this session, newer practitioners will be exposed to the fundamentals of labor law, including union representation issues, unfair/improper practice cases, collective bargaining, dispute resolution and contract administration. The presenter will also review ideas for developing an effective management negotiating team as you approach your first or successor contract negotiations. Among other topics discussed will be: a bargaining teams composition, roles played by certain team members during negotiations, “what if” proposals, employee rights and protections (Garrity, Weingarten, Loudermill, Skelly) and preparations that should be taken prior to the start of negotiations.

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W4: My Employee Did What? A Discussion on Strategies in Workplace Investigations Stacy Pollock, Mazanec, Raskin & Ryder/OH

In this session, attendees will grapple with the many questions, legal pitfalls, and practical concerns that arise the moment HR receives that dreaded call of possible employee misconduct. Attendees will work on how to make the decision, and will discuss whether and how to investigate through setting up the best defense possible if an investigation leads to litigation. This session will give newer practitioners an outline on how to handle investigations and will give seasoned practitioners an opportunity to challenge how they currently conduct investigations.

W5: Becoming the Chief Culture Officer: HR’s Role, Transformation System and Results Lisa Powell, Linn County Public Service Center/IA & Robin Lawton, C3Excellence, Inc./FL

The session describes the experience of the co-presenting HR leaders to transform culture, employee engagement, and customer satisfaction of the entire organization for highly visible results. You will be entertained, enlightened and uniquely equipped by top-rated international presenter and author, Robin Lawton, to achieve new levels of performance. The breakthrough insights you achieve will result from the interactive delivery style, tools, and key transformation elements you will use during the session. See how anyone can achieve outstanding success and have a stronger voice at the strategic leadership table. The fast pace starts with a revealing self-assessment of your culture.

12:00pm - 1:00pm NeoGovLunch (Platinum Sponsor)

12:00pm - 1:00pm State Presidents’ Lunch Meeting (Special Invitation)

1:15pm - 2:30pm Concurrent Sessions C11: Janus and the Bargaining Table

John F. Corcoran, Esq., Hancock Estabrook, LLP/NY & Whitney Kummerow, Esq., Hancock Estabrook, LLP/NY

John Corcoran and Whitney Kummerow will address the at-the-table impact of the United States Supreme Court’s June 2018 decision in Janus v. AFSCME, Council 31 which held that unions may not charge non-members involuntary agency fees or “fair share” fees.  The session will also address how the unions have reacted to this setback, effective collective bargaining strategies for public employers to cope with the “new reality,” and sample contract language for smarter bargaining.

C12: Health Law for Public Employers Including Managed Care Contracting, HIPAA, Contracts with Ancillary Providers, and Other Hot Issues Bradley Howard, Brown & Fortunato, P.C./TX (Bronze Sponsor)

Public employers are sometimes overwhelmed by the legal magnitude of the federal and state health care issues they encounter. Fully and partially self-insured public employers should be aware of the many legal obligations they have to maintain employee health data and to carry out their duties when there is a breach. How do so many public employers get it wrong, and what can you do to avoid their fate? There are also many contracting traps for public employers that should be avoided. This high energy session will include a fast-paced overview of common health law issues virtually all public employers encounter including managed care contracting traps, HIPAA issues and answers, contracts with ancillary provisions, how to address governmental investigations, data storage and retrieval issues, and risk management tips. See you there!

C13: Legislative Update Neil Reichenberg, IPMA-HR/Washington DC

This session will provide an update on legislative, regulatory and judicial issues impacting public sector HR and labor relations. Topics to be covered include health care reform, FLSA overtime regulations, public sector pensions, wellness, family leave, and sexual orientation discrimination.

Tuesday

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C14: A Strategic Approach to Address High Profile Discipline Daniel J. Guttman, Baker & Hostetler LLP/OH (Bronze Sponsor)

As HR and legal professionals we are all experienced with discipline and the related issues. However, from time to time employers are faced with the truly exceptional situation where the very mission of the public agency is threatened. The reputation harm is great, the stakes are high and even years of experience do not fully prepare an agency for addressing the high profile case that has your employer suddenly in the spotlight. This presentation will help you navigate those issues. The presentation will conclude with three case studies involving real-life reputational harm (and some even with unfortunate fatalities) that shook public employers — and how those public employers emerged stronger after the incident.

C15: Advanced Arbitration: How the Arbitrator Rules? Jeffrey Jacobs, Wilkerson Hegna/MN

This discussion will cover how arbitrators process the evidence and how best to prepare and present the evidence to maximize your chances of winning. You cannot change the facts of your case but you can emphasize those that help and explain or minimize those that don’t. We will examine case scenarios to understand what is important and what is not and the arbitrator’s thought processes. The session is intended to be interactive with audience participation and is led by an arbitrator with a nation-wide practice in both the private and public sectors.

2:30pm - 2:50pm Sponsors’ Drawing (Must be present in the Exhibit Hall to win)

2:50pm - 4:05pm Plenary Session P4: Let’s Do More Than Survive HR! Using Good

CPR to Revive our HR Souls: Lessons Learned from a HR Colleague Rachel Shaw, Shaw HR Consulting/CA (Gold Sponsor)

Why is this stuff so darn hard? Do you catch yourself day dreaming about your next job or retirement…If so, sit back and recharge your human resources and labor relations soul with lessons learned and inspirations gathered by a conference favorite, Rachel Shaw. Rachel has been touring and training on her book, “The Disabled Workforce,” and in doing so has identified that it isn’t enough to know your stuff, and have good processes. We have to remember the reasons that we started down this path and make sure that those reasons still exist for those that follow us.

6:30pm - 9:30pm Tuesday Night Event: Casino Night

Dinner and appetizers will be served….Don’t forget to bring your dancing shoes and join us on the dance floor as our Live DJ will liven the night with our favorite tunes! Come get your groove on! All proceeds of the evening will go to support the National PELRA Foundation. (Registration required to receive a ticket)

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Benefits for Secure and Healthy FuturesSegal helps employers build plans that improve health and retirement readiness.

For more information about Segal’s services, please contact Tony Kelly, [email protected], 312.984.8512

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Wed

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ay 6:00am - 7:00am Walk / Run Join us as we wake up early and start the day off with a walk with your colleagues in the midst of the

peaceful early morning of the desert. Breathe in the morning air and return to the conference with a refreshed spirit and clear mind.

7:30am - 8:30am Continental Breakfast (Badge Required for Entry)

7:30am - 12:00pm Registration

8:30am - 8:55am National PELRA Business Meeting

9:00am – 10:15am Plenary Session P5: Human Capital Investment Management and the Organizational

Fingerprint Keith Friede, Arthur J. Gallagher & Co. / MN (Gold Sponsor)

Most organizations can improve – often dramatically – their employment value proposition to more effectively attract, retain, engage and develop the talent needed to achieve organizational objectives, at sustainable costs. Where many organizations focus primarily or even exclusively on the tactics of cost control, leading organizations focus much more strategically on maximizing return on talent investment (ROTI) through an integrated & holistic process of assessment, targeted resource allocation, differentiation & personalization of the rewards package, and performance-driven metrics. Organizations can waste hundreds or even thousands of dollars per employee per year when their rewards investment allocations are misaligned with the needs and preferences of employees, and with the employer’s own talent requirements and organizational objectives. In this session, you’ll learn how to adopt strategically-oriented human capital investment management, create an intentional and distinctive “organizational fingerprint” that gives you a competitive advantage in talent markets, and optimize your return on talent investment.

10:30am – 11:45am Concurrent Sessions C16: Improving the Four C’s of Your Employee Benefit Program

Daniel V. Maniaci, The Maniaci Group/CA (Emerald Sponsor) This session is a discussion of the importance of effectively managing the four C’s of your employee

benefit program: cost containment, communication, compliance, and culture. The information provided in the session will include why approaching your employee benefit program with attention to the four C’s is paramount to successful management of this high budget item. The presentation will include aggressive strategies to positively impact the four C’s. The goal of the session is to provide an introduction to this progressive concept of benefits management and to provide you sufficient resources to achieve positive results

C17: HR’s Role in Times of Tragedy Jennifer Fennema, City of Henderson/NV & Sally Ihmels, City of Henderson/NV

Our community faced an unthinkable tragedy on October 1, 2017, when the Las Vegas Valley experienced the deadliest mass shooting in U.S. history. The City of Henderson was impacted from both an employee and community perspective. Our HR team was actively involved in assisting our organization with response to this tragic day. The HR leadership of the City of Henderson, NV will discuss their response to this event and lessons learned. This session will help participants prepare for emergency events that impact their community from a Human Resources perspective.

C18: So You Think You Can Draft? Drafting Effective Discipline and Performance Documents Kyle J. Gulya, von Briesen & Roper, s.c./WI From the Counseling Memorandum to the Last Chance Agreement, good performance documentation is essential for sound personnel management and effective defense of discipline and termination decisions and legal claims. This interactive program will use hands-on examples of various “good” and “bad” performance documents to guide both new and seasoned labor relations specialists through processes for drafting effective performance and discipline documents ranging from counseling and evaluative memoranda, written reprimands, suspension notices, and termination charges.

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Wednesday

C19: The Union Is Asking For What??? Responding to Union Requests For Information Ben Gehrt, Clark Baird Smith LLP/IL (Diamond Sponsor)

Arbitration is supposed to be a quicker, cheaper alternative to litigation. Increasingly, though, unions are serving extensive information requests that look like formal discovery more typically found in a federal court room. Unions serve these requests not only during arbitration hearings, but also during negotiations or even before grievances are filed! Information requests, subpoenas, and requests under state Freedom of Information Acts can strain your resources and test your patience. This session will help you learn what your obligations are to respond to such requests, and will also identify when you might want to turn the tables and serve similar requests on the other side.

C20: Past Practice and the Administration of Collective Bargaining Agreements John F. Dickenson, Constangy Brooks, Smith & Prophete LLP/FL

No collective bargaining agreement ever written spells out every right that either party has or does not have. Sometimes, when all else fails (such as the agreement to be silent on a subject matter), a party will want to rely on the existence of a “past practice” to support an argument that the action taken was or was not appropriate. While the term “past practice” gets used a lot, it is important to understand what it is and how far it goes. This session will give you the tools so that you can effectively evaluate the past practice doctrine.

12:00pm - 1:00pm National PELRA Foundation Luncheon 2018 has been a great year for the National PELRA Foundation and we want to share all

that has been accomplished with you. Enjoy a delightful meal and learn who will be the recipients of this year’s scholarship awards. There will be a raffle for Foundation contributors, with some amazing gifts donated by the State PELRAs. Lunch is open to all National PELRA registered attendees, speakers, and sponsors.(Badge Required for Entry)

1:15pm - 2:30pm Concurrent Sessions C21: Beyond ADA or FMLA: Dealing with the Medicated Worker

Brian Butcher & Andrew Esposito, Clemans, Nelson & Associates, Inc./OH (Bronze Sponsor)

Managing the “Medicated Worker”: Drug usage is up, both prescription and illegal substances. How does drug testing and inquiries work with respect to those in “safety sensitive positions”? How do we avoid ADA problems? How can an employer safely move on from this type of employee? Then, there is medical marijuana …

Our experienced presenters will speak on this hot button issue and how medicated workers are impacting your workplace, while providing you with tips on best practices to avoid the myriad of issues that can arise.

C22: Digital Talent Marketing Strategies to Overcome the Baby Boomer Bust Ron Holifield, Strategic Government Resources/OH (Silver Sponsor)

With the tsunami of retiring baby boomers, for the first time in most of our lifetimes we have exceeded “full employment” and there simply are not enough qualified candidates to fill all of the jobs – and the higher you go in the organization, the more intense the talent shortage becomes. The baby boomer bust demands that we begin competing more effectively for talent – and most significantly that means targeting passive candidates. Over 75% of all fully employed people consider themselves passive candidates - they are open to considering opportunities that come to them, but they are not actively looking for a job. Traditional advertising and recruitment strategies miss 75% of the prospects! This dynamic session will focus on Digital Talent Marketing Strategies you can put into place immediately, most at low or no cost, to dramatically improve your recruitment efforts in a world that is facing intense talent shortages.

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Wed

nesd

ay C23: MIA: How to Handle an Employee’s Excessive Absenteeism Tommi Saghatelian & Michael Huston, Aleshire & Wynder LLP/CA (Bronze Sponsor)

Public employees are entitled to leave through their accrued leave time and leave laws such as FMLA, CFRA, ADA, and workers’compensation. But what happens when an employee requires an extensive amount of leave or abuses leave time? This session will discuss the various circumstances when employees are entitled to bona fide leave, when the leave becomes excessive, and what rights and obligations both employers and employees have regarding leave. Using case studies and hypothetical scenarios in an interactive setting, participants will learn how to formulate an action plan for each unique circumstance that may arise in their jurisdictions.

C24: Do I Have a Problem Employee or an Employee with a Problem? Regina W. Romeo, CPS HR Consulting/CA (Silver Sponsor)

We make our best efforts to provide our employees with a harmonious workplace where they can focus and be productive. When there is a problem employee in the workplace that disrupts the harmony and becomes a distraction for others, how do we handle it? Is the employee experiencing a temporary performance issue or something more? How do I make a fair and timely assessment? This session will give you insight, creative solutions and tools to address performance issues and resolve the underlying reasons for poor performance before they require administrative or disciplinary action.

C25: Violence in the Workplace Wayne Maxey, CPP, CTM, Workplace Guardians/CA

This presentation will address how an organization can develop, implement and maintain a workplace violence prevention program based on “best practices.” From policies to threat assessment teams to case management, case studies will illustrate how to execute a workplace violence prevention initiative. Topics to be discussed include: Who are the stakeholders? What role do they hold in the process? What should be included in workplace violence prevention policies? How do you establish and train a threat assessment team for your organization? What topics should be included for supervisor/manager and employee training? Where can I find resources to best guide our workplace violence prevention efforts?

2:45pm – 4:00pm Closing General Session

P6: Legal Update Ken Weinstock, Kainen Escalera & McHale p.c. / CT

Join one of our most popular speakers, Attorney Ken Weinstock, in a discussion of the critical decisions that have come this past year from the courts and administrative agencies. Learn how public employers have been affected by these decisions and some practical solutions for implementing the new standards. A “must-attend” session!

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Thursday8:00am - 4:00pm

Academy Elective: Investigations Human resources and labor relations professionals are often called upon to conduct workplace

investigations in the face of serious and sensitive allegations, from claims of sexual harassment/other discrimination to allegations of workplace misconduct to major ethical questions. Yet few of us have had real training on how to conduct an investigation. This program will explore the investigatory process – from who should conduct the investigation, legal issues to beware of, how to order and structure investigatory interviews, dealing with Garrity issues, and how to generate an end-product that will help your employer resolve what happened and what needs to be done. The program will focus on identifying the key elements of an effective workplace investigation process, and help attendees understand the importance of the process and the consequences if it is not done properly. Participants will learn the purpose and importance of a complete and thorough investigation, review the key elements of an effective workplace investigation, discuss the roles and responsibilities of supervisor, employee, and union and discuss how to determine credibility and analyze investigation results.

9:00am - 11:00am Certified Labor Relations Professional (CLRP®) Exam

The National PELRA has developed an alternative for those working towards earning their CLRP status! The final step to the CLRP process will now include the option of taking a multiple choice exam. The CLRP Exam will be available to all participants that have completed Academies I, II, and III. Must be eligible and have signed up in advance to take the exam .

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Explore Scottsdale!From desert wolf tours to private horse back riding expeditions to hiking in the Pinnacle Peak Park or McDowell Sonoran Preserve, Scottsdale has it all! The Sonoran Desert is on full display at the McDowell Sonoran Preserve. A short drive from Old Town and you will see the desert’s beauty in all its glory.

ViewsFor the most stunning panoramic views, take a sunrise hot air balloon ride along the Sonoran Desert foothills or take a helicopter tour.

Food LoversScottsdale is a food lovers paradise with great dining options throughout the city… from the Salvatore Vineyards and elegant restaurants

overlooking Camelback Mountain to divine Mexican markets with amazing street tacos. To get a true taste of Scottsdale, look for indigenous ingredients that are used in many of the local dishes. The Anasazi Bean and Quinoa Salad, is named after the Anasazi tribe who first cultivated them centuries ago, these heirloom beans were a staple in the diets of local Native Americans and are known for their high protein content!

Old TownOld Town Scottsdale, the heart of the city, is a hub for tasting rooms from some of the state’s most acclaimed vineyards, including LDV

Winery, Aridus Wine Company, Carlson Creek Vineyards and Salvatore Vineyards/Passion Cellars. Spend an afternoon sampling the fruits of their labor along the walkable Scottsdale Wine Trail.

Old Town Scottsdale will provide you with a one-of-a-kind shopping experience, with locally-owned boutiques stocking everything from Western wear to vintage treasures. You can treat yourself from authentic cowboy boots to Pendleton blankets and hand-woven Native American baskets.

Scottsdale is known for its world-class resort spas, which offer amazing escapes in the Sonoran Desert. But the city also is home to a variety of posh day spas that provide an alternative for relaxation and rejuvenation. Enjoy the desert ambiance as you relax and treat yourself to a variety of spa services.

Spring Time!In addition to reliably picture perfect weather, springtime in Scottsdale means two things – golf and spring training baseball. Nowhere in the country has more world-class golf courses and Major League Baseball venues in such close proximity.

Scottsdale is home to some of the finest public, desert-style golf

courses. Whether you are a beginner or looking for a challenge, or simply want to test your skills, you are sure to find a course to meet your needs.

With most baseball games taking place in the afternoon or evening, it’s easy to pair both of these passions during your stay.

Well, if you are one of the lucky winners, your National PELRA Foundation raffle ticket could win you beautiful jewelry, a one-of-a-kind signed comic strip, one of several amazing gift baskets, a $50, $100 or $200 gift card, or much, much more! Plan now to purchase your raffle tickets in Scottsdale, and drop by the Foundation raffle table to see all of the wonderful gifts! All proceeds go to the National PELRA Foundation Scholarship Fund.

What can you get for a dollar?

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DIAMOND LEVEL

GOLD LEVEL

EMERALD LEVEL

SILVER LEVEL

BRONZE LEVEL

PLATINUM LEVEL

Increase your organization’s visibility in a cost-effective way by becoming a sponsor at a level that’s right for you. All sponsorships support the conference and the work of the National Public

Employer Labor Relations Association (National PELRA). Sponsorships are still available and those received by February 1, 2019 will be acknowledged in the conference attendee badge book

and onsite signage at the conference.

Contact Krista Lempe for more information at858.299.3150 or [email protected].

Thanks to our Sponsors!

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#1 HR software forthe public sector

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Conference schedule is subject to change without notice. Please visit www.npelra.org/ATC for the most up-to-date information.

DON’T MISS OUT,REGISTER TODAY!

GO TO WWW.NPELRA.ORG/ATCREGISTRATIONMembers can save up to $330 - Sign up before January 12, 2019

CONFERENCE FEES:

Sunday, April 7 - Thursday, April 11 , 2019Member Rates:

$589.00 - Early Bird rate (through 1-12-19)$659.00 - Regular rate (1-13-19 through 3-23-19)$739.00 - Late rate (on or after 3-24-19)

Non-Member Rate: $999.00

One-Day registration: Member: $299.00 (each day)Non-Member: $469.00 (each day)

Labor Relations Academies (for each Academy):Member: $299Non-Member: $399

Pre-Conference Workshop:Member or Non-Member: $99

CLRP® Exam:Member: $100Non-Member: $250

Additional Guest Tickets - Social Events Welcome Reception $40 ($59 if purchased after 3-24)

Tuesday Casino Night $100 ($125 if purchased after 3-24)

Golf TournamentMember or Non-Member: $100

The DoubleTree RESORT BY HILTONParadise Valley - Scottsdale

5401 North Scottsdale Road • Scottsdale, AZ 85250480.947.5400

The DoubleTree Hilton has set aside a limited block of rooms for National PELRA conference attendees at a special rate of

$176 (+ tax) per night (single/double).

The special rate is in effect until March 23, 2019 or until the room block has reached capacity. Book early!

Visit www.npelra.org/ATC for complete details

Schedule OverviewSunday - April 7, 2019 7:00am - 4:00pm Exhibitor Set Up 8:00pm - 3:00pm National PELRA Golf Tournament 8:00am - 4:00pm Academy II 12:00pm - 3:30pm Conference Check-In/Registration 1:00pm - 4:00pm Pre-Conference Workshop 4:30pm - 5:30pm First Timers’ Reception 5:30pm - 7:00pm Welcome Reception

Monday - April 8, 2019 7:30am - 8:30am Continental Breakfast 7:00am - 3:30pm Registration 7:00am - 4:00pm Exhibit Area 8:30am - 9:00am President’s Welcome 9:00am - 10:15am Plenary Session / Keynote 10:15am - 10:35am Break 10:35am - 11:50am Concurrent Sessions 12:00 pm - 1:15 pm Awards Luncheon 1:30pm - 2:45pm Concurrent Sessions 2:45pm - 3:05pm Break 3:05pm - 4:20pm Plenary Session 2 4:30pm - 5:30pm Reception for Sponsors 5:30pm - 7:30pm Networking Reception

Tuesday - April 9, 2019 6:00am - 6:45am Yoga 7:00am - 8:00am Continental Breakfast 7:00am - 3:30pm Registration 7:00am - 4:00pm Exhibit Area 8:00am - 9:15am Plenary Session 3 9:15am - 9:35am Break 9:35am - 11:50am Workshops 12:00pm - 1:00pm State Presidents’ Lunch Meeting 12:00pm - 1:00pm NeoGov Lunch 1:15pm - 2:30pm Concurrent Sessions 2:30pm - 2:50pm Break - Sponsors’ Drawing 2:50pm - 4:05pm Plenary Session 4 6:30pm - 9:30pm Tuesday Night Networking Event

Wednesday - April 10, 2019 6:00am - 7:00am National PELRA Walk / Run 7:30am - 8:30am Continental Breakfast 7:30am - 12:00pm Registration 8:30am - 8:55am National PELRA Business Meeting 9:00am - 10:15am Plenary Session 5 10:15am - 10:30am Break 10:30am - 11:45am Concurrent Sessions 12:00pm - 1:00pm Foundation Lunch 1:15pm - 2:30pm Concurrent Sessions 2:30pm - 2:45pm Break 2:45pm - 4:00pm Plenary Session 6

Thursday - April 11, 2019 8:00am - 4:00pm Investigations Academy 9:00am - 11:00am CLRP Exam

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PRESORT STANDARDUS POSTAGE

PAIDSAN DIEGO, CA

PERMIT NO. 2325

National Public EmployerLabor Relations Association10951 Sorrento Valley Road, Suite 2KSan Diego, CA 92121

Return Service Requested

2020 Annual Training Conference Austin, TX April 26-30

SAVETHE

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