Post on 18-Oct-2020
2019 LABOR LAW SOLUTIONS
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 11-1
OGLETREE DEAKINS LEARNING
SOLUTIONSTM
CUTTING-EDGE LABOR TRAINING TECHNIQUES
Rodolfo R. (Fito) Agraz – Ogletree Deakins (Dallas/Raleigh)
Timothy A. Garnett – Ogletree Deakins (St. Louis)
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PRESENTED BY
Rodolfo R. (Fito) Agraz (Dallas/Raleigh)
Timothy A. Garnett (St. Louis)
Ogletree Deakins Learning SolutionsTM: Cutting-Edge Labor Training Techniques
December 4–6, 2019 – Hilton Nashville DowntownLabor Law Solutions: Practical Solutions for Today’s Workplace
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December 4–6, 2019 – Hilton Nashville DowntownLabor Law Solutions: Practical Solutions for Today’s Workplace
Union Free Training
December 4–6, 2019 – Hilton Nashville DowntownLabor Law Solutions: Practical Solutions for Today’s Workplace
POLL: If you had a union, could you…promote your best employee because of his/her skill and ability?
1. Probably yes
2. Probably no
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December 4–6, 2019 – Hilton Nashville DowntownLabor Law Solutions: Practical Solutions for Today’s Workplace
Does your slide tell a story?
December 4–6, 2019 – Hilton Nashville DowntownLabor Law Solutions: Practical Solutions for Today’s Workplace
70%
Union win rate
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December 4–6, 2019 – Hilton Nashville DowntownLabor Law Solutions: Practical Solutions for Today’s Workplace
December 4–6, 2019 – Hilton Nashville DowntownLabor Law Solutions: Practical Solutions for Today’s Workplace
POLL: “The union may promise job
security, but it cannot create or
maintain jobs.”
1. Lawful
2. Unlawful
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December 4–6, 2019 – Hilton Nashville DowntownLabor Law Solutions: Practical Solutions for Today’s Workplace
POLL: “If you unionize, we’re history.”
1. Lawful
2. Unlawful
December 4–6, 2019 – Hilton Nashville DowntownLabor Law Solutions: Practical Solutions for Today’s Workplace
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December 4–6, 2019 – Hilton Nashville DowntownLabor Law Solutions: Practical Solutions for Today’s Workplace
POLL: You heard of “free” parties sponsored by the union.
1. Level 1
2. Level 2
3. Level 3
December 4–6, 2019 – Hilton Nashville DowntownLabor Law Solutions: Practical Solutions for Today’s Workplace
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December 4–6, 2019 – Hilton Nashville DowntownLabor Law Solutions: Practical Solutions for Today’s Workplace
POLL: “I promise you your wages
and benefits will go up when the
union gets in.”
1. Lawful
2. Unlawful
December 4–6, 2019 – Hilton Nashville DowntownLabor Law Solutions: Practical Solutions for Today’s Workplace
Positive Employee Relations
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December 4–6, 2019 – Hilton Nashville DowntownLabor Law Solutions: Practical Solutions for Today’s Workplace
Who was your best supervisor? Why?
Who was your worst supervisor? Why?
Exercise
What Makes a Good Supervisor?
December 4–6, 2019 – Hilton Nashville DowntownLabor Law Solutions: Practical Solutions for Today’s Workplace
Supervisory Actions Unions Prey Upon
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December 4–6, 2019 – Hilton Nashville DowntownLabor Law Solutions: Practical Solutions for Today’s Workplace
It Takes Just One Comment to Lose Respect
December 4–6, 2019 – Hilton Nashville DowntownLabor Law Solutions: Practical Solutions for Today’s Workplace
7 Secret Rules of Managing
#1 – The Golden Rule
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December 4–6, 2019 – Hilton Nashville DowntownLabor Law Solutions: Practical Solutions for Today’s Workplace
#7 – Trust
It’s hard to earn but easy to lose
7 Secret Rules of Managing
December 4–6, 2019 – Hilton Nashville DowntownLabor Law Solutions: Practical Solutions for Today’s Workplace
Discipline and DischargeInvestigation to Decision
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December 4–6, 2019 – Hilton Nashville DowntownLabor Law Solutions: Practical Solutions for Today’s Workplace
Gathering Facts
• Good Question or Not?
“What were you thinking when you left the Jones’ house without gas?”
December 4–6, 2019 – Hilton Nashville DowntownLabor Law Solutions: Practical Solutions for Today’s Workplace
Gathering Facts
• Good Question or Not?
“Tell me what you did once you arrived at Ms. Jones’ house to install the meter. ”
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December 4–6, 2019 – Hilton Nashville DowntownLabor Law Solutions: Practical Solutions for Today’s Workplace
Exercise
Develop Your Opening
• Ms. Jones just called and is complaining that she has no gas after her new meter was installed. Erin was the installer.
Write your opening statement/question for Erin.
December 4–6, 2019 – Hilton Nashville DowntownLabor Law Solutions: Practical Solutions for Today’s Workplace
Exercise
Power of WHAT
• See how many facts you can learn about your neighbor’s high school experiences by asking only “what” questions.
2 minutes each
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December 4–6, 2019 – Hilton Nashville DowntownLabor Law Solutions: Practical Solutions for Today’s Workplace
When Is Progressive Discipline Required?
December 4–6, 2019 – Hilton Nashville DowntownLabor Law Solutions: Practical Solutions for Today’s Workplace
7 Questions to Discipline and Discharge
1. Did your employee know the rule and its consequences?
2. Is the rule reasonable?
3. Did the employee disobey the rule?
4. Did you conduct a fair investigation?
5. Do you have proof?
6. Have you applied the rule consistently?
7. Does your penalty match the offense?
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December 4–6, 2019 – Hilton Nashville DowntownLabor Law Solutions: Practical Solutions for Today’s Workplace
7 Questions to Discipline and Discharge
1. Did your employee know the rule and its consequences?
2. Is the rule reasonable?
3. Did the employee disobey the rule?
4. Did you conduct a fair investigation?
5. Do you have proof?
6. Have you applied the rule consistently?
7. Does your penalty match the offense?
December 4–6, 2019 – Hilton Nashville DowntownLabor Law Solutions: Practical Solutions for Today’s Workplace
Polling Question
• John was caught putting discarded copper in his car after work. John was told 5 years ago by his former supervisor to leave all discarded copper at work.
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December 4–6, 2019 – Hilton Nashville DowntownLabor Law Solutions: Practical Solutions for Today’s Workplace
POLL: Was John aware of the rule?
1. Yes
2. No
3. Maybe
December 4–6, 2019 – Hilton Nashville DowntownLabor Law Solutions: Practical Solutions for Today’s Workplace
Employees have the right to ask for Union representation in which an investigatory interview may result in discipline.
Weingarten Rights –
Employee’s Right to Representation
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December 4–6, 2019 – Hilton Nashville DowntownLabor Law Solutions: Practical Solutions for Today’s Workplace
POLL: Weingarten Right or Not?
• Management schedules an interview with Sally concerning her accident. She asks for union representation. A shop steward is not available for another 2 hours.
1. Weingarten Right
2. Not
December 4–6, 2019 – Hilton Nashville DowntownLabor Law Solutions: Practical Solutions for Today’s Workplace
Anatomy and Administration of a
Collective Bargaining Agreement
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December 4–6, 2019 – Hilton Nashville DowntownLabor Law Solutions: Practical Solutions for Today’s Workplace
What Would You Do?
Section 11.4
“Employees shall be on probation for their first 90 days worked.”
Q: Alice is hired as an operator and works for two weeks. She injured her back at work and was absent from work for five months. When Alice returns to work, has she completed her probationary period?
PRESENTED BY
Rodolfo R. (Fito) Agraz (Dallas/Raleigh)
Timothy A. Garnett (St. Louis)
Ogletree Deakins Learning SolutionsTM: Cutting-Edge Labor Training Techniques
Rodolfo R. AgrazShareholder || Dallas, Raleigh
*Currently licensed in Georgia and North Carolina only.
Mr. Agraz has experience helping a broad spectrum of clients with labor
and employment challenges. His practice is limited exclusively to
ma�ers of federal labor law. He represents clients in diverse industries
during union organizing a�empts involving collective bargaining
negotiations pursuant to the National Labor Relations Act and litigation
before the NLRB. Additionally, he advises clients on best practices in
labor relations and the development of comprehensive labor strategies
to preserve the abili� to maintain direct relationships with employees.
He works with executive leadership and first-line supervisory sta� to
build a positive working environment. Mr. Agraz is fluent in Spanish,
and serves as a member of the firm’s traditional labor and diversi� and
inclusion steering commi�ees.
Mr. Agraz’s broad base of experience includes:
Representing clients in manufacturing, distribution, teleservices,
chemical, petroleum, medical laboratory, transportation, hospitali�,
healthcare, food production, restaurant, aerospace and automotive
industries throughout the United States during union organizing
a�empts;
Serving as chief negotiator in first contract, subsequent contract,
and post-bankruptcy negotiations;
Training supervisors and managers in a wide varie� of federal labor
relations ma�ers.
Timothy A. Garne�Shareholder || St. Louis
Tim Garne� joined the firm in ���� and is a Shareholder in the St. Louis
o�ce. His practice includes collective bargaining in which he serves as a
chief spokesperson for employers in negotiations with unions. He also
provides day-to-day counsel on problems arising under collective
bargaining agreements, such as discipline and discharge and application
of work rules as well as ma�ers arising under the National Labor
Relations Act. Tim also brings a strong business perspective to his
practice because he was the Director of Labor Relations as well as Labor
A�orney for a Houston based energy company for over six years. His
experience also includes counsel and training in union avoidance and
taking positive steps to help remain union free.
Tim is also a nationally recognized speaker and trainer in almost every
aspect of human resource law. Tim has developed and presented
numerous labor employment training programs dealing with labor
relations and other human resources topics for human resources
professionals. His best selling web-based harassment training program
called the “No Zone” continues to be sold and utilized throughout the
United States. In addition, he has used technology to deliver live training
over the internet which is both entertaining and engaging.
Tim has also represented several Fortune ��� companies in employee
relations ma�ers and litigated numerous employment related claims in
both federal and state courts.