Download - OGLETREE DEAKINS LEARNING · OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 11-1 OGLETREE DEAKINS LEARNING SOLUTIONSTM CUTTING-EDGE LABOR TRAINING TECHNIQUES Rodolfo R. (Fito) Agraz

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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Union Free Training


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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Does your slide tell a story?


70%

Union win rate

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POLL: “The union may promise job

security, but it cannot create or

maintain jobs.”

1. Lawful

2. Unlawful

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POLL: “If you unionize, we’re history.”

1. Lawful

2. Unlawful


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POLL: You heard of “free” parties sponsored by the union.

1. Level 1

2. Level 2

3. Level 3


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POLL: “I promise you your wages

and benefits will go up when the

union gets in.”

1. Lawful

2. Unlawful


Positive Employee Relations

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Who was your best supervisor? Why?

Who was your worst supervisor? Why?

Exercise

What Makes a Good Supervisor?


Supervisory Actions Unions Prey Upon

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It Takes Just One Comment to Lose Respect


7 Secret Rules of Managing

#1 – The Golden Rule

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#7 – Trust

It’s hard to earn but easy to lose

7 Secret Rules of Managing


Discipline and DischargeInvestigation to Decision

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Gathering Facts

• Good Question or Not?

“What were you thinking when you left the Jones’ house without gas?”


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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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.


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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When Is Progressive Discipline Required?


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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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?


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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POLL: Was John aware of the rule?

1. Yes

2. No

3. Maybe


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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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


Anatomy and Administration of a

Collective Bargaining Agreement

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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.

https://ogletree.com/locations/dallas

https://ogletree.com/locations/raleigh

tel:+12144140069

mailto:[email protected]

https://ogletree.com/wp/wp-admin/admin-post.php?action=get_vcard&pid=3625&name=rodolfo-r-agraz

https://ogletree.com/

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.

https://ogletree.com/locations/st-louis

tel:+13148023940

mailto:[email protected]

https://ogletree.com/wp/wp-admin/admin-post.php?action=get_vcard&pid=3952&name=timothy-a-garnett

https://ogletree.com/

Download - OGLETREE DEAKINS LEARNING · OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 11-1 OGLETREE DEAKINS LEARNING SOLUTIONSTM CUTTING-EDGE LABOR TRAINING TECHNIQUES Rodolfo R. (Fito) Agraz

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