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  • 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)

  • 1

    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

  • 2

    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

  • 3

    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

  • 4

    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

  • 5

    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

  • 6

    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

  • 7

    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

  • 8

    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

  • 9

    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

  • 10

    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 Discharge Investigation to Decision

  • 11

    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. ”

  • 12

    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

  • 13

    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?

  • 14

    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.

  • 15

    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

  • 16

    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

  • 17

    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. Agraz Shareholder  ||  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 ex

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