34th Annual

FEDERAL SECTOR LABOR RELATIONS & LABOR LAW CONFERENCE

SEPT

152016

EASY WAYS TO REGISTER

ONLINE cle.kentlaw.edu

PHONE312.906.5090 MAILOffice of CLEChicago-Kent College of Law565 W. Adams StreetChicago, IL 60661-3691

3

Cover: Official White House Photo by Chuck Kennedy

34th Annual FEDERAL SECTOR LABOR RELATIONS & LABOR LAW CONFERENCE

8:00am–8:40amRegistration

8:40am–8:45am Welcome

8:45am–10:00am Opening Plenary Panel Learning From the Obama Administration—Lessons For The Next Administration

10:00am–10:15am Break

10:15am–11:15am Second Plenary AddressEEO Update

11:15am–11:30am Break 11:30am–12:30pm Concurrent Sessions

Effective Advocacy Across Forums FLRA Update

12:30pm–12:45pmBox Lunch Pick-Up

12:45pm–1:45pm Luncheon SessionEthics: Who Is The Client?

1:45pm–1:50pm Travel Break

1:50pm–2:35pm Post-Luncheon Address Lessons Learned From MSPB

2:35pm–2:45pm Break

2:45pm–3:45pm Concurrent Sessions

MSPB Developments Nuts & Bolts of Hostile Work Environment Claims

3:45pm–4:00pm Break

4:00pm–5:00pm Closing Plenary Address OSC, Whistleblowers, and PPP Enforcement

5:00pm–6:00pmNetworking Reception

CONFERENCE AT A GLANCE

Join top government officials & policy makers, world-class management-side attorneys & union representatives, and leading academics for a focused day of learning about the future of the federal workplace and workforce.

Katherine E. Beaumont Administrative Judge U.S. Merit Systems Protection Board

Charles Center Chief Administrative Law Judge Office of Administrative Law Judges, Federal Labor Relations Authority

Stephen L. Hayford Professor of Business Law, Kelley School of Business, Indiana University-Bloomington, and Arbitrator, NAA

Winston Jackson Administrative Law Judge U.S. Equal Employment Opportunity Commission

Jack Jakubiak Staff Attorney Office of Chief Counsel, Midwest District-West U.S. Dept. of Veterans Affairs

Michael J. McAuley National Counsel National Treasury Employees Union

Dorothy L. Moran Administrative Judge U.S. Merit Systems Protection Board

Gregg R. Sackrider Retired Managing Counsel U.S. Postal Service

Peter A. Sutton Deputy General Counsel Federal Labor Relations Authority

Georgia Vlahos Administrative Judge U.S. Merit Systems Protection Board

Daniel I. Yehl Administrative Judge U.S. Merit Systems Protection Board

Erin Brandenburg Administrative Judge U.S. Merit Systems Protection Board

Gay F. Chase Administrative Judge U.S. Merit Systems Protection Board

Richard L. Rampage Administrative Judge U.S. Merit Systems Protection Board

CONFERENCE FACULTY

Jim Bailey National Executive Vice President and Director of Field Operations and Organizing, National Treasury Employees Union

Tom Funciello Associate Commissioner, Office of Labor-Management and Employee Relations U.S. Social Security Administration

Jeffrey Neal Senior Vice President ICF International

Carolyn N. Lerner Special Counsel U.S. Office of Special Counsel

Peggy R. Mastroianni Legal Counsel U.S. Equal Employment Opportunity Commission

FEATURED FACULTY

Susan Tsui Grundmann Chairman U.S. Merit Systems Protection Board

PROGRAM SCHEDULE SEPTEMBER 15, 2016

8:00am-8:40am Registration

8:40am-8:45am Welcome

8:45am-10:00amOPENING PLENARY PANELLearning From The Obama Administration—Lessons For The Next AdministrationLet’s talk about what can we learn from the last seven years. What is the relationship between the White House and federal employee unions? What is the climate in labor-management forums? Is the FEVS even being used? If so, what does it say? What has the impact of EO 13522 been? Are employees more engaged, agencies more productive and effective? What are its costs, its benefits, its effect on labor-management relations? And where does the next generation fit in?

Jim Bailey, National Executive Vice President and Director of Field Operations and Organizing, National Treasury Employees UnionTom Funciello, Associate Commissioner, Office of Labor-Management and Employee Relations, U.S. Social Security AdministrationJeffrey Neal, Senior Vice President, ICF International

10:00am-10:15am Break

10:15am-11:15am SECOND PLENARY ADDRESS

EEO UpdateGain insight into recent case law and policy guidance on front burner EEO issues.

Peggy R. Mastroianni, Legal Counsel, U.S. Equal Employment Opportunity Commission

11:15am-11:30am Break

11:30am-12:30pmCONCURRENT SESSIONS

Effective Advocacy Across ForumsCharles Center, Chief Administrative Law Judge, Office of Administrative Law Judges, Federal Labor Relations Authority Gay F. Chase, Administrative Judge, U.S. Merit Systems Protection Board

Stephen L. Hayford, Professor of Business Law, Kelley School of Business, Indiana University-Bloomington, and Arbitrator, NAAWinston Jackson, Administrative Law Judge, U.S. Equal Employment Opportunity Commission

FLRA UpdateThis session will provide an update of noteworthy cases and developments from the FLRA.

Peter A. Sutton, Deputy General Counsel, Federal Labor Relations Authority

12:30pm-12:45pm Box Lunch Pick-Up

12:45pm-1:45pmLUNCHEON SESSION

Ethics: Who Is The Client?This session will examine ethical scenarios faced by public sector employment and labor attorneys. Considerations include: asserting privilege, candor to the tribunal and obligations to the government, or national union versus the individual client.

Jack Jakubiak, Staff Attorney, Office of Chief Counsel, Midwest District-West, U.S. Dept. of Veterans AffairsMichael J. McAuley, National Counsel, National Treasury Employees Union

1:45pm-1:50pm Travel Break

“This is the one conference I always make certain to attend.”

– Previous Attendee

1:50pm-2:35pmPOST-LUNCHEON ADDRESS

Lessons Learned From MSPBWhat was once described as an obscure but powerful agency, the MSPB has endured a raucous six and a half years. Highlights and low lights from the outgoing Chairman.

Susan Tsui Grundmann, Chairman, U.S. Merit Systems Protection Board

2:35pm-2:45pm Break

2:45pm-3:45pmCONCURRENT SESSIONS

MSPB DevelopmentsA discussion of recent MSPB cases and what we are seeing as administrative judges that may assist those appearing before the MSPB.

Katherine E. Beaumont, Administrative Judge, U.S. Merit Systems Protection BoardErin Brandenburg, Administrative Judge, U.S. Merit Systems Protection BoardGay F. Chase, Administrative Judge, U.S. Merit Systems Protection BoardDorothy L. Moran, Administrative Judge, U.S. Merit Systems Protection BoardRichard L. Rampage, Administrative Judge, U.S. Merit Systems Protection BoardGeorgia Vlahos, Administrative Judge, U.S. Merit Systems Protection BoardDaniel I. Yehl, Administrative Judge, U.S. Merit Systems Protection Board

Nuts & Bolts of Hostile Work Environment ClaimsWhen is the 45-day deadline for filing an EEO complaint not really a deadline? When it’s part

of a hostile work environment claim. How the courts and the EEOC have defined discrete acts versus hostile work environment claims will be discussed, especially in regard to time limits. At what point do seemingly minor workplace issues convert to an actionable claim? And how are stale, discrete claims resurrected by attaching them to a timely claim? Also on the docket, what happens when the complainant is a bargaining unit member and the alleged harasser is part of management? Find out how to handle these situations and more.

Gregg R. Sackrider, Retired Managing Counsel, U.S. Postal Service

3:45pm-4:00pm Break

4:00pm-5:00pmCLOSING PLENARY ADDRESS

OSC, Whistleblowers, and PPP EnforcementThe U.S. Office of Special Counsel is an independent federal investigative and prosecutorial agency dedicated to safeguarding employee rights and holding government accountable by enforcing the merit system. OSC protects whistleblowers by providing a safe channel for the disclosure of wrongdoing and by investigating prohibited personnel practices, such as whistleblower retaliation. OSC also enforces the Hatch Act and USERRA.

Carolyn N. Lerner, Special Counsel, U.S. Office of Special Counsel

5:00pm-6:00pm Networking Reception

“Some of these panels were stunning. I had no clue about most of this.

Very helpful.” – Previous Attendee

October 4, 2016 The Henry Morris Lecture in International & Comparative Law (free!) 1.0 hr of IL MCLE credit

October 20, 2016 8th Annual Conference on Futures & Derivatives IL MCLE credit & IL CPE credit to be determined

October 24, 2016 Empire of the Fund: The Way We Save Now William A. Birdthistle Book Release Mini-Conference IL MCLE credit to be determined

October 28, 2016 Bi-Annual Midwest Arbitrators’ Symposium, presented by the FMCS & Chicago-Kent College of Law IL MCLE credit to be determined

November 4, 2016 Fin(Legal)Tech Conference IL MCLE credit to be determined

November 18, 2016 Institute for Law and the Workplace Members’ Conference, by invitation only IL MCLE credit to be determined

December 2, 2016 32nd Annual Illinois Public Sector Labor Relations Law Conference IL MCLE credit to be determined

UPCOMING CLE CONFERENCES

C-K SPOTLIGHT

Get in front of your audience first-hand when you confirm your support as a Session Sponsor. Be everyone’s favorite phrase when you become a Wi-Fi Sponsor. These are just a couple of the opportunities available at this conference and others throughout the year. Contact Kelly Calvanico, CLE Director, at 312.906.5090 or cle@kentlaw.iit.edu for further information.

INTERESTED IN SPONSORSHIP OPPORTUNITIES?

“Everything was executed with style! Thanks! ” – Previous Attendee

WHY ATTEND?

As an experienced practitioner you won’t want to miss this hands-on, immediately relevant, intermediate to masters’ level seminar. You will: • Learnfromthemostqualifiedleadersandpractitioners • Hear directly from key regulators & thought leaders • Interact directly with panels during Q&A • Connect and learn from your peers

WHO SHOULD ATTEND THIS CONFERENCE?

• Management-Side Attorneys

• UnionAttorneys&Officials

• GovernmentOfficials&Administrators

• Policy Makers

• Labor Relations Specialists

Created in 1996, the Institute for Law

and the Workplace is a national center for

research, training, dialogue and reflection

on the law that governs the workplace. The

institute serves as an intellectual home for

the labor and employment law community

in Chicago and nationally. It pools the

resources of leading scholars and the

professional community to train students

and professionals, monitor workplace

trends, and reflect upon issues confronting

the labor and employment law community

in a neutral academic setting.

Executive Director Assistant Dean Marsha L. Ross-Jackson

Director Professor Martin H. Malin

Assistant Director Professor Mary Rose Strubbe Faculty

Professor Howard C. Eglit Professor Richard J. Gonzalez Professor Laurie E. Leader Professor César F. Rosado Marzán Professor Henry H. Perrit t, Jr. Professor Carolyn Shapiro

THE INSTITUTE FOR LAW AND THE WORKPLACE

FEDERAL SECTOR CONFERENCE ADVISORY BOARDTasha Berry U.S. Department of Agriculture

AlToni Bias U.S. Social Security Administration

Nancy Bitzer U.S. Railroad Retirement Board

David Born Federal Mediation & Conciliation Service

Julianne Bowman U.S. Equal Employment Opportunity Commission

Kelly Anne Keeler Calvanico Chicago-Kent College of Law

Pauline Coleman-Sutton Federal Managers Association, Retired

Dorothy James American Federation of Government Employees, AFL -CIO

Jennifer Helen Lang U.S. Social Security Administration, Retired

Pamela Langston-Cox Office of the Chief Counsel, U.S. Department of the Treasury

Susan Lewers Chicago-Kent College of Law

FACULTY CHAIR Martin H. Malin Chicago-Kent College of Law

César F. Rosado Marzán Chicago-Kent College of Law

Michael J. McAuley National Treasury Employees Union

George Petrovich National Air Traffic Controllers Association, Retired

Kelly A. Powers-Hamp Chicago-Kent College of Law

Marsha L. Ross-Jackson Chicago-Kent College of Law

John P. Rowe U.S. Equal Employment Opportunity Commission

Gregg R. Sackrider U.S. Postal Service, Retired

Michele Schroeder U.S. Merit Systems Protection Board

Peter A. Sutton Federal Labor Relations Authority

Christopher Zadina U.S. Postal Service

Mark Zaltman U.S. Department of Housing & Urban Development

www.kentlaw.iit.edu/ilw

EVENT DETAILS

A full tuition refund will be granted if received in writing by August 18, 2016. Tuition, less a 25% cancellation fee will be granted if received between August 19, 2016 and September 8, 2016. No refunds will be granted if received after September 8, 2016, but a substitution of attendees for this program will be permitted. Registrants not entitled to a refund will receive access to the written materials. Registrations made with a purchase order not cancelled by the Sept. 8 deadline will be charged 25% of the registration fees. Email cancellation notices to cle@kentlaw.iit.edu.

CANCELLATION POLICY

CHICAGO-KENT COLLEGE OF LAW CONFERENCE LOCATION

HR Certification Institute Credit

Contact the Office of Continuing Legal & Professional Education for more information, cle@kentlaw.iit.edu.

NEW THIS YEARThis Conference May Also Be Eligible For:

CONTINUING EDUCATION CREDIT

IL MCLE Credit 7.0 hrs1.0 hr ethics,

pending approval

PA MCLE Credit 7.0 hrs1.0 hr ethics,

pending approval

We have negotiated a special rate for our conference attendees at the following hotel: The MileNorth Hotel Chicago is a modern boutique hotel with rooftop lounge located in the heart of Chicago’s Magnificent Mile. It is a short cab ride to the law school. The group rate is $269/night plus tax. Reservation can be made online at http://bit.ly/milenorthchicago (group code 4980963) or contacting the hotel directly at (312)787-6000. To enjoy this special group rate, reservations must be made by August 16, 2016. Be sure to mention you are attending the 2016 Federal Sector Labor Law Conference to receive our group rate.

HOTEL ACCOMMODATIONS 565 W. Adams Street

Chicago, IL 60661 cle.kentlaw.edu (312)906-5090

REGISTRATION FORM Name(s) (please print) Professional Title(s)

Firm/Company/Organization

Address

City, State, Postal Code

Telephone Fax Email

Special Dietary Requirements or Accessibility Needs?

CLE Credit? Yes No

Attorney Registration #

PAYMENT INFORMATION AMOUNT: $ PAYMENT TYPE:

Payment by check (Make check payable to: Chicago-Kent College of Law)

Payment by credit card VISA MasterCard American Express Discover

Name on Card

Card Number Expiration Date CSV Code

Signature

Payment by Purchase Order Purchase Order Number: NOTE: Registration form must accompany payment information, a purchase order, or a voucher. Purchase orders or vouchers will not be accepted unless a hard copy is submitted with an assigned purchase order or voucher number. If your agency is transferring funds electronically, please notify us as soon as possible.

3 MAIL Office of CLE Chicago-Kent College of Law 565 W. Adams Street Chicago, IL 60661-3691

ONLINE cle.kentlaw.eduPHONE 312.906.5090

EASY WAYS TO REGISTER

Submitted on or before July 29 Downloadable Materials Only

Submitted on or before July 29 Hard Copy Book & Downloadable Materials

Submitted between July 30-Sept 8 Downloadable Materials Only

Submitted between July 30-Sept 8 Hard Copy Book & Downloadable Materials

Submitted after Sept 8, 2016 Downloadable Materials Only

Submitted after Sept 8, 2016 Hard Copy Book & Downloadable Materials

Check applicable box:

Regular

Group*

$240

$235 $260

$265 $265

$260

$290

$285

$290

$290

$315

$315

* To qualify for the group pricing you need only register 3 or more individuals at the same time.

PRICINGFederal Sector Labor Relations & Labor Law Conference 2016