Labor & Employment Law

PERB's 40th Anniversary Conference

By Harvey Randall, Esq.

The conference commemorates 40 years of the State?s Taylor Law ? the statute governing labor relations between government and the unions that represent public employees. It is designed to bring together state, county, city, town, village, and school district labor and management representatives, students and members of the public with an interest in public sector labor relations.

Note: For attorney participants and attendees, CLE credit is pending.

Agenda for May 15 & 16, 2008 - Albany, NY

DAY 1 - May 15th

8:00 a.m. Registration

9:00 a.m. Introduction & Welcoming Remarks

The Taylor Law & Public Sector Collective Bargaining Through the Years
Jerome Lefkowitz, Chairman, NYS PERB

Chairman Lefkowitz, who participated in the drafting of the Taylor Law in 1967, will open the program with an historical overview of the key acts and actors that have shaped the Law.

10:00 a.m. Alternative Statutory Labor Relations Systems

R. Theodore Clark, Esq., Seyfarth Shaw LLP, Chicago

A renowned practitioner will examine various models used in other jurisdictions and contrast them with those found in the Taylor Law.

10:30 a.m. Panel Reaction and Audience Response

Moderator: Prof. Randolph M. McLaughlin, Pace Law School
Panelists: Jules L. Smith, Esq., Blitman & King, LLP, Syracuse
Richard K. Zuckerman, Esq., Lamb & Barnosky, LLP, Melville

11:00 a.m. BREAK

11:15 a.m. Concurrent Sessions Focusing on Alternative Models

Getting to Settlement: A comprehensive look at diverse factors affecting the resolution of negotiations, including finality in impasse procedures, Triborough rights, strikes, and penalties.

Moderator: Ira B. Lobel, Esq., Arbitrator/Mediator, Albany

Panelists: Elayne G. Gold, Esq., Roemer Wallens & Mineaux LLP, Albany William L. Holcomb, Founder, NYS Public Employer Labor Relations Association and President, Holcomb Associates, Buffalo Terry Meginniss, Esq., Gladstein Reif & Meginniss, LLP, New York City James B. Tuttle, Esq., Counsel, Police Conference of New York

Adjudicatory Processes: An assessment of differing approaches to representation, duty to bargain, injunctive relief and other litigation matters.

Moderator: Steven C. DeCosta, Esq., Deputy Director, NYC Office of Collective Bargaining

Panelists: John H. Gross, Esq., Ingerman Smith, LLP, Hauppauge Pauline R. Kinsella, Esq., Executive Director, NYSUT Robert J. Reden, Esq., Reden & O?Donnell, LLP, Buffalo Jay Worona, Esq., General Counsel and Director of Legal & Policy Services, NYS School Boards Association

Building a Successful Enterprise: An exploration of examples of labor-management collaboration at the state and local government levels, aimed at improving the effectiveness of labor and management in accomplishing their missions, meeting goals, and achieving success in collective bargaining.

Moderator: Kevin B. Flanigan, Assistant Director of Conciliation, NYS PERB

Panelists: Margaret Bouck, Past President, Cherry Valley-Springfield Teachers Association Guy Dugas, Deputy Director of Contract Administration, CSEA Christine Koblensky, President, Shenendehowa Teachers Association Michael F. McDonald, Assistant Director, Governor?s Office of Employee Relations L. Oliver Robinson, Ph.D., Superintendent of Schools, Shenendehowa Central Schools Nicholas J. Savin, Superintendent of Schools, Cherry Valley-Springfield CSD

12:30 p.m. LUNCH

2:15 p.m. Impasse Procedures: 30 Years after the Kochan Report

Prof. Thomas A. Kochan, MIT, Sloan School of Management

Professor Kochan will re-examine compulsory interest arbitration?s impact on bargaining,
providing an update to the original ?Kochan Report? issued more than 30 years ago, and will discuss and compare other Taylor Law impasse resolution procedures.

2:45 p.m. Panel Reaction and Audience Response

Moderator: Richard A. Curreri, Esq., Director of Conciliation, NYS PERB
Panelists: Michael C. Axelrod, Esq., Certilman Balin Adler & Hyman, Mineola, John M. Crotty, Esq., NYS Union of Police Associations, Inc., Hon. Shawn D. Hogan, Mayor, City of Hornell Terry O?Neil, Esq., Bond Schoeneck & King, PLLC, Garden City Martin F. Scheinman, Esq., Arbitrator/Mediator, Sands Point

3:30 p.m. BREAK

3:45 p.m. Concurrent Sessions Examining Contemporary Issues

Retirement Issues: A discussion of the many elements concerning retirement, including duty to bargain, pension matters, post-employment rights/ obligations, and benefits.

Moderator: Alan Viani, Arbitrator/ Mediator, Dobbs Ferry

Panelists: John F. Black, Esq., Hinman Straub PC, Albany Mary Lou Conrow, Esq., Coughlin & Gerhart LLP, Binghamton, Terrence L. Melvin, Secretary-Treasurer, NYS AFL-CIO, David S. Shaw, Esq., Shaw Perelson May & Lambert, LLP, Poughkeepsie

Alternate Statutory & Judicial Frameworks: A session that examines the impact of unconventional structures like financial control boards, joint employers, public authorities, and public benefit corporations.

Moderator: Adam Kaufman, Esq., Arbitrator/Mediator, Buffalo

Panelists: Dorothy A. Johnson, Former Executive Director, Buffalo Fiscal Stability Authority and Senior Managing Consultant, Public Financial Management Norma G. Meacham, Esq., Whiteman Osterman & Hanna LLP, Albany, Kathleen O?Hara, Esq., Vice President of Human Resources, Erie County Medical Center, Fran Turner, Director of Legislation and Political Action, CSEA Art Wilcox, Director, Public Employee Division, NYS AFL-CIO

Pattern Bargaining: An analysis of its legal standing, practical application, extent of use, as well as the pros and cons of bringing it into play.

Moderator: Jeffrey M. Selchick, Esq., Arbitrator/Mediator, Albany

Panelists: John V. Currier, Deputy Director, Governor?s Office of Employee Relations Harry Greenberg, Esq., Greenberg Burzichelli Greenberg P.C., Lake Success William F. Sheehan, Esq., Sheehan Greene Carraway Golderman & Jacques LLP, Albany Bertrand B. Pogrebin, Esq., Littler Mendelson, P.C., New York City

5:30 p.m RECEPTION 6:30 p.m. DINNER

After-Dinner Panel: ?The View from On High?

Moderator: Steven Greenhouse, Labor and Workplace Correspondent, New York Times

Confirmed Invitees: Jeff Frayler, President, Suffolk County Police Benevolent Association James F. Hanley, Commissioner, NYC Office of Labor Relations Denis M. Hughes, President, NYS AFL-CIO Richard C. Iannuzzi, President, NYS United Teachers Gary Johnson, Esq., Director, Governor?s Office of Employee Relations Timothy G. Kremer, Executive Director, NYS School Boards Association Randi Weingarten, Esq., President, United Federation of Teachers

DAY 2 - May 16th

8:00a.m. BREAKFAST

9:00 a.m. Court of Appeals Shapes Collective Bargaining Public Policy

Prof. Vincent M. Bonventre, Albany Law School

Professor Bonventre will analyze the impact of recent Court of Appeals? decisions on Taylor
Law rights and obligations.

9:30 a.m. Panel Reaction and Audience Response

Moderator: Prof. Samuel Estreicher, Director, Center for Labor & Employment Law, NYU School of Law

Panelists: Peter A. Bee, Esq., Bee Ready Fishbein Hater & Donovan, LLP, Mineola, Richard Casagrande, Esq., Associate General Counsel, NYSUT, Ronald G. Dunn, Esq., Gleason, Dunn, Walsh & O?Shea, Albany, M. David Zurndorfer, Esq., Proskauer & Rose, LLP, New York City

10:20 a.m. Health Care: Confronting The Challenge

An Overview of the Components, Delivery Systems, Costs & Options

Troy Oechsner, Esq., Deputy Superintendent for Health, NYS Insurance Department

10:45 a.m. Panel Presentations & Audience Reaction

Three panels will discuss their development and use of numerous options
to manage the health care dilemma.

Moderator: Dennis Campagna, Esq., Senior Legal Analyst, Cornell University, ILR School NYC/Municipal Labor Coalition: Pamela S. Silverblatt, Esq., Vice Chancellor, Office of Labor Relations, CUNY Dennis Sullivan, Director of Research and Negotiations, DC 37, AFSCME, AFL-CIO NYS/CSEA: Ross Hanna, Esq., Director of Contract Administration, CSEA Priscilla E. Feinberg, Associate Director of Employee Benefits, Governor?s Office of Employee Relations Rochester Area School Health Plan: Tom Gillett, Rochester Regional Staff Director, NYSUT Gary Valenti, Assistant Superintendent for Administrative Services, Brighton CSD

12:00 p.m. Looking Ahead: Drawing On Lessons Learned, What Does The Future Hold For Public Sector Labor Relations In New York State

Prof. Harry C. Katz, Dean, Cornell University, ILR School

1:00 p.m. Evaluations

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The Taylor Law On Its 40th Anniversary

REGISTRATION FORM

ONE FORM PER REGISTRANT

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FEE - $350 per person (includes all meals listed on agenda, registration fees and program materials).

A discounted rate of $300 per person will apply to groups of 4 or more from the same firm or organization.

CREDIT CARD: AMEX VISA MC DISCOVER (Please circle one)

Number ___________________________________ Expiration Date:___________

I authorize The Desmond Hotel & Conference Center 660 Albany Shaker Road Albany, NY 12211 to charge this card $300 or $350 (please circle the one that applies) for the Taylor Law 40th Conference.

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Full post as published by New York Public Personnel Law on March 27, 2008 (boomark / email).