Monday, April 04, 2011

[IWS] ILR Webinar: WINNING AT THE NLRB: What every lawyer needs to know [Thursdays from May 5-June 23]

IWS Documented News Service
Institute for Workplace Studies----------------- Professor Samuel B. Bacharach
School of Industrial & Labor Relations-------- Director, Institute for Workplace Studies
Cornell University
16 East 34th Street, 4th floor----------------------
Stuart Basefsky
New York, NY 10016 -------------------------------Director, IWS News Bureau


Online Programs for Lawyers

WINNING AT THE NLRB: What every lawyer needs to know [Thursdays from May 5-June 23]


See FLYER at--


NLRB Chairman, Wilma Liebman has said, “The agency is coming back to life after a long period of dormancy.” From union organizing to employee discipline to the duty to bargain to strikes and picketing, the rules are changing. What does this mean to you? How can you get the most out of your NLRB case?


The Labor and Employment Law Program of Cornell University’s ILR School presents this six-session webinar series that provides an insider’s view of the NLRB. Instructor Daniel Silverman, former NLRB Acting General Counsel and Regional Director and current professor at Cardozo Law School, offers insights from one who spent 30 years enforcing the NLRA. This web-based training program for attorneys offers an opportunity for busy practitioners anywhere in the world to participate in focused, interactive sessions wherever internet and telephone access is available. Sessions are held 1:00-2:30 pm (Eastern Time), and each offers 1.5 New York State CLEs. Appropriate for the novice and experienced practitioner alike.


Sign up for just the sessions you want or take 6 sessions and get one session free plus a 20% discount on Dan Silverman’s book, Winning at the NLRB, 2nd ed., published by BNA (; upon registration, we will provide you with a discount code).


Session 1 --to register see--


Structure & Philosophy of the NLRB and Processing Representation Cases

Thursday, May 5, 2011, 1-2:30 PM Eastern


This session presents the roles of the 5 member Board, the General Counsel, the General Counsel’s staff, and the regional offices. Some of the topics discussed are:


Where does the authority lay in deciding cases?

Who are the Board Agents, and what are their real motives?

How to deal with Agents who do not seem to understand.

How to present an effective case the Regional Director and the Board in Washington

When to contact the General Counsel’s administrative staff

What to do before filing a representation petition

Problems to seek to avoid in processing petitions

How to get the most out of your facts

Negotiating election agreements

Register now


Sessions 2 & 3 -- to register see--


Organizing and Employer ULPs 8(a)(1), (3) and (5)

Thursday, May 12, and Thursday, May 19, 2011, 1-2:30 PM Eastern

2 sessions; you must take both sessions


This 2-part session addresses both substantive and procedural issues specifically relating to Unfair Labor Practices in organizational campaigns. Topics include:


What is prohibited?

Drafting the charge

How cases are processed

How to insure that your position is heard by the decision maker

When to do your own investigation

When and how to settle

When does the Board defer to arbitration?

Respondent at the ULP hearing: Presenting an effective defense

Charging Party at the ULP hearing: Aiding the NLRB attorney

New NLRB approaches to remedies

Register now


Session 4 --to register see--


ULPs by Unions

Thursday, May 26, 2011, 1-2:30 PM Eastern


This session covers both the substantive and procedural issues specifically relating to Unfair Labor Practices by Unions. Issues covered include:


What are the limits of enforcing rules against employees?

What does the duty of fair representation really mean?

What types of discrimination are prohibited?

When do strikes, picketing, or boycotts become ULPs?

When and how to settle

Register now



Session 5 -- to register see--


Mandatory and Discretionary Injunctions under 10(l) AND 10(j) and The Role of Collateral Litigation in Labor Disputes

Thursday, June 16, 2011, 1-2:30 PM Eastern


This session will address both the substantive and procedural issues relating to NLRB injunctions and the new emphasis by the NLRB on these matters. It will also discuss what types of law suits are allowed—and which are precluded—by preemption law. Subjects addressed include:


When to ask for an injunction or temporary restraining order

What will the Board look for?

Role of charging party in District Court

When to sue in state court

What is preempted?

Register now



Session 6 --to register see--


Ethical Behavior and the NLRB

Thursday, June 23, 2011, 1-2:30 PM Eastern


Covered in this session are the NLRB’s role in policing misconduct before the Agency and the processes used to do so. Included are:


NLRB approach to misconduct before the Agency

How to raise and defend such issues

Register now



About Your Instructor

Daniel Silverman is an award-winning Adjunct Professor at Cardozo Law School and Co-Director of its Labor and Employment Law Clinic.  He began working for the NLRB as a trial attorney and rose through the ranks to become and Regional Director, NYC Regional Office.  He was appointed NLRB Acting General Counsel by President Bill Clinton in 1993 and 1994 and in 1997 received a Distinguished Service award from President Clinton.  He is now partner at Silverman and Silverman LLP and a labor mediator and arbitrator, serving in industries such as food service, construction, and hotel.  He is co-author of the recently updated Winning at the NLRB, 2d Edition (BNA Books), which offers an insider’s knowledge of procedures and strategies that can assist a practitioner in dealing with the NLRB.



Participants may choose to take one or more sessions (Sessions 2 & 3 constitute one class and must be taken together) at $125/session or can register for all 6 for $625, a savings of $125—get one class free! In order to receive the multiple program discount price, please print the registration form and fax it to the number listed on it.


Printable Registration Form --




Each session offers 1.5 NYS CLEs (transitional and non-transitional). The CLEs in Sessions 1 through 5 are in the area of Professional Practice, and Session 6 offers CLEs in Ethics. Please note that, to receive CLEs for Sessions 2 & 3, you must complete both sessions.


Lawyers admitted to practice in states other than New York are encouraged to contact their state MCLE accreditation body to determine if credit will be granted for this program. Please note that the MCLE Board(s) have the final authority on the acceptance and granting of CLE credit for individual programs. To be eligible to receive CLEs, you must attend and participate. CLE certificates are granted by the Cornell University Law School and will be sent to the e-mail address you indicate on the registration form. Contact our office for information about our CLE financial hardship policy.


For more information on this webinar series or to register, go to our website at:


For information on our CLE scholarship policy or other information, please contact Stephanie Sutow at 212-340-2866 or e-mail



What is a webinar?

A webinar is a "live" interactive opportunity to learn anywhere in the world without leaving your office. It's a convenient and easy method of learning for people with busy schedules.


Utilizing your computer's internet capabilities you will access:


An expert's audio presentation

Visual powerpoint slides

Opportunities to ask questions

Once you register an email confirmation will be sent to you. The link to join the webinar will be sent the day before the session.


On the day of the session, you will connect to the webinar by either clicking on the link or copy and pasting the link into your web browser address line. You will be able to see and hear the speaker’s presentation on your computer monitor if you have speakers (either Mac and PC). If your computer does not have speakers, a phone number is provided to call into the session to hear the presentation.


If you have any questions about the webinar format, please call Alice Torres at 585-262-4440 or email



This information is provided to subscribers, friends, faculty, students and alumni of the School of Industrial & Labor Relations (ILR). It is a service of the Institute for Workplace Studies (IWS) in New York City. Stuart Basefsky is responsible for the selection of the contents which is intended to keep researchers, companies, workers, and governments aware of the latest information related to ILR disciplines as it becomes available for the purposes of research, understanding and debate. The content does not reflect the opinions or positions of Cornell University, the School of Industrial & Labor Relations, or that of Mr. Basefsky and should not be construed as such. The service is unique in that it provides the original source documentation, via links, behind the news and research of the day. Use of the information provided is unrestricted. However, it is requested that users acknowledge that the information was found via the IWS Documented News Service.

Stuart Basefsky                   
Director, IWS News Bureau                
Institute for Workplace Studies 
Cornell/ILR School                        
16 E. 34th Street, 4th Floor             
New York, NY 10016                        
Telephone: (607) 255-2703                
Fax: (607) 255-9641                       



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