Employee Relations Training Courses

Instructor and two course attendees view document in hand

Attorneys, HR/ER/LR Specialists and EEO practitioners will benefit from FELTG’s Employee Relations onsite training courses. Designed to provide practical guidance to help agency employees successfully navigate the world of the Merit Systems Protection Board (MSPB) and related HR topics, these courses offer training on the most current, relevant performance, conduct, and leave topics that impact federal agencies, including how to comply with President Biden’s Executive Order on Protecting the Federal Workforce and the Federal Circuit decision in Santos v. NASA.


 

 

ER-1: Fundamentals of MSPB: Nuts & Bolts (1 day)

There are sound reasons to belive in the near-future return of the Merit Systems Protection Board. This one-day training provides a detailed overview of the Merit Systems Protection Board and how it works, how the Board’s lack of quorum impacts case processing, and how to navigate the MSPB appeal process. This course is an excellent introduction for those new to the field, as well as those trying to align their actions and policies with new laws, regulations, and President Biden’s executive orders.

Course Topics: The foundations of accountability; basic principles of performance; basic principles of conduct actions; successfully navigating the Board’s appeal process; responding to affirmative defenses (allegations of whistleblower reprisal or civil rights discrimination).


 

 

ER-2: Misconduct-Based Actions (1 day)

This one-day training will explain the statutory bases for disciplinary actions, including the Civil Service Reform Act and the Department of Veterans Affairs Accountability and Whistleblower Protection Act. From there the class will discuss the step-by-step process required to take a successful and defensible misconduct-based action, including evidence necessary to support a penalty selection, due process, and alternatives to traditional discipline.

Course Topics: The Five Essential Elements of disciplinary cases; burdens of proof; penalty selection and defense; MSPB’s power to mitigate a penalty; the comparator employee dilemma; the over-arching power of progressive discipline.


 

 

ER-3: Unacceptable Performance-Based Actions (1 day)

When it comes to poor performance, the one action you can’t afford to take is not taking action. Yet, when you do take a performance-based action, there are limitless mistakes that can trip you up and result in lost appeals. Participants will learn how to avoid those routine mistakes, handle minimally successful ratings, and address post-performance demonstration period poor performance. This course includes discussion on how to comply with the Federal Circuit’s decision requiring agencies to have substantial evidence of an employee’s poor performance before putting the employee on a PIP.

Course Topics: Elements of performance cases; burdens of proof; drafting a defensible performance standard; implementing an opportunity period to demonstrate acceptable performance (formerly a PIP); accommodating disability-related performance problems; top mistakes agencies routinely make; how to remove a poor performer in 31 days.


 

 

ER-4: Absence Management: Controlling Leave Use & Abuse (1-2 days)

Is there a more maddening or confusing element of workplace management than navigating the alphabet soup of employee leave – AWOL, LWOP, FMLA, etc.? Whether you’re an HR professional, employee relations practitioner, EEO specialist, supervisor, or agency counsel, you have undoubtedly faced a leave-related challenge during your tenure. This one- or two-day class will cover all types of leave and leave entitlements, ensuring you know when to say “yes” and when you can legally say “no” to a leave request. Participants will leave with the knowledge and skills to deal with any leave situation, whether it’s handling an ADA reasonable accommodation request for leave or taking a Medical Inability to Perform removal.

Course Topics: Types of leave and leave entitlements; overviews of the Family and Medical Leave Act; Leave Without Pay; AWOL; the latest details on paid family leave; leave stacking; leave as a reasonable accommodation under the Americans with Disabilities Act; leave as religious accommodation; leave abuse; alternative, modified and compressed work schedules; excessive absences; non-disciplinary medical removals.


 

ER-5: FMLA Law & Policy (1 day)

Even though the Family and Medical Leave Act has been around for more than 25 years, there are still significant numbers of questions about certain aspects of the law and OPM’s regulations – particularly regarding the differences between the provisions that relate to federal employees, which notice requirements are enforceable, what medical certification should contain, and what rights a federal employee has to challenge a FMLA determination. Let FELTG guide you to a working knowledge of this confusing and sometimes confounding law.

Course Topics: Federal sector FMLA basics; military family leave; serious health condition developments; medical certification issues; managing intermittent FMLA leave; discipline, FMLA and the under-performer; employee notice issues.


 

ER-6: MSPB Charges & Penalties (1-2 days)

Selecting the right charges and choosing a defensible penalty is a crucial part of the disciplinary process. FELTG is here to make sure you have the tools you need to make the right decision in employee discipline. This one- or two-day course will cover everything from the differences between charges and specifications, to drafting the proposal letter, to the consistency of penalty quagmire. If you’re a law enforcement agency, this course will include content on the disciplinary process for LEOs. 

Course Topics: Types of charges; parts of a charge; proposing and deciding officials; proving the difficult “intent” charge element; charge drafting; MSPB and Federal Circuit lead cases in penalty determination; charging down and proving up; defending a penalty as reasonable; case law update.


 

ER-7: Drafting Legally-Sufficient Discipline & Performance Documents (1 day)

Legal writing in federal sector employment law is a specialized craft. FELTG will help you sharpen the skills you need to produce effective, defensible, legally sound discipline and performance documents. Attend this one-day training to ensure that your cases are not lost because of poorly or ambiguously written documents.

Course Topics: The foundations of the civil service; accountability for misconduct; discipline fundamentals and nexus; major options to discipline; probationary employees; misconduct v. unacceptable performance; the five elements of discipline; the procedures of discipline and appeal; drafting proposal notices, decision letters, performance standards and Performance Demonstration Period implementation letters.


 

ER-8: Conducting Effective Misconduct Investigations (2-3 days)

So, you’ve been told there’s potential misconduct among the ranks at your agency, and you’ve been tasked with performing an administrative investigation. Where do you begin? This thorough two- to three-day training will offer an overview of the substantive law followed by the practical skills needed to conduct the investigation. Attendees will learn procedures and best practices from planning the investigation to interviewing witnesses, assessing evidence, and testifying at hearing.

Course Topics: The principles of misconduct in the federal government; the five elements of discipline; impartiality as an investigator; collecting penalty evidence; criminal v. tort activity in the federal workplace; necessary evidence;  fact-finding; employee legal rights during an investigation; Privacy Act considerations; interviewing difficult witnesses; assessing truthfulness; testifying at hearing.


 

 

 

ER-9: MSPB Law and Practice Under the VA Accountability and Whistleblower Protection Act (1-3 days)

In June 2017, Congress passed the VA Accountability and Whistleblower Protection Act, which drastically changed the misconduct and performance accountability procedures for employees in the Department of Veterans’ Affairs. As a result, over 40 years of case law and legal precedent has been impacted. This program provides a top-to-bottom approach covering MSPB-related matters as impacted by the new law.

Course Topics: The principles of misconduct and poor performance in the federal government; supervisory authority and employee rights; discipline procedures and appeals; streamlined performance procedures; burdens of proof in misconduct and performance cases; the impact of the Executive Orders on the VA; MSPB litigation vs. arbitration.


 

ER-10: Advanced Employee Relations (3 days)

Being a federal sector Employee Relations Specialist is a tough job. It’s great to know the basics, but the basics don’t always help you when you’re facing challenging situations. That’s when you realize that there is much more to learn. This three-day seminar, interspersed with practical workshops, immerses attendees in training on difficult topics such as figuring out FMLA leave, writing measurable performance criteria, and dealing with technology-related misconduct.

Day 1: Leave and Attendance: Administering leave, with particular emphasis on sick leave, LWOP, and FMLA. Detailed review of sick leave provisions including authorized purposes for use of sick leave, limitations on use of sick leave for family care and bereavement, eligibility to use leave for care, notice requirements, acceptable documentation. Management actions to control use of leave and abuse of sick leave. Detailed review of FMLA provisions including eligibility to invoke FMLA, entitlement, coverage of family members, administration and notice requirements. Acceptable medical documentation under FMLA, definition of serious health condition. Substitution of paid leave. Discipline tied to FMLA. LWOP – when LWOP is mandatory, limits on granting LWOP, employee status while on extended LWOP. Issues related to annual leave and leave transfer, other leave entitlements.

Day 2: Performance Management: Managing performance from system establishment to conducting annual appraisals to taking actions linked to performance. GEAR initiative and other efforts focused on modifying Federal performance management system. Requirements for performance plans, including design of agency systems, rating schemes, and procedures for conducting appraisals. Linkage between appraisal and other personnel management decisions, including reduction-in-force and within-grade increases. Writing effective and measurable performance criteria that will withstand third-party review, including a workshop where participants will do an in-depth review of performance plans. Requirements for successful performance-based actions – from drafting a Performance Demonstration Period notice that will withstand scrutiny to conducting a bona fide DP to ensuring that due process is met in effecting an action on unacceptable performance.

Day 3: Misconduct and Other Related Issues: Implementation of a successful disciplinary program – delegation of authority, role of advisors, warnings and cautions, use of administrative leave. Nexus. Dealing with comparators in determining a penalty. Involuntary actions – resignations and retirements. Ordering and Offering medical examinations. Specific disciplinary situations: handling situations when an employee is unable to perform including excessive leave, disability retirement, separation disability; conduct unbecoming; failure to meet conditions of employment.

 

 

Upcoming Labor Relations Training Events


Sep
27
Mon
Virtual Training Event – Federal Workplace 2021: Accountability, Challenges, and Trends
Sep 27 – Oct 1 all-day

Download Individual Registration Form

Course Description

We’re back!  Once again, FELTG’s experienced and widely respected instructors come together for the Federal Workplace 2021: Accountability, Challenges, and Trends virtual training event. In this event we focus on making sure you’re prepared to effectively manage the Federal employment challenges that are new, complicated, and critical to your and your agency’s success. Let FELTG lead you into the new fiscal year the right way.

The last year was, to continue the overuse of the word, unprecedented. A pandemic. Remote work. Political chaos. Targeted harassment. A new administration. During the course of this weeklong training, FELTG instructors will share the best practices and lessons learned over the previous fiscal year, and provide the guidance and expertise you’ll need to thrive in the upcoming year.

We know you have plenty of training options – both onsite and virtual – to choose from this time of year. This program has several advantages. Although not a conference, it provides an opportunity for conference-like training for those who can’t get travel approval, or for those not quite ready to squish into packed rooms. And unlike other virtual events where you have to register for the full agenda, this training event allows attendees to register for only the sessions they prefer to attend. In addition, FELTG is an SBA-certified Woman Owned Small Business, allowing your agency to help achieve its small business set aside fiscal targets. And if all that wasn’t enough, Federal Workplace 2021: Accountability, Challenges, and Trends is completely live, and attendees have the opportunities to ask questions and engage in polls and other activities. Beware of “virtual” conferences that aren’t live.

No matter your job title, this event has something for you. Attendees will receive clear strategies and straight-forward guidance on holding employees accountable on emerging performance and conduct issues, deftly handling the most complex challenges, and identifying and handling those pesky issues that are new — or will be soon enough.

Who Should Attend

Attorneys; Labor and Employee Relations Specialists; EEO managers and directors; EEO specialists; Reasonable Accommodation Coordinators; Federal supervisors and managers; emerging leaders; security officers; union representatives.

Download Individual Registration Form



Monday, September 27, 2021

Pre-session
1 – 4:30 pm EDT
EEO Challenges, COVID-19, and a Return to Workplace Normalcy
Presented by Katherine Atkinson, Attorney at Law, FELTG Instructor

(Earn 3 EEO counselor & investigator refresher hours and/or 3 CLE credits)

President Biden’s Executive Order requires all Federal employees to be vaccinated with no option for regular coronavirus testing to opt out of the mandate. What does this mean for employees who refuse to get vaccinated? Are there any religious exemptions that would allow employees to continue to work without vaccination? What about employees who cannot get vaccinated due to a disability – can agencies accommodate them?

Attorney Katherine Atkinson will not only share with you the latest guidance from the president’s EO, the EEOC and the CDC, but she will also explain how applying the basic EEO framework can answer the aforementioned and other puzzling EEO questions you may suddenly face. Because Ms. Atkinson will use a legal analysis to address these challenges, the answers and guidance you receive during this virtual training will be useful long after the coronavirus is gone.

Beyond the vaccination mandate, Ms. Atkinson will also help you answer the following questions and more

  • If a supervisor treats an employee like she has COVID-19, could that employee have a “regarded as” claim under the ADA/Rehabilitation Act?
  • How would you handle an employee’s claim that he’s being harassed because he is at high risk for COVID-19, or has recovered from the virus?
  • Does asking the pre-vaccination screening questions create a violation of Title II of the Genetic Information and Nondiscrimination Act?

Plus, you’ll have plenty of opportunities to ask questions about the unique problems you’re facing during these unprecedented times.

Learning takeaways

Attendees will learn how to determine:

  • Whether an employee with COVID-19 or pre-existing respiratory sensitivities should receive a reasonable accommodation.
  • How pregnant women fit into the framework of EEO and COVID-19.


Tuesday, September 28, 2021

Spotlight on Accountability

 

Session 1
9:30 – 10:45 am EDT
You Want Accountability? Avoid These Too-Common Mistakes
Presented by Deborah J. Hopkins, Attorney at Law, FELTG President

(Earn 1.25 CLE credits)

Almost 60 percent of Federal employees think their supervisors do not do enough to hold unacceptable performers accountable. Meanwhile, myths about the inability to discipline employees for misconduct continue to fester. There is one action you can take to boost your agency’s FEVS scores, increase morale, and improve productivity, and it’s this: Do a better job holding employees accountable for performance and conduct. The best way to start is by eliminating the most common mistakes that derail your efforts. FELTG President Deborah Hopkins will identify these habitual errors, such as using too many suspensions, delaying discipline in favor of unhelpful  letters of caution, committing due process violations, and more.

Learning takeaways

Attendees will learn how to:

  • Avoid due process mistakes in appealable actions.
  • Properly document an employee’s poor performance before a PIP.
  • Draft effective charges that hold up to third-party scrutiny.
Session 2
11:15 am – 12:30 pm EDT
Got Nexus? Accountability for Off-duty Conduct
Presented by Bob Woods, Attorney at Law, FELTG Instructor

(Earn 1.25 CLE credits)

The borderline between on-duty and off-duty has become blurred as of late, with a majority of employees working from home and the omnipresence of social media. Yet, one thing has remained clear and constant: If you’re going to discipline someone for what they do on their own time, you need to show a nexus between the employee’s actions and their Federal job. FELTG Instructor Robert Woods will help you untangle your most challenging off-duty misconduct scenarios and illustrate the situations where the conduct is so egregious as to create a rebuttable presumption of nexus.

Learning takeaways

Attendees will learn how to:

  • Demonstrate nexus between the off-duty conduct and the efficiency of the service.
  • Understand how Douglas Factor Eight: Notoriety and Agency Reputation can create nexus.
  • Select an effective and defensible penalty for off-duty conduct.

Session 3

1:30 – 2:45 pm EDT
Medical Certification Requirements for Sick Leave and FMLA
Presented by Barbara Haga, President/Federal HR Services, FELTG Senior Instructor

(Earn 1.25 CLE credits)

Challenging situations involving sick leave and FMLA are, unfortunately, neither rare nor easy to solve. For example: An employee brings in a medical statement in support of her FMLA request. The statement only says that the employee is “unable to work.” Here’s another one: An employee refuses to bring medical documentation to support three weeks of absence to care for a family member who has a serious health condition. Or what about the employee who claims, for the first time during an MSPB appeal, that she was not AWOL and should have been entitled to sick leave. FELTG Senior Instructor Barbara Haga will provide the solutions to these scenarios, explain how MSPB decisions inform discussions about requirements for medical certification, share OPM’s requirements for revoking retroactive FMLA, and more.

Learning takeaways

Attendees will learn how to:

  • Recognize the different medical certification requirements for sick leave and for FMLA.
  • Implement clear policies on deadlines for submitting medical certification.
  • Explain the requirement for granting provisional leave under the FMLA.
Session 4
3:15 – 4:30 pm EDT
Tools for Accountability: Position Descriptions, Performance Standards, and Medical Requirements
Presented by Barbara Haga, President/Federal HR Services, FELTG Senior Instructor

(Earn 1.25 CLE credits)

There is a lot of confusion about where the authority comes from to hold employees accountable for many things related to their positions, whether it’s medical requirements to hold licenses and certifications, work rules for proper use of credit cards and completing mandatory training, or successful performance of the key functions of their jobs. FELTG Senior Instructor Barbara Haga will explain how to maximize the effectiveness of the various tools management can employ to establish requirements and then deal with situations when employees fail to meet those requirements.

Learning takeaways

Attendees will learn how to:

  • Ensure effective use of well-crafted position descriptions.
  • Implement conduct standards that cover the full gamut of expectations that employees must meet.
  • Develop effective and workable performance plans to accurately capture how well employees perform.


Wednesday, September 29, 2021

Spotlight on Challenges

 

Session 5
9:30 – 10:45 am EDT
Re-boarding: Strategies to Support a Successful Return to the Office
Presented by Anthony Marchese, PhD, Author/Coach/Consultant, FELTG Instructor

 

Most Federal employees are still working remotely, though many of them may soon make a return to the physical workplace. The remote work experience of the last 18 months has provided us with many lessons learned, research findings, and best practices to help supervisors seize the opportunity to nurture a workforce that is stronger and more resilient than ever before. During this session, FELTG Instructor Anthony Marchese, PhD, will share practical strategies for supervisors and advisers to help your employees return to the office smarter, stronger, and more satisfied with work.

Learning takeaways

Attendees will learn how to:

  • Reset expectations and accountability in the post-pandemic workplace.
  • Improve communication and collaboration among hybrid teams.
  • Create a culture of candor and connection.
Session 6
11:15 am – 12:30 pm EDT
Resolving Conflicts Before They Lead to Litigation
Presented by Marcus Hill, Principal/Hill Management Consultancy (HMC) LLC, FELTG Instructor

 

As a Federal supervisor, it’s not a matter of if you will ever experience conflict within the workplace, but when. While workforce diversity is without a doubt an organizational strength, it can also make resolving conflict more difficult due to varying perspectives, orientations, and backgrounds. Conflict that is properly managed can be very beneficial to organizational performance and mission effectiveness. Marcus L. Hill, a recently retired Federal senior executive, will discuss common causes that create workplace conflicts, as well as strategies and practices supervisors can employ to resolve conflict before it leads to workplace chaos, organizational ineffectiveness, and costly litigation.

Learning takeaways

Attendees will learn how to:

  • Identify the common types of conflicts that exists within organizations.
  • Identify conflict management styles, strategies and tools, and when to apply them.
  • Create an organizational culture that builds staff trust through inclusivity, promotes workplace harmony, and inspires innovative problem-solving to resolve conflict.
Session 7
1:30 – 2:45 pm EDT
Identifying and Eliminating Microaggressions in the Workplace
Presented by Deborah J. Hopkins, Attorney at Law, FELTG President

(Earn 1.25 EEO counselor & investigator refresher hours and 1.25 CLE credits)

FELTG Instructor Deborah J. Hopkins, attorney at law, will explain what microaggressions look like in their various forms — including microinsults, microassaults, and microinvalidations. If those words are all new to you, you’re not alone – but it’s time to get up to speed. Ms. Droste will share an implicit bias test, explain its impact, and provide examples where bias can lead to EEO and non-EEO discrimination and harassment.

Learning takeaways

Attendees will learn how to:

  • Determine when bias or microaggression leads to the level of discrimination.
  • Identify acts of microaggression and acts influenced by implicit bias.
  • Respond appropriately and effectively when you see a microaggression in the workplace.
Session 8
3:15 – 4:30 pm EDT
The Reasonable Accommodation Mistakes Agencies Make
Presented by Bob Woods, Attorney at Law, FELTG Instructor

(Earn 1.25 EEO counselor & investigator refresher hours and 1.25 CLE credits)

Oftentimes, the best way to learn is by making mistakes. But not when it comes to reasonable accommodation law. Instead, learn from the blunders that other agencies have already made to prepare your agency to do things the right way. Bob Woods will share those mistakes, covering everything from the interactive process to telework to undue hardship, to raise awareness of how to avoid them.

Learning takeaways

Attendees will learn how to:

  • Determine when to offer an accommodation different from the one requested.
  • Recognize when leave would be considered an appropriate accommodation.
  • Identify the agency defenses that have been successful when denying a reasonable accommodation request.

 



Thursday, September 30, 2021

Spotlight on Trends

 

Session 9
9:30 – 10:45 am EDT
The Changing Nature of Hostile Work Environment Claims
Presented by Katherine Atkinson, Attorney at Law, FELTG Instructor

(Earn 1.25 EEO counselor & investigator refresher hours and 1.25 CLE credits)

Unfortunately, the Federal workplace is not immune to reprehensible harassing behavior. As the pandemic raged and employees remained home, many thought that hostile work environment incidents would wane, yet the targets of hostile work environment merely expanded and changed. More harassment was aimed at Asian American and Pacific Islanders and LGBTQ employees, and harassment took more virtual forms including email and social media. Katherine Atkinson will discuss in clear terms the law on hostile work environment claims, amid the changing nature of the harassing behavior.

Learning takeaways

Attendees will learn how to:

  • Determine when an agency could be held liable for hostile work environment.
  • Raise awareness to prevent harassment from taking place.
  • Take prompt and effective corrective action when harassment is alleged.
Session 10
11:15 am – 12:30 pm EDT
High Times and Misdemeanors: Weed and the Workplace
Presented by Deborah J. Hopkins, Attorney at Law, FELTG President

(Earn 1.25 CLE credits)

Recreational marijuana is legal in almost a dozen states and the District of Columbia, and its use for medical purposes is now legal in 30-plus states. What does that mean for Federal workers in those locations? Could their careers still go up in smoke for a “legal” activity? Are you required to accommodate an employee’s medically certified marijuana usage? What should you do if the Federal employee is married to someone who legally grows marijuana? Should you overlook an employee’s suspected marijuana usage because it makes him more pleasant to work with? FELTG President Deborah Hopkins will review the laws that apply to Federal employees and share the most effective approach to managing and/or disciplining employees when their drug usage seeps into the workplace.

Learning takeaways

Attendees will learn how to:

  • Craft the right charge when disciplining an employee for marijuana usage.
  • Determine when it’s appropriate to require an employee to take a drug test.
  • Handle an employee who has lied about previous marijuana usage.
Session 11
1:30 – 2:45 pm EDT
Preparing for the Surge in Accommodation Requests for Telework
Presented by Ann Boehm, Attorney at Law, FELTG Instructor

(Earn 1.25 EEO counselor & investigator refresher hours and 1.25 CLE credits)

By most accounts, the great telework experiment worked. And as employees are directed to return to the physical workplace, it’s widely expected that requests for telework as a reasonable accommodation for disability (and, perhaps, for religious reasons) will increase significantly. Are you prepared for these requests? Do you have a proper procedure in place? What do you need to know about the interactive process? Ann Boehm discusses it all.

 

Learning takeaways

Attendees will learn:

  • How to determine whether telework would be an effective accommodation.
  • When an agency can legally deny telework as an accommodation.
  • What the EEOC says about accommodating an employee’s commute.
Session 12
3:15 – 4:30 pm EDT
Case Law Update, Part I: MSPB, EEOC, and Fed Circuit
Presented by Ann Boehm, Attorney at Law, FELTG Instructor

(Earn 1.25 CLE credits)

In Federal employment law, things can change quickly. FELTG Instructor Ann Boehm will review the most recent and relevant cases, regulations, studies and reports from OPM, the EEOC, the courts, OSC, and (hopefully) the MSPB. Attendees will leave with knowledge of recent developments and with an in-depth analysis of the current employment law climate and its impact on the Federal workplace.

Learning takeaways

Attendees will learn:

  • How a few recent Federal Circuit decisions have caused a major change at the MSPB in the absence of a quorum.
  • The most updated guidance on Whistleblower protections.
  • Recent trends in EEOC case law.

 



Friday, October 1, 2021

Spotlight on Labor Relations

 

Session 13
9:30 – 10:45 am EDT
Case Law Update, Part II: FLRA and FSIP
Presented by Joseph Schimansky, Former Executive Director/FSIP, FELTG Instructor

(Earn 1.25 CLE credits)

Over the past year-and-a-half, the Federal Labor Relations Authority has released several precedent-altering decisions. The Federal Service Impasses Panel has also issued several noteworthy decisions, but a new panel is on its way. Join FELTG Instructor Joseph Schimansky, the former Executive Director of the Federal Service Impasses Panel, as he reviews the cases and explains what it all means for Federal counsel, HR professionals, Labor Relations practitioners, and union representatives.

Learning takeaways

Attendees will learn:

  • Which Trump FLRA decisions are most likely to be reversed by the Biden FLRA.
  • How the Biden FSIP will operate differently from the practices adopted by the Trump FSIP.
  • The latest updates on the appointment of new FLRA and FSIP Members by the Biden Administration.
Session 14
11:15 am – 12:30 pm EDT
Permissive Bargaining
Presented by Ann Boehm, Attorney at Law, FELTG Instructor

(Earn 1.25 CLE credits)

Permissive bargaining isn’t really permissive now, thanks to Executive Order 14003.  Agencies must bargain over the 5 U.S.C. 7106(b)(1) topics.  But what are the topics that fall under 5 U.S.C. 7106(b)(1)? This course will help you understand the complicated world of negotiability, and it will also help agencies realize that bargaining over these topics isn’t the end of the world.

 

Learning takeaways

Attendees will learn:

  • Determine best practices in dealing with negotiability determinations in light of EO 14003.
  • Develop effective negotiation strategies.
  • Implement communication strategies to ensure mission is not adversely impacted by labor negotiations.

 

Session 15
1:30 – 2:45 pm EDT
Requests for Information
Presented by Ann Boehm, Attorney at Law, FELTG Instructor

(Earn 1.25 CLE credits)

Just about any federal labor relations professional has dealt with a union request for information, but they may not have handled it correctly.  This class will help anyone dealing with a union’s request for information ensure that the agency provides information that it owes the union, but also ensure that the unions are establishing a particularized need.  Engaging in the proper interactive process will help agencies avoid unfair labor practice complaints while providing only information that is legally required.

Learning takeaways

Attendees will learn how to:

  • Identify the rights and obligations of both agencies and unions regarding information requests.
  • Apply the “particularized need” standard.
  • Reply when the union fails to meet the “particularized need” standard.

 

Pricing

 

Event FAQs

  • Can I attend Virtual Training from my government computer?
    • FELTG uses Webex for this Virtual Training Institute event. Many government computers and systems allow Webex access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
  • Can I earn CLE credits for this class?
    • This program is submitted for CLE credits to, and we anticipate approval by, the State Bar of Virginia. Individual CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees.  If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
  • Can I share my access link with co-workers?
    • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
  • Can I register a teleworker?
    • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
  • How do I receive a group rate discount?
    • Group rates are available for agencies registering 10 or more individuals for All Access registration options only. Group discounts are available through September 3.

 

Oct
18
Mon
Virtual Training Event – FLRA Law Week
Oct 18 – Oct 22 all-day

COVID-19 Note: Due to continued travel and gathering restrictions and a concern for our customers’ health and safety, this class will be held virtually. If circumstances change and FELTG decides to hold this class in person in Washington, DC, FELTG will give priority transfers to individuals registered for the virtual training, who wish to attend in person. 

Download Individual Registration Form

Course Description

With one Executive Order, President Joseph R. Biden created a dramatic shift in the world of federal labor relations, rescinding numerous Trump Executive Orders, including those regarding official time, bargaining topics, negotiation timeframes, and union responsibilities to pay for things they never had to pay for before. Are you ready for this 180-degree change in federal labor relations?

Now, more than ever, you need FELTG’s FLRA Law Week. Led by two instructors with a combined total of nearly 40 years experience working at the FLRA, this training will bring you up to speed on where the current law stands, and share best practices on how to effectively navigate it in your day-to-day work, whether you’re a labor attorney, labor relations specialist or union representative.

FLRA Law Week provides attendees with a firm foundation of the historical perspective and precedence of FLRA decisions, as well as a strategy for taking advantage of any new approaches that are coming out of an ever-evolving FLRA. And this includes the latest guidance based on the FLRA’s recent precedent-breaking decisions have on collective bargaining.

There’s no other place where you can get in-depth guidance on hot-button issues, such as permissive bargaining, official time, and negotiations, to guide you through this dynamic time. So join us for this class October 18-22, where the entire world of Federal labor relations will be discussed.

The program runs 9:00 am – 4:00 pm eastern each day, with a break from 12:00-1:00.


Instructors

Ann Boehm, Joe Schimansky

Daily Agenda

Monday, October 18

Basic Management and Employee Rights: An overview of the Federal Service Labor-Management Relations Statute; the current status of Executive Orders 13836 and 13837; fundamental employee, union, and management rights; bargaining unit definition; the union organizer’s role; information requests; official time.

Tuesday, October 19

Labor Relations Meetings and Bargaining: More on official time; formal discussions; union representative rights; the collective bargaining process; the three categories of bargaining: mandatory, permissive, and prohibited; introduction to negotiability.

Wednesday, October 20

Unfair Labor Practices and Negotiability: Employee rights vs. Management rights; the anatomy of an Unfair Labor Practice; an overview of the Federal Services Impasse Panel; negotiability appeals.

Thursday, October 21

The Psychology of Bargaining, Plus Grievances and Pandemic-Related Issues: Selecting a bargaining strategy; interest based bargaining as compared to hard ball bargaining; grievances; exceptions to arbitration awards; a new Administration

Friday, October 22

Understanding the FSIP and Arbitration: Panel members, FSIP procedures, recent FSIP developments, the arbitration process overview; binding the arbitrator; how federal government arbitration is different from private sector arbitration and appeals; educating the arbitrator.


Pricing

Most people attend the full training week, but you may opt out of any days you don’t plan to attend.

Early Bird Tuition (register by October 1):

  • 5 days = $2375
  • 4 days = $1995
  • 3 days = $1575
  • 2 days = $1100
  • 1 day = $575

Standard Tuition (register October 2-22):

  • 5 days = $2475
  • 4 days = $2095
  • 3 days = $1675
  • 2 days = $1200
  • 1 day = $675

Seminar registration includes a printed copy of the materials. In order to receive materials by the training date, please register by October 1 and provide a shipping address. Registrations received after October 1 will also receive printed materials, but materials are not guaranteed to arrive by the training date. No split registrations.

Event FAQs

  • Can I attend Virtual Training from my government computer?
    • FELTG uses Webex for this Virtual Training Institute event. Many government computers and systems allow Webex access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
  • Can I earn CLE credits for this class?
    • CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees.  If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
  • Can I share my access link with co-workers?
    • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person. No split registrations.
  • Can I register a teleworker?
    • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
  • How do I receive a group rate discount?
    • Group rates are available for agencies registering 10 or more individuals for the full event. Group discounts are available through October 1.

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