During the months of May and June, 2006, I will be presenting FREE workshops around the state entitled “Public Sector Labor Relations Primer - Hot Topics in Labor Relations,” sponsored by the NJCM Mayors Emeritus Advisory Council. 

These FREE workshops have been approved by the New Jersey Department of Community Affairs for continuing education credit and will be open to all elected officials, municipal managers, administrators, clerks, chief financial officers, etc. to whom the subject matter does or might apply.

Topics to be covered include the following:

Interest Arbitration.

Always a timely topic, since police and fire budget line items are substantial, the impact of interest arbitration on a municipality’s budget can be significant.  The ability to use an arbitrator to mediate a successful contract or to achieve a favorable result from an arbitration hearing can save a municipality “major dollars.”

The program will describe the negotiations process leading up to interest arbitration.  The role of each participant (police chief, fire chief, manager, administrator, CFO, etc.) will be explained.  How to use the arbitrator as a mediator and how to prepare for an interest arbitration hearing will be discussed.

Contract Administration.

Many grievances are won or lost due to poor contract administration, poor contract interpretation, lack of proper grievance responses, and a failure to understand procedural issues as they relate to both grievances and disciplinary matters.

It is extremely important to properly prepare for both grievance handling and disciplinary matters, as well as having an understanding of the appeal process.  Document and witness preparation can be critical.  Procedural strategies could win or lose a case, either at the local level or on appeal.

Issues covered will include contract interpretation, grievance handling, discipline/termination (including “Loudermill” hearings, drafting of disciplinary charges, local hearing procedures, the “45 day” rule, etc.), appeal procedures, and the need for documentation.

Fair Labor Standards Act.

Every day cases are being reported, holding municipalities liable for violating the Fair Labor Standards Act.  Fines can be double or triple a municipality’s actual violation, and can be retroactively applied for two or three years!  Many violations can be easily avoided by understanding the difference between exempt and non-exempt employees, and by knowing how to set up payroll calculations encompassing the necessary information to document compliance.

The major FLSA issues faced by public employers addressed in the program include schedules, overtime and exempt employee status.  How to properly document payroll calculations to establish compliance and how to avoid or successfully defend against Department of Labor audits will be discussed.

Family Medical Leave Act/Family Leave Act.

The applicability, differences, and relationship between federal and state legislation has created problems and confusion for many municipalities.  Compliance with one law does not necessarily mean compliance with both.

The elements, eligibility, and restrictions of the FMLA and FLA will be addressed, as well as a review of recent court cases impacting upon this legislation.

Open Public Records Act.

This relatively recent legislation has spawned many sensitive issues, especially relative to the issues of HIPAA, the right to privacy, etc.  The timing of the release of information is as important as the type of information eligible for release.

The requirements of this “hot” issue will be addressed, as well as limitations on these requirements

Sexual Harassment/Hostile Work Environment.

This area of the law is continuing to expand, both in scope and with liability.  “Hostile Work Environment” has taken on broader meaning, with municipalities being held liable in more types of situations.

Proactive and preventative action is the key to avoiding litigation and, if necessary, to successfully defending against these lawsuits.  The elements of these issues and actions to be taken will be reviewed

Americans with Disabilities Act.

Advances in medicine coupled with an expanding definition of “disability” continues to confound municipalities attempting to comply with this law.  Balancing the impact of the legislation on the municipality with the legitimate needs of the employee has become more and more difficult.

Greater conditions are being placed upon municipalities to make “reasonable accommodations” under this law.  The ever-expanding scope of this legislation and how to deal with it will be addressed

Personnel Policies and Handbooks/Police Manuals.

The necessity for and requirements of employee handbooks and Police manuals will be explored.  Individual policies and laws to be addressed in detail as to necessity, required elements, procedures to be implemented, etc., include sexual harassment, e-mail, the Americans with Disabilities Act, sick leave, and drug and alcohol use/abuse.

We will notify you of the time, date and location of these seminars in the near future.