Labor Law Breakfast Briefing for Health Care Employers (12/15/09)

November 17, 2009

Who Should Attend

HR Directors, Labor Relations Professionals, In-House Counsel


8:45 a.m. - 9:15 a.m.
Registration and Continental Breakfast

9:15 a.m. - 10:15 a.m.
The New League / 1199 Contract: The Agreement and Future Directions
Bruce McIver

- Compromises the parties reached
- Benefits and pension issues
- Reopeners and long term expectations
- Impact of expected health care legislation

10:15 a.m. - 11:15 a.m.
Hospital Antitrust "Test" Case Update
- and -
FLSA and Other Class Actions Involving Health Care Employers
Nicholas J. D'Ambrosio, Jr.

- Lessons learned from Ellis Hospital case
- Other antitrust developments for health care entities
- Class action wage cases involving the health care industry
- Overtime and FLSA issues

11:15 a.m. - 11:30 a.m.

11:30 a.m. - 12:30 p.m.
Winning Arbitrations in the Health Care Context
David E. Prager

- Unique disciplinary concerns for health care employers
- Winning techniques in health care arbitrations
- When to settle; when to fight
- Recent cases of note

Featured Speaker

Bruce McIver is the current President of the League of Voluntary Hospitals and Homes of New York. The League serves as the bargaining agent for over fifty voluntary hospitals and nursing homes in New York City. Since Mr. McIver has been President the League has concluded five rounds of bargaining on behalf of the industry. Included in the negotiations that the League does is the bargaining for nurses in seventeen hospitals and nursing homes.

Prior to joining the League in 1991 he was a private consultant providing services to clients in all aspects of labor relations. His practice included negotiations and a broad range of human resource issues concerning employees who are represented by unions.

Mr. McIver was formerly President and General Manager of the Long Island Railroad, the nation's largest commuter railroad with an operating budget of $600 million and 6,000 employees represented by fifteen separate unions.

He also served as Director of Labor Relations for the New York State Metropolitan Transportation Authority representing the Authority in its negotiations with 50,000 rail and transit employees. While in that capacity he served simultaneously as Acting Vice President of Labor Relations, New York City Transit Authority, completing a major reorganization of their represented supervisory workforce.

Prior to these positions, Mr. McIver was New York City's Chief Labor Negotiator in negotiations with over 100 unions representing 300,000 employees in areas that included police, firefighters, teachers, sanitation workers and health care workers of all disciplines.

Included in this experience is the management of New York City's health insurance and welfare benefits, as well as extensive productivity bargaining experience. The conversion of the crew size from three to two employees on New York City's sanitation trucks is an example of such bargaining.

Mr. McIver has earned a B.A. degree in Sociology from Columbia University.

BS&K Speakers

Nicholas J. D'Ambrosio, Jr. is a graduate of Cornell University's New York School of Industrial and Labor Relations (B.S., 1977) and Syracuse University College of Law (J.D., summa cum laude, Valedictorian, 1980), where he was Editor-in-Chief of the Syracuse Law Review (1979-1980), President of the Justinian Honorary Law Society (1979-1980) and was awarded the Order of the Coif.

Mr. D'Ambrosio represents employers in anti-discrimination proceedings, affirmative action matters, employment litigation, disability proceedings, OSHA compliance and proceedings, and wage-hour matters before State and Federal agencies and courts. He also represents private and public sector employers in collective bargaining, arbitrations, unfair labor practice proceedings before the National Labor Relations Board and State labor agencies, hospitals and other health care providers in collective bargaining negotiations, union organizing campaigns, workers' compensation, wrongful discharge litigation, employment discrimination and affirmative action matters. Mr. D'Ambrosio is listed in The Best Lawyers in America® 20101 and Super Lawyers®2.

David E. Prager is a graduate of the State University of New York at Buffalo (B.A., summa cum laude, 1979) and the University of Pennsylvania (J.D., 1984), where he received the M.H. Goldstein Memorial Prize for Distinction in Labor Law.

Mr. Prager has twenty-four years' experience in the New York Metropolitan area representing management in all aspects of labor and employment relations, in both unionized and union-free settings, including many hospitals and health care clientele. He was formerly a partner with Sills Cummis Epstein & Gross P.C. and Phillips Nizer LLP.

Mr. Prager has extensive experience in all facets of labor and employment law and litigation, including defending discrimination claims, litigating employment contract, non-competition and restrictive covenant cases and other employment-related claims, before both federal and state courts and agencies. His experience also includes assisting clients in connection with union organizing efforts, collective bargaining, contract administration and arbitration. Mr. Prager also has published extensively on employment discrimination and labor and employment law topics.

1 Copyright 2009 by Woodward/White, Inc., Aiken, SC. Prior results do not guarantee a similar outcome.
2 Copyright New York Super Lawyers 2009.