Preparing for the Employee Free Choice Act (Dec. 2008 / Jan. 2009)

November 13, 2008

Co-Sponsored by
The Manufacturers Association of Central New York

Who Should Attend
Human Resources Professionals, Executives and Business Owners who wish to understand the workings of the new law and proactively develop new responses and strategies for operating within the proposed radical changes to the existing framework.

Breakfast Briefing Goals

  • Provide an overview of the proposed law
  • how it would change current law
  • why you must change your response to and strategy for union organizing
  • strategies for changing your current Human Resource Program to avoid an organizing attempt that may end with a card check
  • practical suggestions and steps your organization may wish to adopt in light of the promised legislation

President-Elect Barack Obama has promised to pass the Employee Free Choice Act (EFCA). Organized Labor is predicting passage in the first 100 days of the Obama Presidency. Is your organization ready? This law will radically change the way in which non-union organizations become unionized by:
1. making NLRB secret ballot elections a thing of the past and replacing them with card checks;
2. establishing strict deadlines for bargaining, mediating and conducting interest arbitration (contract terms imposed by a third-party) for the all important first contract; and
3. increasing the NLRB's enforcement power and the penalties assessed on employers.

The New Paradigm
The union organizing process used to begin with card signing, continue with an election and, if the Union successfully cleared those two hurdles, end with a first contract. The EFCA provides a new paradigm; it no longer STARTS with card signing -- it ENDS with card signing !

NICHOLAS J. D'AMBROSIO, JR. Cornell University's New York School of Industrial and Labor Relations (B.S., 1977), Syracuse University College of Law (J.D., summa cum laude, Valedictorian, 1980).

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.

LOUIS P. DiLORENZO Syracuse University (B.A., 1973); University at Buffalo Law School (J.D., 1976).

Mr. DiLorenzo is the Chair of the firm's Labor, Employment Law, Employee Benefits and Executive Compensation and Immigration Practice Group and Managing Partner of the firm's New York City and Long Island offices. He represents employers and management in all aspects of labor and employment law. His areas of experience include collective bargaining, workplace investigations, NLRB proceedings, labor audits, supervisory training, wage and hour issues, arbitration, jury trials in both state and federal courts, wage incentive plans, OFCCP audits and proceedings, employment litigation before the EEOC and the Human Rights Division and alternative dispute resolution techniques. Mr. DiLorenzo also serves several insurance companies as panel counsel (e.g., AIG and Chubb) with respect to employment litigation matters. From 2002-2004, he served as General Counsel and Secretary to Agway, Inc., a Fortune 500 Company. He is a Fellow of the College of Labor and Employment Lawyers, the Litigation Counsel of America and the Federation of Defense and Corporate Counsel.

JOSEPH C. DOLE Syracuse University (M.P.A., 1985), Yale Law School (J.D., 1988).

Mr. Dole's practice includes representation of management in arbitration, collective bargaining, and unfair labor proceedings. He also represents management in employment discrimination proceedings before state and federal administrative agencies and in state and federal courts.

ROBERT A. DOREN State University of New York at Buffalo (B.S., magna cum laude, 1972), State University of New York at Buffalo, School of Law (J.D. 1975).

Mr. Doren is the Managing Attorney of the firm's Buffalo Office. His practice covers the full range of labor and employment services on behalf of management. Mr. Doren concentrates his activities in the area of employment litigation (discrimination, wage and hour, breach of contract, class actions, etc.) in state and federal courts and before the state and federal agencies (EEOC and NYSDHR). His services include counseling and assistance in administration of personnel labor relations, both union and non-union, including union avoidance counseling, collective bargaining and representation of employers before the NLRB and in labor arbitrations. Mr. Doren has particular experience in compliance with state and federal prevailing rate regulations concerning employee compensation on public construction projects, as well as safety regulations under OSHA.

JOANMARIE M. DOWLING University of Alabama (B.S.W., Social Work, magna cum laude, 1997); Albany Law School of Union University (J.D., summa cum laude, 2002). She completed two externships with Hon. Lawrence J. Kahn, U.S. District Court Judge for the Northern District of New York. Ms. Dowling is a member of the Justinian Honorary Law Society.

Ms. Dowling concentrates her practice in labor and employment law. She advises and represents employers on a wide array of labor and employment law issues, including employer recruiting, screening, and hiring practices; harassment and discrimination claims; union avoidance; collective bargaining; wage and hour law compliance; reasonable accommodations for employee disabilities and religion; and discipline and termination of employees.

PETER A. JONES School of Industrial and Labor Relations at Cornell University (B.S., 1989); University of Pennsylvania Law School (J.D., cum laude, 1992).

Mr. Jones counsels and represents employers of all types and sizes in a variety of labor and employment-related contexts, including employment litigation in Federal and State courts, collective bargaining negotiations, wage and hour compliance and proceedings before administrative agencies and the courts, labor arbitrations, union organizing campaigns, strikes and picketing, and representation and unfair labor practice proceedings before the National Labor Relations Board and public sector employers in negotiations, interest arbitration, and improper practice proceedings before the Public Employment Relations Board.