AMERICAN BAR ASSOCIATION Section of Labor and Employment Law

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AMERICAN BAR ASSOCIATION Section of Labor and Employment Law Practice and Procedures Under the NLRA Mid-Winter Meeting February 18-25, 1996 Hawk's Cay Resort and Marina Duck Key, Florida Sunday, February 18Arrival and Check-In Monday, February 19 9:00am-12:00pmReview and Discussion of Issues for Presentation to the Board and General Counsel Fredric H. Fischer, Management Co-Chair Seyfarth, Shaw, et al Rocco Solimando, Union Co-Chair New York State United Teachers Agenda Items: Election Detail Arrangments Representation Cases: Time Targets Mail Ballots Injunctions Sequestration EAJA Special Appeals (Subpoenas) Side-Postings Bypassing Counsel General Counsel's Case Triage Procedures Court Reporters Objections Investigations/Hearing Procedures Use of Position Statements as Evidence 9:30am-10:30am Spouses and Guests: Hotel and Florida Keys Orientation 2:00pm-4:00pmSubcommittee Meetings a) Administrative Law Judges David R. Hols, Management Co-Chair Felhaber, Larson, et al

Fred Cloppert, Union Co-Chair Cloppert, Portman, et al b) Freedom of Information Act David A. Kadela, Management Co-Chair Schottenstein, Zox, et al Sally Tedrow, Union Co-Chair O'Donoghue & O'Donoghue Elaine S. Fox, Co-Chair D'Ancona & Pflaum c)procedural Interrelations Between Federal Labor Law Agencies Lawrence B. Miller, Co-Chair Operating Engineers, Local #3 6:30pm-7:30pm Co'Chairs' Welcome/Cocktail Reception Tuesday, February 20 9:00am-12:00pm Response of the Board to the Agenda Issues Margaret A. Browning, Member/NLRB Charles I. Cohen, Member/NLRB To Be Announced, Member/NLRB John J. Toner, Executive Secretary David S. Davidson, Chief Administrative Law Judge Jeffrey Wedekind, Acting Solicitor John E. Higgins, Jr., Acting Inspector General 2:00pm-4:00pm Subcommittee Meetings a) Rule Revision and Rule-Making Victor Schachter, Co-Chair Schachter, Kristoff, et al Lawrence B. Miller, Co-Chair Operating Engineers, Local #3 b) Unauthorized Practice Before the NLRB Arnold E. Perl, Co-Chair Young & Perl James J. Brady, Co-Chair James R. Sandner

c) Equal Access to Justice (EAJA) Jared H. Jossem, Co-Chair Torkildson, Katz, et al Elizabeth A. Truly, Co-Chair New York State United Teachers e)publication: "How to Take a Case Before the NLRB" (BNA Publications) Thomas Keeney, Co-Chair Powers, Kinder, & Keeney Brent Garren, Co-Chair ILGWU Legal Department Wednesday, February 21 9:00am-12:00pm Response of General Counsel to Agenda Issues Fred Feinstein, General Counsel Mary Joyce Carlson, Deputy General Counsel Norton J. Come, Deputy Associate General Counsel B. Allan Benson, Acting Associate General Counsel John Hornbeck, Assistant General Counsel Thursday, February 22 9:00am-10:00am The Ethics and Rules Surrounding Sequestered Witnesses David C. Davidson, Cheif Administrative Law Judge Elaine S. Fox, Management William Widmer, Union 10:00am-11:00am Panel Discussion The Practitioner's View of Recent Changes in NLRB Procedure: Expediting Elections, Use of 10(j) Injunctions, Single Plant Unit, Mail Ballot Election John E. Higgins, Jr., Acting Inspector General John J. Toner, Executive Secretary B. Allan Benson, Acting Associate General Counsel To Be Announced, Management Leonard Page, Union 11:00am-12:00pm Panel Discussion Summary Judgement: Is it Time to Renovate and Update? Margaret A. Browning, Member/NLRB Edward B. Miller, Management To Be Announced, Union

Friday, February 23 9:00am-10:30amSubcommittee Reports Administrative Law Judges Freedom of Information Act Pre-Trial Procedure Procedural Interrelations Between Federal Labor Law Agencies Rule Revision and Rule-Making Unauthorized Practice Before the NLRB Equal Access to Justice (EAJA) Publication: "How to Take a Case Before the NLRB (BNA Publications) 10:45am-12:00pm Committee Administration/Adjournment Future Meetings: Locations Advance Registration Fees Discussion Mid-Winter Program Agenda: 1997