"Indiana Contract Law Favored Nations"
2009 Collective Bargaining Seminar October 28 – 30, 2009 Indianapolis, Indiana Indianapolis Marriott Downtown 350 West Maryland Street Indianapolis, IN 46225 (317) 822-3500 Collective Bargaining Seminar Schedule Wednesday, October 28, 2009 6:00 p.m. – 7:00 p.m. Opening Reception Thursday, October 29, 2009 7:00 a.m. – 8:00 a.m. Breakfast 8:00 a.m. – 9:30 a.m. Planning for Negotiations—MCA of Indiana The MCA of Indiana will open the seminar with a broad scope discussion of management approaches and planning for negotiations. Providing context for negotiations Selecting bargaining teams Reviewing market analysis Identifying upcoming market challenges and opportunities Identifying project performance issues and structuring bargaining objectives and approaches 9:30 a.m. – 9:45 a.m. Break 9:45 a.m. – Noon Multiemployer Collective Bargaining Basics—Mike Boldt and Ryan Poor, Ice Miller This panel discussion will focus on the basics of construction multiemployer collective bargaining. Commitment/withdrawal limitation on onset of actual negotiations Bargaining structure—section 8(f) pre-hire bargaining vs. section 9(a) majority clauses Scope of work jurisdiction and subcontracting clauses Grievance procedures, work rules and workplace discipline Industry improvement funds contributions and formation of labor/management cooperative committees Bargaining impasse—strikes, lockouts and contract extensions Contract termination/evergreen roll-over Anti-dual shop proposals/clauses Retroactive settlements EEO/affirmative action requirements in hiring DBE subcontracting requirements Most-favored nations clauses IRC/interest arbitration clause Pre-hire issues Noon – 1:00 p.m. Lunch 1:00 p.m. – 3:15 p.m. Advanced Bargaining Trends—Mike Boldt and Ryan Poor, Ice Miller Ice Miller attorneys will explore a wide variety of current bargaining issues. Standard for Excellence Workforce credentials E-Verify Union jurisdictional issues EEO/affirmative action rules PLAs and national agreements Job targeting programs Foreman training and certification Impact of labor relations clauses in commercial construction documents—AIA or ConsensusDOCS Force majeure and labor harmony clauses Apprenticeship issues Collective Bargaining Seminar Schedule (continued) 3:15 p.m. – 3:30 p.m. Break 3:30 p.m. – 5:00 p.m. Case Study: Pre-hire physical ability testing—Tim Moormeier, U.S. Engineering; Bob Looman, MCA of Kansas City This case study will examine the collective bargaining procedures and ramifications of adopting new pre-hire requirements that referrals submit to physical ability testing as a condition of employment. 5:30 p.m. – 7:00 p.m. Reception Friday, October 30, 2009 7:00 a.m. – 8:00 a.m. Breakfast 8:00 a.m. – 10:15 a.m. Economic Trends and Analysis/Bargaining Book Preparation—John Rayburn, MCA of Indiana; Bob Gasperow, CLRC A 2009 MCAA/UA bargaining round analysis will be provided, assessing market share locally and costing contract proposals. Internet research and resources for an upcoming construction management–side bargaining book will be reviewed. 10:15 a.m. – 10:30 a.m. Break 10:30 a.m. – 11:30 a.m. Strategies for Presenting a Successful IRC Case—Bob FitzGerald, FitzGerald Contractors and Scott Strawbridge, IRC Impartial Secretary The procedures for adopting and using the Industrial Relations Council (IRC) as a bargaining settlement interest arbitration panel or grievance arbitration panel will be reviewed. 11:30 a.m. – Noon MCA of Indiana Panel—John Rayburn, MCA of Indiana This session will wrap up discussion of bargaining issues. Noon – 1:00 p.m. Lunch 1:00 p.m. – 4:00 p.m. Overview of Current Law and Benefit Changes—Mike Boldt and Ryan Poor, Ice Miller and other attorneys Our final session will provide an assessment of the union organizing bill (if it passes or is headed for compromise passage), including the impact on MCAA signatory employees. An analysis of the effects of healthcare reform will be provided if the bill has been enacted; this will include the effect on existing MCAA/UA health plans and/or competitive position of employers. Pension reform and its impact on new funding relief measures (if enacted) on MCAA/UA defined benefit pension plans will be covered. Collective Bargaining Seminar Host/Presenters: John Rayburn MCA of Indiana, Indianapolis, IN MCA of Indiana Bargaining Committee Representative Mike Boldt and Ryan Poor Ice Miller, Indianapolis, IN Tim Moormeier U.S. Engineering Company, Kansas City, MO Bob Looman MCA of Kansas City, Kansas City, MO Bob Gasperow Construction Labor Research Council, Washington, DC Bob FitzGerald FitzGerald Contractors, Shreveport, LA Scott Strawbridge Northern California MCA, Benicia, CA Industrial Relations Council for The Plumbing and Pipe Fitting Industry Collective Bargaining Seminar Indianapolis Marriott Downtown Indianapolis, Indiana October 28 - 30, 2009 Attendee Information Name Badge Name Company Name Title Street Address City State Zip Registrant’s E-mail Work Phone Fax E-mail address to send receipt acknowledgement of registration form The registration fee for this seminar is $795. Registration is open to MCAA members and Association Executives. Check (payable to MCAA) AMEX MC VISA Account Number Expiration Cardholder Name Billing Zip Code Signature MCAA Cancellation & Refund Policy If it becomes necessary to cancel your participation in the seminar, please send written notification to MCAA. You will receive a full registration refund if you cancel by Oct. 5, 2009, other refunds will be handled on a case by case basis. Substitutions are always accepted. Hotel Cancellation & Refund Policy Upon MCAA’s receipt of your cancellation, MCAA will forward the notification to the hotel. Please note that reservations must be cancelled prior to 48 hours of arrival to receive a refund. Hotel Registration Room Type Room Rate (Single/Double Occupancy) King Bed Double Beds Standard Room $165/$175 Arrival Date Departure Date Marriott Rewards Number Total Number of People in Room Sharing Room With Do you have any special hotel requirements? Please contact MCAA Convention Department at 1-800-556-3653 if you require special accommodations to fully participate in this event. Rooms at the Group Rate Are Subject to Availability Reservations are made on a first come, first served, space available basis, upon payment of meeting registration fee. A deposit in the amount of the one night’s daily rate is necessary to confirm your reservation. Cancellations within 48 hours of the arrival date may result in forfeiture of deposit. Check in time is 4:00 pm and check-out is 11:00 am. Rates are subject to taxes equaling 17%. 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