Jo Linda Johnson, Director, Federal Training & Outreach Division, Office of Federal     Operations, Equal Employment Opportunity Commission
Dwight Lewis, Chief Administrative Judge, Dallas Office, Equal Employment Opportunity
    Commission (invited)
William Macauley, Supervisory Administrative Judge, New York District, Equal Employment
    Opportunity Commission
Julia H. Perkins, Partner, Shaw Bransford & Roth P.C.
Maxanne R. Witkin, Director, Office of Employment Discrimination and Complaint Adjudication,
    Department of Veterans Affairs

Monday, July 29 | 8:30 a.m. - 12 p.m.

Ever wonder what happens at an EEO hearing? Or want to learn how to improve your practical skills? This half-day examination presents an up-close look at the federal sector EEO hearing process through demonstrations of opening arguments, direct- and cross-examinations, objections, proffers, introduction of evidence, closing arguments and much more from both the analytical and hands-on perspectives.

Workshop takeaways

• Identify the pre-hearing and hearing process stages in a typical EEO complaint
• Learn how to keep your opening argument concise, while maximizing focus and emphasizing key points
• Understand limits on the scope of discovery requests

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Benjamin Alexander Jr., Sr. Partner, Alexander Consulting and Training
Debra Alexander, Sr. Partner, Alexander Consulting and Training

Monday, July 29  | 8:30 a.m. - 12 p.m

As a federal supervisor, you are often the first responder to employee issues, concerns and questions that, without appropriate attention, lead to grievances, appeals and complaints. The Alexanders, who have extensive experience working with federal agencies, will address how you can become more proactive and have a better understanding of your unique responsibilities. You’ll learn strategies to help you be a more effective supervisor and how to partner with your agency’s management, EEO and HR officials for successful outcomes.

Workshop takeaways

• Understand the competencies and performance expectations of the
  federal supervisor
• Develop, communicate and document performance expectations and results
• Prevent and respond to allegations of discrimination

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Michael Bogdanow, Legal Liaison, Office of Regional Operations, Merit Systems Protection Board
Thomas Lanphear, Regional Director, Chief Administrative Judge, Atlanta Region, Merit Systems
   Protection Board
Deborah Miron, Director of Regional Operations, Chief Administrative Judge, Merit Systems
   Protection Board
Julia H. Perkins, Counsel, Shaw Bransford & Roth P.C.
Richard Vitaris, Administrative Judge, Atlanta Regional Office, Merit Systems Protection Board

Monday, July 29  | 1:30 - 5 p.m.

You’ve read the cases, but have you ever seen an MSPB hearing? If not, you’re not alone. The MSPB hearing is a mystery for many. Here’s your chance to put it all in perspective, as representatives from the MSPB demonstrate the practical aspects of the hearing, including objections, AJ rulings, direct and cross-examination, and findings.

Workshop takeaways

• Understand the hearing stages in the MSPB process
• Learn the limits on the scope of discovery requests
• Learn how to keep your opening argument concise, while maximizing focus and emphasizing key points

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Robert P. Erbe, Deputy Chief, Labor & Employment Law Division, Immigration & Customs
   Enforcement

Monday, July 29  | 1:30 - 5 p.m.

Poorly drafted proposal and decision letters lead to penalty reversal or mitigation – dragging out the process and costing the agency more time and money. Mr. Erbe will explain how to write proposal and decision letters that meet due process requirements, show you how to establish the theory of your cases, and educate the arbitrator or MSPB on the agency's mission and how it was impacted by the seriousness of the offense. Plus, you’ll gain a full understanding of all the Douglas factors, as well as how the MSPB determines whether a penalty is reasonable.

Workshop takeaways

• Learn specific language to use in your proposal and decisions letters
• Incorporate the Douglas factors in the proposal letter and the three factors necessary in a removal letter
• Effectively address both aggravating and mitigating factors
• Discuss the impact of recent MSPB decisions involving penalties
• Understand the recent standard on comparator employees and how to
  apply it to your situations

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Andrew Pizzi, Conflict Resolution Practitioner

Tuesday, July 30  |  10:45 a.m. - 12:15 p.m.
Thursday, Aug. 1   | 10 - 11:30 a.m.  [R]

Many would argue that the key to successful workplace relationships is the ability to effectively communicate one’s message. In fact, there are three components of communication: sender, information and receiver. But, we can’t assume that the message being conveyed is the same message being received. No matter your role in the federal workplace, Mr. Pizzi will teach you how to develop the skills necessary to overcome communication barriers so that there is a better chance that the message being heard is the same as what’s being said.

Session takeaways

• Explain the importance of giving and receiving feedback
• Summarize thoughts and feelings
• Use questions to better understand and gather more information

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Roslyn D. Brown, Strategic Human Capital and Public Policy Consultant
Andrew Pizzi, Conflict Resolution Practitioner
Mary Ryan, Workplace ADR Program Manager, Office of Civilian Human Resources, Department of    Defense/Navy
John Settle, President, SETTLEment Associates, LLC

Tuesday, July 30 | 1:45 - 3:15 p.m.

Superstars in the world of federal ADR will present a number of ADR nuggets of wisdom and a 60-second explanation for each. Their fellow panelists will have a limited time to offer comments or contrary views – giving you the latest and best thinking in ADR and enhanced perspectives from multiple ADR giants.

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David Maxfield, Co-founder, VitalSmarts

Tuesday, July 30 | 4 - 5 p.m.
Wednesday, July 31 |  2:30 - 3:30 p.m.  [R]

Some workplace conflicts are hot, simmering with hurt feelings, gnawing suspicion and verbal sparring. But most conflicts are cold, as many individuals find it easier to avoid than address a situation. When it happens in the workplace it leads to resentment and mistrust, which directly impacts the agency’s finances, productivity, quality and turnover. It’s not that employees lack integrity in resolving conflict, they lack a script. Through videos and practice discussions, Mr. Maxfield will teach actionable skills from the Crucial Conversations Model for how to deal directly with conflict, saving your agency time and money.

Session takeaways

• Identify the causes and costs of conflict avoidance in the workplace
• Communicate concerns quickly, candidly and respectfully
• Create a culture of candid dialogue and accountability

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Session takeaways

• Apply strategies for assessing and coping with distrust
• Explain how distrust starts and grows
• Develop insights on how dimensions of trust and distrust can be used
  in your own setting

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Tracey Pilkerton Cairnie, President, CoreVision LLC
John Settle, President, SETTLEment Associates, LLC

Wednesday, July 31 |  10:30 a.m. - 12 p.m.

Successful mediation depends on the parties' success in overcoming mutual suspicions and distrust, and achieving a level of trust in each other. Building on the concepts discussed in the session Overcome Distrust in the Workplace (ADR4), Ms. Cairnie and Mr. Settle will explore the behaviors and techniques that mediators use to develop trust in themselves and in the process they lead, as well as ways the mediator can directly and indirectly foster the parties' own trust-building. Specific techniques will be offered, as well as opportunities to participate in exercises to apply lessons learned.

Session takeaways

• Explain the principles and practices the mediator uses to build trust
  in the mediation process
• Apply 10 strategies for building trust and overcoming distrust
• Understand the practical and ethical limits on what the mediator can do to "coach"

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Ray Linder, President, Good Stewardship

Wednesday, July 31 | 3:45 - 4:45 p.m.
Thursday, Aug. 1 | 11:45 a.m. - 12:45 p.m.  [R]

It’s time to look at you a whole new way. The dynamic Mr. Linder will provide insights into the diversity of strengths that people and groups have within themselves – insights that empower you to influence more constructive, productive and effective outcomes in your interactions. Plus, you’ll identify your top personal strengths and how they influence your relationships.

Session takeaways

• Understand the difference between task strengths and relationship strengths
• Identify your mask – personal strengths you don’t identify with which serve
  as a potential conflict trigger
• Indicate strengths that can prevent relationship conflicts

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Thomas Lanphear, Regional Director, Chief Administrative Judge, Atlanta Region, Merit Systems
   Protection Board
William Macauley, Supervisory Administrative Judge, New York District, Equal Employment
   Opportunity Commission
Moderator: Maxanne R. Witkin, Director, Office of Employment Discrimination and Complaint    Adjudication, Department of Veterans Affairs

Tuesday, July 30 | 10:45 a.m. - 12:15 p.m.

Oh, the questions you’d ask an administrative judge directly, if you only had the chance … What factors do you consider when you're thinking about sanctioning a party? How do you determine credibility when the two parties have wildly conflicting versions of an event? What is your biggest pet peeve in dealing with agency counsel? In this interactive session, you’ll have the chance to ask these questions and more to EEOC and MSPB administrative judges.

Session takeaways

• Learn effective ways to make discovery go more smoothly
• Avoid making the mistakes that frustrate the judge
• Determine what you can do to get decisions issued more quickly

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Donald J. Names, Counsel, Office of the General Counsel, Department of the Navy
Steve Sharfstein, Chief of Labor Relations, Uniformed Services University of the Health Sciences
Sam Vitaro, Labor Arbitrator/Mediator/Fact-Finder/Consultant; former Administrative Judge

Tuesday, July 30 | 1:45 - 5 p.m.

This fast-paced, engaging session returns – but as a double-session this year to ensure adequate time to go through all the cases and for you to get answers to your specific questions. Anyone who needs to keep up with employment law – attorneys, EEO professionals, HR practitioners, managers, union officials, etc. – should attend. Mr. Names and Mr. Vitaro will cover the most important decisions issued by the EEOC, MSPB and various courts over the past 12 months. Mr. Sharfstein will take a closer look at the recent decisions by the FLRA. You’ll leave this session with a thorough understanding of the most critical cases, as well as summaries of other important cases.

Session takeaways

• Explain the reasoning behind recent decisions by the EEOC, MSPB, FLRA and courts
• Recognize the impact of recent decisions on your agency’s workplace policies
• Identify trends in federal workplace litigation

< top >

Bruce Fong, Associate Special Counsel, Investigations and Prosecution Division, Office of
   Special Counsel
Sam Vitaro, Labor Arbitrator/Mediator/Fact-Finder/Consultant; former Administrative Judge

Wednesday, July 31 | 8:30 - 10 a.m.

The Whistleblower Protection Enhancement Act, signed by President Obama in 2012, provides whistleblowers additional protection against retaliation for reporting government fraud, waste or abuse. Mr. Fong and Mr. Vitaro will discuss these enhancements to whistleblower law, analyze recent case law and offer guidance on how to ensure your agency doesn’t run afoul of the new law.

Session takeaways

• Identify the new protections provided by the WPEA
• Explain the two-year pilot program that allows whistleblower protection claims
  to be heard by regional appellate courts
• Discuss the role of the Office for Special Counsel and the Merit Systems
  Protection Board

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Jo Linda Johnson, Director, Federal Training & Outreach Division, Office of Federal    Operations, Equal Employment Opportunity Commission

Wednesday, July 31 | 10:30 a.m. - 12 p.m.

Last year, the EEOC ruled in Macy v. Department of Justice that intentional employment discrimination against a transgender individual, because that person is transgender, is a Title VII claim of sex discrimination that should be processed under its regulations. This could be a precursor for a similar decision that also dispenses with references to sexual stereotyping and finds that claims of sexual orientation discrimination are claims of sex discrimination. This session will cover recent cases involving gender identity, sexual orientation and sexual stereotypes, and look ahead to see how the EEOC and the courts may rule on these cases in the future.

Session takeaways

• Avoid agency liability for hostile environment claims that involve gender stereotyping
• Assess when conduct, such as unwanted advances, violates Title VII
• Identify the critical EEOC and court decisions involving sexual orientation

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Maxanne R. Witkin, Director, Office of Employment Discrimination and Complaint Adjudication,    Department of Veterans Affairs

Wednesday, July 31 | 2:30 - 4:45 p.m.

This session meets most states’ legal ethics training requirements.

With a focus on the rules governing the professional conduct of government attorneys, Ms. Witkin will outline the parameters of the attorney-client privilege in government practice and discuss special conflicts of interest ethical rules for current and former government attorneys. She’ll also explore what ethical obligations, if any, an attorney has when she believes a fellow lawyer is mentally unable to represent clients.

Session takeaways

• Clarify who is the government attorney’s client
• Discuss recent decisions involving attorney ethics and social media
• Explain American Bar Association rules for communications with individuals
  other than clients

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Michael Bogdanow, Legal Liaison, Office of Regional Operations, Merit Systems Protection Board
Donald J. Names, Counsel, Office of the General Counsel, Department of the Navy

Thursday, Aug. 1 |  10 - 11:30 a.m.

Where do I go? What do I file? When should I file it? A mixed case involves an adverse action appealable to the MSPB and an EEO complaint appealable to the EEOC. To say these cases mix up personnel law practitioners is an understatement. Justice Kennedy recently commented at oral argument in the case of Kloeckner v. Solis: "I've probably led a charmed life, but I've never heard of a mixed case until this matter came before us." To which counsel replied: "Well, your honor ... you have led a charmed life." Mr. Bogdanow and Mr. Names, the authorities on mixed cases, will lead you through the appeals process, from the election of forum to the role of the Special Panel.

Session takeaways

• Determine in which forum to proceed when the employee elects both forums
• Identify who shares the burden of proof in each forum
• Discuss applicable decisions and the lessons they reveal about mixed cases

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Raymond Angelo, Associate Director, Office of Appeals Counsel, Merit Systems Protection Board

Thursday, Aug. 1  | 11:45 a.m. - 12:45 p.m.

For many, the petition for review process seems a mystery. Pleadings are submitted to the Clerk of the Board and, except in a small percentage of cases, the parties have no contact with anyone at the Board until a decision is issued. Mr. Angelo will explore the petition for review process and the things that happen – or could happen – after the issuance of an initial decision. Find out how the Board decides to issue nonprecedential final orders, what makes for an effective PFR and what happens after the Board issues a final decision.

Session takeaways

• Understand the MSPB’s process for deciding a petition for review
• Explain your agency’s obligations when an AJ orders interim relief
• Discuss settlement options at the petition for review level

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Delia Johnson, Director, Office of Civil Rights, International Broadcasting Bureau; Board of
   Governors, Voice of America
Spurgeon Moore, Director of EEO Complaints, Department of Defense/Army
Moderator: Stephen Paskoff, Esq., President/CEO, ELI ^®

Tuesday, July 30  |  10:45 a.m. - 12:15 p.m.

The EEOC processes several thousand complaints each year and the most prevalent continues to be harassment, including hostile work environment. If not resolved, these cases can drag on for years, sinking morale and, possibly, putting your agency’s mission at risk. What are employees complaining about when they allege hostile work environment? What advice should savvy EEO and HR practitioners be providing to management? What can you do to improve the working relationship between the HR and EEO offices? Mr. Paskoff will lead a discussion in which panelists will highlight their respective experiences and provide practical recommendations for dealing with this persistent and perplexing claim.

Session takeaways

• Discuss how to defend hostile work environment claims
• Identify measures to detect, prevent and correct harassing behavior
• Improve the prevention of hostile work environment claims

< top >

Andrew Kornacki, Public Affairs Specialist, Army Corps of Engineers
Judith A. Phillips, EEO Manager, Army Corps of Engineers

Tuesday, July 30  |  1:45 - 3:15 p.m.

White House initiatives and executive orders to increase underrepresented populations in federal agencies provide EEO offices with opportunities to improve outreach efforts and accomplish other internal goals. Mr. Kornacki and Ms. Phillips will share real-life examples of no-cost outreach programs. You’ll leave this session with best practices, tips and new ideas for approaching outreach with limited or no funding.

Session takeaways

• Understand how to leverage outreach to achieve multiple goals
• Find a partner with resources in the local community
• Create a reference list of ideas and best practices from fellow attendees

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Veronica R. Hill, Director, Equal Opportunity Programs Office, NASA Goddard Space Flight Center
Sharon Wong, Deputy Director, Coordination and Policy, Office of Personnel Management
Dorothy C. Kerr, Senior Attorney-Adviser, NASA Goddard Space Flight Center

Tuesday, July 30 |  4 - 5 p.m.
Wednesday, July 31 |  2:30 - 3:30 p.m.  [R]

The work relationships between the HR, Diversity, EEO and legal offices in federal agencies have historically been filled with friction and tension. But when these offices work together, the returns are much greater. Ms. Hill and Ms. Wong will explore some of the reasons for these challenging relationships and offer potential solutions for increased partnerships. Attendees will leave with an appreciation of the mission, responsibilities and prerogatives of all four offices.

Session takeaways

• Identify areas of commonality and joint objectives between the four functions
• Eliminate existing turf battles
• Create and contribute toward building trust and effective working relationships

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Roslyn D. Brown, Strategic Human Capital and Public Policy Consultant

Wednesday, July 31 |  8:30 - 10 a.m.

Looking to dig deeper into the critical issues facing EEO offices? This open forum is an advanced practicum for discussing issues and strategies with fellow EEO professionals, stakeholders and partners. Mr. Allen and Ms. Brown will lead a candid and sophisticated discussion on strategies, goals and best practices. This think – and action – tank will provide a safe harbor for you to tap into each other’s collective experiences, and find solutions.

Session takeaways

• Navigate a plan of action to resolve your thorniest EEO challenges
• Examine leadership behaviors resulting in EEO complaints and
  perceptions of unfair treatment
• Identify and build on successful approaches to strengthening
  relationships and alliance with stakeholders

< top >

Donald J. Names, Counsel, Office of the General Counsel, Department of the Navy

Wednesday, July 31 | 10:30 a.m. - 12 p.m.

Recent changes in the law have significantly increased the number of requests for reasonable accommodation under the Rehabilitation Act. This fast-paced, highly interactive session will pose challenging reasonable accommodation scenarios to the audience, drawn from actual federal workplace cases. Mr. Names will then work with you to arrive at appropriate resolutions. Whether you’re a novice or seasoned expert, you are guaranteed to walk away with something new to add to your reasonable accommodation tool kit.

Session takeaways

• Review reasonable accommodation analysis with an expert
• Handle all reasonable accommodation requests
• Avoid liability pitfalls for denial of reasonable accommodation

< top >

Tom Lowrey, Director Customer Relations, MicroPact
Jamie L. Price, Director, Reports and Evaluation Division, Equal Employment Opportunity
   Commission

Wednesday, July 31  |  3:45 - 4:45 p.m.

In 2012, the EEOC put together a plan to archive the legacy system used to house and collect statistical EEO complaints and ADR activities submitted in the EEO Form 462. Mr. Lowrey and Ms. Price will describe the new 462 submission process in detail and give you information essential to completing this annual requirement.

Session takeaways

• Understand the new Form 462 submission process
• Explain how to use Microsoft Excel to generate the submission file
• Use the icomplaints Quality Review Management module to generate the
  XML file for submission

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Virginia Andreu-Rosario, Attorney-Advisor, Office of Federal Operations, Equal Employment
   Opportunity Commission
Kelly Goode, EEO Officer, National Gallery of Art
Delia Johnson, Director, Office of Civil Rights, International Broadcasting Bureau;
   Board of Governors, Voice of America

Thursday, Aug. 1 |  10 a.m. – 12:45 p.m.                 Part I

Drawing on their years of EEO experience, the presenters will provide an in-depth look at the wide range of knowledge required for EEO counselors and investigators to effectively do their job, including the various theories of discrimination as well as the laws and executive orders prohibiting employment discrimination. Plus, you’ll learn how recent EEOC Office of Federal Operations decisions will impact the federal EEO process.

Session takeaways

• Understand the impact of the ADAAA on reasonable accommodation
• Identify the bases of protection under Title VII
• Apply the theories of discrimination relevant to the ADEA, EPA and GINA
• Recognize the consequences an agency might suffer if it fails to comply
  with the EEOC's case processing regulations
• Anticipate coming trends in EEO case law

EEO Counselor Training                                             
Conducting the Federal EEO Counseling Process
Kelly Goode, EEO Officer, National Gallery of Art
Delia Johnson, Director, Office of Civil Rights, International Broadcasting Bureau; Board of    Governors, Voice of America

Thursday, Aug. 1  |  1:30 - 5 p.m.                 Part II

Ms. Goode and Ms. Johnson will explain the EEO counselor’s role and responsibilities and show you how to improve the quality of your EEO counselor reports, plus provide guidance on handing all types of cases, including retaliation, harassment and sexual stereotypes.

Session takeaways

• Prepare and write effective counselor reports
• Identify the essentials of a useful counseling report
• Demonstrate effective counseling techniques to gather information
• Recognize and neutralize common challenges to effective counseling

EEO Investigator Training                               
Getting Your Investigation Right
Virginia Andreu-Rosario, Attorney-Advisor, Office of Federal Operations, Equal Employment
   Opportunity Commission

Thursday, Aug. 1  |   1:30 - 5 p.m                Part II

Ms. Andreu-Rosario will provide the tools necessary to effectively conduct an EEO investigation, plus share guidance on how to get the investigation off to a good start, obtain testimony, interview witnesses and identify potential conflicts of interest.

Session takeaways

• Identify the basic steps in the EEO investigative process
• Understand the purposes of the EEO investigation and properly carry ,
  out the role of an EEO investigator
• Draft a complete investigative summary
• Develop effective listening and interviewing skills

< top >

Carlton Hadden, Director, Office of Federal Operations, Equal Employment Opportunity Commission
Moderator: William L. Bransford, Partner, Shaw Bransford & Roth, P.C.

Thursday, Aug. 1 |   11:45 a.m. - 12:45 p.m.

Mr. Hadden will take your questions as he discusses the EEOC's federal sector priorities. He will also offer guidance on how agencies can improve their relationships with the EEOC.

Session takeaways

• Learn about the role of the Office of Federal Operations
• Discuss the approach of the administrative judges in the EEOC's field offices.
• Gain insight into how the EEOC is coping with a lack of resources.

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Ernie DuBester, Chairman, Federal Labor Relations Authority
Carolyn Lerner, Special Counsel, Office of Special Counsel
Moderator: William L. Bransford, Partner, Shaw Bransford & Roth, P.C

Tuesday, July 30 |  10:45 a.m. - 12:15 p.m.

FDR gives you the opportunity to hear from, and speak directly with, the leaders of the major dispute resolution agencies. In this session, Mr. Bransford will direct the conversation, as FLRA Chair DuBester and Special Counsel Lerner take questions from the audience – both live as well as those sent in before the conference.

Session takeaways

• Gain an insight into the newest programs at the FLRA and OSC
• Understand the impact of the new whistleblower law on OSC
• Discuss the state of federal labor relations and its evolution through
  forums to predecisional involvement
  

< top >

Susan Tsui Grundmann, Chair, Merit Systems Protection Board
Moderator: William L. Bransford, Partner, Shaw Bransford & Roth, P.C.

Wednesday, July 31 |  2:30 - 3:30 p.m.

MSPB Chair Grundmann will discuss the Board's new regulations, then take questions from the audience and answer those sent in before the conference. Don't miss out on this unique chance to engage directly with the leader of the Merit Systems Protection Board.

Session takeaways

• Learn about the board's new regulations
• Discuss the latest MSPB precedent
• Explain the board's initiatives, including its mediation program

< top >

Mitch Berkenkemper, Director, Labor and Employee Relations, Environmental Protection Agency
Steve Muir, Director, Labor and Employee Relations, Office of Human Resources, Department of the    Treasury/Office of the Comptroller of the Currency

Tuesday, July 30 | 10:45 a.m. - 12:15 p.m.
Wednesday, July 31 | 10:30 a.m. - 12 p.m.  [R]

Agencies may place an employee on indefinite suspension, pending the completion of investigation or criminal proceedings if the agency has reasonable cause to believe the employee has committed a crime and could be imprisoned. But what is a reasonable cause? Is an arrest, by itself, a valid reason for an indefinite suspension? And how long can you let a suspension continue? Meanwhile, the Federal Circuit and MSPB are changing the law regarding indefinite suspensions related to security clearances. Mr. Berkenkemper and Mr. Muir will review the agency’s responsibilities in an indefinite suspension and provide an overview of the evolving law.

Session takeaways

• Advise managers and supervisors effectively regarding suspensions
• Identify what the agency must prove before it suspends an employee
• Explain what is considered a “reasonable opportunity” for an employee to respond

< top >

Barbara Haga, ER/LR Consultant; President, Federal HR Services Inc.

Tuesday, July 30  |  10:45 a.m. - 12:15 p.m.

With dwindling resources and plunging morale, now is no time to overlook performance problems. Ms. Haga gives you the information you need to take performance-based actions and avoid future claims. She’ll compare the options of taking performance-based actions under Part 432 and Part 752, plus review recent MSPB decisions involving performance standards.

Session takeaways

• Identify the common pitfalls made during the employee’s opportunity period
• Explain what must be proven in order to win an appeal of a removal or
  demotion case before the MSPB
• Establish that your performance standard is reasonable

< top >

Joseph Swerdzewski, Managing Partner, Joseph Swerdzewski & Associates

Tuesday, July 30 | 1:45 - 3:15 p.m.
Wednesday, July 31 | 8:30 - 10 a.m.  [R]

Under Executive Order 13522, employees and union reps are allowed pre-decisional involvement in all workplace matters without regard to whether such matters are negotiable. Unfortunately, the EO does not define pre-decisional involvement. Despite that, some agency management and labor groups are finding a common understanding of PDI and success stories are starting to emerge. Mr. Swerdzewski will discuss how to develop positive labor relations through the successful use of PDI. Through interactive exercises, you’ll get an in-depth look at the steps involved in the process.

Session takeaways

• Establish effective PDI processes as required by Executive Order 13522
• Determine which issues are good candidates for PDI
• Apply the National Council’s guidance on PDI

< top >

Joseph Schimansky, Executive Director, Federal Service Impasses Panel

Tuesday, July 30 | 1:45 - 3:15 p.m.
Wednesday, July 31 | 8:30 - 10 a.m.  [R]

Every year, a significant portion of the Federal Service Impasses Panel’s workload involves disputes over alternative work schedules. AWS impasses can arise under the Federal Service Labor-Management Relations Statute or the Federal Employees Flexible and Compressed Work Schedules Act, but the rules that apply under each law are different. Mr. Schimansky will discuss how impasses are processed under both the Statute and the Act, enabling you to be more effective in dealing with AWS issues.

Session takeaways

• Determine whether a particular work schedule causes an “adverse agency impact”
• Achieve better outcomes when presenting AWS impasses to the FSIP
• Know the different standards the FSIP applies in resolving impasses
  under the Statute and the Act

< top >

Barbara Haga, ER/LR Consultant; President, Federal HR Services Inc.
Don Rider, Senior Associate, GRA, Inc.

Wednesday, July 31 | 10:30 a.m. - 12 p.m.

Are you looking for a higher-level discussion of employee and labor relations issues? In this open forum, you’ll get the opportunity to share ideas and strategies with fellow professionals, stakeholders and partners. Ms. Haga and Mr. Rider will help you and your seasoned peers identify and analyze the most critical challenges you face and you’ll work together to develop innovative strategies for meeting these perplexing challenges.

Session takeaways

• Understand the most difficult challenges facing employee and labor
  relations professionals
• Acquire feedback from your peers on your strategic plans
• Learn what is working for your colleagues in different agencies

< top >

James "Chris" Berry, President - Forest Service Council, NFFE IAMAW
Lenise Lago, Deputy Chief for Business Operations, U.S. Forest Service
Moderator: Michael Wolf, Senior Dispute Resolution Specialist, Federal Labor Relations Authority

Wednesday, July 31 | 2:30 - 3:30 p.m.
Thursday, Aug. 1 |  11:45 a.m. - 12:45 p.m. [R]

Successful labor-management relationships often seem short-lived. Can agencies and unions really establish successful workplace relationships that are durable? Find out from parties that have done it. Mr. Wolf will lead this lively interactive session by answering questions from you and the panel.

Session takeaways

• Identify key elements of labor-management relationships
• Explain the behaviors necessary to establish and maintain a successful LMR
• Define successful labor-management relationships

< top >

Barbara Haga, ER/LR Consultant; President, Federal HR Services Inc.

Wednesday, July 31 |  3:45 - 4:45 p.m.

It seems everyone is using a smartphone and posting to a social networking site. As a result, the potential for technology-based workplace misconduct continues to grow – and become more challenging. What about the employee who posts harassing comments about coworkers on Facebook? What about the individual who uses a government-owned phone to send crude text messages? Ms. Haga will provide guidance, based on relevant MSPB and FLRA decisions, on when and how to take corrective action against employees.

Session takeaways

• Establish a policy regarding the use of government-issued computers
  and personal electronic devices
• Draft definitive charges that deal with various types of misconduct
• Prepare union contract proposals that cover use of available technology

< top >

Steve Muir, Director, Labor and Employee Relations, Office of Human Resources, Department of the    Treasury/Office of the Comptroller of the Currency
Steve Sharfstein, Chief of Labor Relations, Uniformed Services University of the Health Sciences

Thursday, Aug. 1 |   10 - 11:30 a.m.

Learn everything you need to know about the laws, rules and regulations for RIFs, furloughs and other approaches to downsizing. The effective use of pre-decisional involvement with the union to sort through the reality of running a government with less budget money will also be discussed.

Session takeaways

• Know the factors to consider when making a reduced-funding argument
  to the union
• Discuss the processes for successors and accretions
• Implement strategies for meeting goals with fewer employees

< top >

Bruce Stewart, Deputy Director of Training, Compliance and Strategic Initiatives, Office of Diversity    and Inclusion, Office of Personnel Management

Tuesday, July 30 |  10:45 a.m. - 12:15 p.m.
Wednesday, July 31 | 10:30 a.m. - 12 p.m.  [R]

Have an unmotivated staff? Are you constantly resolving personality conflicts? Is there a lack of trust on your team? In light of President Obama’s diversity initiative, OPM has undertaken innovative research on inclusion, uncovering the five habits that foster inclusive environments that increase teamwork, produce results, increase innovation, and improve employee performance and productivity. This inclusive intelligence, what we call the “New IQ,” is the key to improving your team’s effectiveness.

Session takeaways

• Identify 20 behaviors that create inclusive environments
• Address diversity-related concerns consistent with the agency’s philosophy
  and policy
• Cultivate an inclusive climate that improves organizational performance

< top >

Greg Giaccio, Attorney, Office of Special Counsel

Tuesday, July 30 | 1:45 - 3:15 p.m.

Mr. Giaccio will give an in-depth look at the history of the merit system, and discuss the relationship between the merit system principles and their enforcer – prohibited personnel practices. He’ll also will show you how to dissect federal case law, focusing on the seminal cases with the biggest impact on the workplace, specifically on federal managers and supervisors. Plus they’ll discuss the latest federal trends, statistics and perceptions.

Session takeaways

• Understand the unique history of the merit systems principles
• Explain how prohibited personnel practices impact day-to-day
  supervisory relationships and employee engagement
• Compare the relationship between the merit system principles
  and prohibited personnel practices

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William L. Bransford, Partner, Shaw Bransford & Roth, P.C.
Debra L. Roth, Partner, Shaw Bransford & Roth, P.C.

Tuesday, July 30  | 4 - 5 p.m.

The oft-repeated mantra is: Don’t do anything that would put you, your boss or your agency on the front page of The Washington Post. Unfortunately, as we’ve learned from the GSA conference debacle and other recent scandals, it’s easy to fall into the “stupid decision” trap. Whether you’re an executive, yearn to be an executive or work for an executive, you don’t want to miss this session. Attorneys Bransford and Roth will discuss case studies and provide guidance on what can be done to avoid career-ending actions.

Session takeaways

• Identify potential traps that could lead to embarrassing scandals
• Discuss the conflict-of-interest statutes and standards of ethical conduct
• Think like an executive when making decisions

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Robert Dietrich, Federal HR Consultant, Robert E. Dietrich Consulting

Wednesday, July 31 | 8:30 - 10 a.m.

You cannot afford to make a mistake when administering FMLA. An employee complaint could cost your agency back pay and attorney’s fees, as well as the loss of faith in your management. But how do you balance compliance with your concerns about mission and workload? Mr. Dietrich will provide guidance on the more contentious aspects of FMLA, including intermittent leave and the potential for an employee’s serious health condition to invoke consideration and reasonable accommodation under the ADAAA. Attendees will gain a broad understanding of FMLA, including its coverage, and notice and recordkeeping requirements.

Session takeaways

• Recognize when FMLA applies, and to whom it applies
• Assist employees in handling leave appropriately
• Protect yourself and your agency from liability

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Dianne Lipsey, Trainer/Coach/Mediator, ADR Vantage, Inc.
Michael West, Trainer/Coach/Mediator, Michael West & Associates

Wednesday, July 31 |  8:30 - 10 a.m.

Conflict-adverse managers and employees often avoid directly addressing issues of concern. The result is a tension that takes the form of covert processes – situations and conflict that are not easily seen and, therefore, not addressed. They cause disruptions that reduce productivity and employee well-being, and become a source of daily frustration to management. Mr. West and Ms. Lipsey will focus on how to identify the common ways covert processes show up in an organization and techniques to address them.

Session takeaways

• Apply the “seven keys” to address covert dynamics
• Distinguish between covert and overt processes
• Understand intentional and unintentional symbolic communications

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Bob Grant, President/CEO, The Grant Group

Wednesday, July 31 |  2:30 - 4:45 p.m.

The failure to take action for an employee’s inappropriate conduct will not go unnoticed by your staff. It will undermine your ability to lead and dampen employee morale. The key to taking action is documentation at the first sign of trouble. Mr. Grant will cover everything including what to evaluate during the probationary period, why you should use progressive action to rehabilitate an employee and how to connect the nexus dots for off-duty misconduct. Plus, he’ll review recent MSPB and Federal Circuit rulings and provide sample progressive disciplinary letters.

Session takeaways

• Identify the components of a disciplinary charge – label, element and specification
• Differentiate between good and bad documentation
• Understand the legal definition of “employee” and the scope of the
  probationary period

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Mika Cross, Work/Life and Wellness Program Manager, Department of Agriculture

Wednesday, July 31 | 3:45 - 4:45 p.m.
Thursday, Aug. 1 | 11:45 a.m. - 12:45 p.m.  [R]

Telework is essential to an agency’s ability to continue operations during inclement weather, natural disasters, or other unforeseen situations. It can lead to a number of cost-saving efficiencies for agencies and employees. It’s a big part of an organization’s strategy for retaining and recruiting top talent, hiring returning military veterans, and individuals with disabilities, and fostering a diverse and inclusive workforce. The largest challenge remains for the federal manager. The questions asked most by supervisors are: How can I manage employees when they’re not physically present? What if I “need” them for something and they are not here? How do I effectively implement telework for a workgroup that are not all eligible to telework on the same type of schedules or arrangements? Ms. Cross will provide tools and techniques to answer these tough questions. Throughout this interactive discussion, participants will discuss strategies for effective supervision of teleworkers and talk through some of the biggest challenges.

Session takeaways

• Make difficult decisions on position eligibility and telework participation  
• Implement effective accountability measures and monitor performance 
• Monitor and track telework return on investment, productivity and impact
• Identify key resources available for federal managers who supervise teleworkers 

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William L. Bransford, Partner, Shaw Bransford & Roth, P.C.
Mike Causey, Senior Correspondent, Federal News Radio
Jessica Klement, Legislative Director, National Active and Retired Federal Employees Association

Thursday, Aug. 1 |  10 - 11:30 a.m.

Debt ceilings, fiscal cliffs, sequestration and budget battles. For the past year, federal employees have had one eye on their work, and the other eye on Congress. Now, it's time to look forward. What will happen with federal pay? What about benefits? Don't miss the opportunity to get an honest look at upcoming legislation that will impact you and your staff.

Session takeaways

• Understand the impact of current legislative activity on the federal workplace
• Identify areas of future potential legislation
• Discuss impact of legislation on your retirement plans

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Schedule subject to change.