Labor Relations
Wednesday, September 7, 2016 (All day) to Thursday, September 8, 2016 (All day)
NASA/NASB
2016 Labor Relations Conference
September 7-8, 2016
Cornhusker Marriott - Lincoln, NE
Wednesday, September 7th
1:00 Pre-Conference Workshop: Comparability A, B, C[IR]: An Overview of the Basics of Negotiating with Nebraska Local Teacher Associations
KSB School Law
Many board members decide to run for the board based, in part, on a desire to make sure that the school is utilizing the taxpayers’ resources responsibly. The vast majority of a district’s budget is properly expended on teaching staff. In order to be sure that your district is making prudent decisions in the pay and benefits you grant teachers, you first have to understand the fundamentals of comparability and negotiations in Nebraska education law. The attorneys from KSB (along with their AWESOME paralegal Shari Russell) will take participants through a comprehensive review of the elements that should and should not be included in a comparability study. Topics that will be discussed will include (1) which schools belong in your array, (2) how to account for snow days, PLC time, 4-day school weeks and other unique schedules; (3) how to calculate benefits and the role they play in comparability; (4) how to use incentive payments to hire staff in scarcity areas; and much more. This fast-paced session will provide new board members with a solid understanding of the comparability process and will provide seasoned negotiations veterans with a helpful review of the law in this sometimes contentious area of Nebraska education law.
4:30 Beer and Wine Tasting Social
Join us after the Pre-Conference for a beer and wine tasting social with local breweries and vineyards. Grab a snack and spend some time networking with your colleagues all while trying out the wonderful local beverages Nebraska has to offer.
Thursday, September 8th
7:00 Registration and Continental Breakfast
Exhibits Open
8:00 Welcome and Opening General Session: Phones, Drones and Hormones -- Legal Update
Perry, Guthery, Haase & Gessford, P.C., L.L.O.
The laws and regulations regarding technology continue to evolve and impact school personnel. This is especially true regarding new technologies like drones. Administrators and school leaders will also face questions regarding transgender employees and students. In this session, the attorneys of the Perry Law Firm will discuss these emerging issues and provide guidance on avoiding the legal pitfalls that accompany them. The session will also address new matters relating to benefits, compensation, overtime and other issues that impact labor relations on a daily basis.
10:00 Concurrent Sessions I
10:50 Concurrent Sessions II
12:00 Lunch Keynote: Decrease Stress and Increase Focus While Learning How to Use Synergism and Work Together As a Team
10:00 Concurrent Sessions I
10:50 Concurrent Sessions II
12:00 Lunch Keynote: Decrease Stress and Increase Focus While Learning How to Use Synergism and Work Together As a Team
Joel Weintraub
Joel Weintraub is a “humorous educator” who has managed to merge the formerly disparate worlds of comedy and education. Joel will teach you how to decrease stress and increase focus while learning to use synergism to work together as a team. You will practice strategic and creative thinking techniques for brainstorming fresh ideas at work and at home.
1:15 Concurrent Sessions III
2:15 Concurrent Sessions IV
Concurrent Sessions
10:00-10:45
Employee Misconduct Jeopardy - Hawthorn
Chad Meisgeier, Millard Public Schools
This will be an interactive session working through practical issues and strategies related to employee misconduct. What do you do if your employee posts controversial topics on social media? What if one of your teachers is offered a somewhat racy modeling job? Jeopardy topics will include: Off Duty Conduct, Sex Drugs Rock & Roll, Technology, In the Classroom, and Professionalism. Come to this session with your HR hat on and ready to debate.
Using Public Relations to Survive Labor Relations - Arbor 1
1:15 Concurrent Sessions III
2:15 Concurrent Sessions IV
Concurrent Sessions
10:00-10:45
Employee Misconduct Jeopardy - Hawthorn
Chad Meisgeier, Millard Public Schools
This will be an interactive session working through practical issues and strategies related to employee misconduct. What do you do if your employee posts controversial topics on social media? What if one of your teachers is offered a somewhat racy modeling job? Jeopardy topics will include: Off Duty Conduct, Sex Drugs Rock & Roll, Technology, In the Classroom, and Professionalism. Come to this session with your HR hat on and ready to debate.
Using Public Relations to Survive Labor Relations - Arbor 1
Annette Eyman, Nebraska School Public Relations Association
Are you enduring a labor relations issue? Use public relations to survive! Do you know how to communicate your message to your target audience(s)? Do you have a plan to get in front of a crisis? This presentation will walk participants step-by-step through developing messages for a variety of issues, figuring out who your audiences is and how to best communicate with them, no matter what the issue at hand is. A duo of school public relations professionals will share ideas on how to communicate your message and survive…no win the PR battle in any crisis situation. Participants will leave this session they will have an in-depth knowledge of how to develop a message and frame your message to win your audience.
Avoiding Common Personnel Mistakes - Arbor 2
Greg Perry & Justin Knight, Perry Law Firm
Personnel actions are among the hardest tasks that school administrators and school boards can undertake. These matters can be so difficult, uncomfortable and disagreeable that some administrators and boards will avoid doing anything altogether. "Let's just wait until next year" is an easier approach than "Let's talk tomorrow!" The reality is that educators and board members did not become school leaders to fire teachers. But, it is a hard fact that a school district's administration must help teachers improve -- including having difficult conversations. In this session, the Perry Law Firm will identify common mistakes that administrators and board members make in personnel matters and discuss ways to avoid them or make up for them later in the process.
Negotiations – Timing and Data are Everything! - Olive Branch
Craig Caples – Nebraska Association of School Boards
This session will outline and simplify the negotiation process. It will provide an overview of the statutory requirements and necessary steps of the comparability process, demonstrate how to gain an advantage in the negotiation process, utilize various tools to that will ensure your district is following the applicable Industrial Relations Act requirements, instantly create and access data reports, and view real-time placement calculations. Come see how your district can save time using these simple tools to effortlessly streamline your negotiations.
10:50-11:35
What Happens in Summer, Stays in Summer...Right? - Hawthorn
KSB School Law
Do you have to make the coach rent the gym to hold a summer camp? Can you discipline students for their actions at summer camps? What about staff members, are they subject to discipline for summer camp incidents? You don't pay that classified employees to coach and attend camps in the summer, but should you? Is the district liable for injuries while traveling to camps and things that happen at camp? These are tough questions that boards and administrators face every year. Unfortunately, schools are most often forced to think about them only after tragedy strikes or it ends up in the newspaper. This session will explore the laws governing these tough questions and policy considerations for districts of all sizes.
Negotiations – We’re All In This Together - Arbor 1
Jason Dolliver and Dan Wichman, Pender Public Schools
When it comes to the negotiations process, everyone does things a little different, but there are some things we should all do the same. After all, it is a process that accounts for a vast majority of a school district’s budget. Having a firm grasp on the negotiations process is, therefore, vital to the financial well-being and long-term sustainability of all Nebraska school districts. This session will attempt to eliminate negotiations confusion, encourage Boards to work together throughout the negotiations process, and start a state-wide conversation amongst Boards of Education about negotiations. Working together, much like local and state education associations do, will hopefully help to assure the negotiations process is completed in a manner that is fair to employees yet manageable for school districts.
Planning for and Responding to Emergencies - Arbor 2
Jim Gessford & Rex Schultze, Perry Law Firm
Schools face any number of potential emergencies. From a tornado or other disaster to dealing with the fallout of an employee accused of acting inappropriately, as news--especially bad news--travels quickly today. In this session, the attorneys of the Perry Law Firm will hash out everything from the various emergency management protocols to handling inquiries and spreading the news on sensitive topics at school.
School Finance: A Better Understanding – Olive Branch
Bryce Wilson, Nebraska Department of Education
From basic State Aid concepts and projections to the use of school district funds and budgeting. This session will address a variety of issues related to school finance.
1:15-2:00
Fair Labor Standards Act: Solutions for New and Old Issues - Hawthorn
KSB School Law
Districts across Nebraska have been tracking the new FLSA minimum salary regulations. Many have made changes to classified staff employment arrangements, and many are planning to do so when the new rules go into effect on December 1, 2016. However, we still see districts wrestling with classic FLSA problems, like compensating classified staff members who coach and setting up alternative systems to paying overtime. Each time there's a modification to the FLSA, it brings out the same old questions and problems. Now's the time to get them right. Bring your questions, and we'll discuss the alternatives which will help you address new and old FLSA issues so you can finally skip this session next year!
Brit and Grace...Maintaining Positivity as the Seasons Change - Arbor 1
Renee Hyde, Papillion La Vista Community Schools and Nebraska Association of School Personnel Administrators
State aid, property taxes, aging facilities, teacher shortages, student behavior, school violence, world events, political campaigns, and the list goes on. How do we lead through such complex, emotional times? How do we maintain our focus and navigate the variety of issues that face leaders, staff and communities? There are tangible things that we can do to make it better, not only for ourselves, but for those we are leading.
Is that Discrimination? - Arbor 2
Josh Schauer & Kelley Baker, Perry Law Firm
Taking adverse employment action against anyone, including at-will employees, can have serious consequences. Employees are protected by numerous state and federal laws and regulations. In this session, lawyers from the Perry Law Firm will discuss emerging issues regarding potential claims of discrimination. The session will also include a review of pitfalls and things to consider before disciplining or terminating an employee.
Negotiations 101 - Olive Branch
Rex Schultze, Perry Law Firm
During this session Rex Schultze will discuss the basics of the Nebraska teacher negotiation process, including (1) recognition of the teacher bargaining unit, (2) strategies for preparing for the negotiations process, (2) the duties and obligations of the Board of Education and teacher’s union to initiate and participate in the negotiations process, (4) the time-line for beginning and competing the negotiations process, (5) the resource officer/mediation process should negotiations reach impasse by February 8, (6) and the (unlikely) filing and prosecution of a case before the Nebraska Commission of Industrial Relations.
2:15 – 3:00
To Appeal, or Not To Appeal: PPACA "Health Insurance Marketplace" Notifications - Hawthorn
KSB School Law
PPACA (aka "Obamacare") is complicated, but after a long wait we're finally moving into the actual implementation phase. Many schools have now offered insurance to classified staff members for the first time. All of that prep work and the countless presentations you've attended are paying off, hopefully. Now, it's time to focus on why you've been doing all that work. Step #1 in determining schools' PPACA compliance finally hit late this summer in the form of "Health Insurance Marketplace" Notifications. If you haven't received them yet, you will, and that includes "large employers" and "small employers," alike. We will cover these Notifications in the context of the rest of the PPACA implementation schedule coming up over the next year. This presentation will assist board members and administrators of "large" and "small" schools in understanding how all the stuff we've been talking about for 5 years will finally start to become a reality.
Educator Health Alliance Update - Arbor 1
Greg Long, EHA
Kent Trelford-Thompson, Blue Cross Blue Shield
Kent Treford-Thompson and Greg Long will discuss the latest updates of the Affordable Care Act, the Value of the EHA, Numbers behind the EHA Rate, and an EHA Board update.
Garnishments, Workers’ Compensation and Unemployment - Arbor 2
Jeanette Stull & Josh Schauer, Perry Law Firm
Employees have judgments entered against them. Employees get hurt on the job. Former employees file for unemployment benefits. These day-to-day situations, even when they appear straightforward, can create headaches and confusion for both employers and employees. This session will provide an overview of these areas of the law and will address common issues faced by Nebraska school districts.
Negotiations 201 - Olive Branch
Rex Schultze, Perry Law Firm
This session is for the more advance negotiators and school business personnel. Here, Rex will cover the “nuts and bolts” of the unique Nebraska comparability process to determine the mid-point of “total compensation” for your teachers, including (1) an in-depth discussion of the components of “total compensation” under the Industrial Relations Act, (2) the nuances of the preparation of a comparability study under the precedents established by the Nebraska Commission of Industrial Relations, the meaning, (3) application of the statutory 98%/102% of the mid-point of total compensation benchmarks for CIR jurisdiction to school districts, and (4) strategies for the use of this information at the bargaining table.
Lodging Information
The Cornhusker Hotel
(866) 706-7706
Code: NCSA - Rate: $104 + tax
Book by August 16, 2016
Exhibitors and Sponsors
Exhibitor registration is now closed. Please contact our offices for sponsor oppportunities still available.
Are you enduring a labor relations issue? Use public relations to survive! Do you know how to communicate your message to your target audience(s)? Do you have a plan to get in front of a crisis? This presentation will walk participants step-by-step through developing messages for a variety of issues, figuring out who your audiences is and how to best communicate with them, no matter what the issue at hand is. A duo of school public relations professionals will share ideas on how to communicate your message and survive…no win the PR battle in any crisis situation. Participants will leave this session they will have an in-depth knowledge of how to develop a message and frame your message to win your audience.
Avoiding Common Personnel Mistakes - Arbor 2
Greg Perry & Justin Knight, Perry Law Firm
Personnel actions are among the hardest tasks that school administrators and school boards can undertake. These matters can be so difficult, uncomfortable and disagreeable that some administrators and boards will avoid doing anything altogether. "Let's just wait until next year" is an easier approach than "Let's talk tomorrow!" The reality is that educators and board members did not become school leaders to fire teachers. But, it is a hard fact that a school district's administration must help teachers improve -- including having difficult conversations. In this session, the Perry Law Firm will identify common mistakes that administrators and board members make in personnel matters and discuss ways to avoid them or make up for them later in the process.
Negotiations – Timing and Data are Everything! - Olive Branch
Craig Caples – Nebraska Association of School Boards
This session will outline and simplify the negotiation process. It will provide an overview of the statutory requirements and necessary steps of the comparability process, demonstrate how to gain an advantage in the negotiation process, utilize various tools to that will ensure your district is following the applicable Industrial Relations Act requirements, instantly create and access data reports, and view real-time placement calculations. Come see how your district can save time using these simple tools to effortlessly streamline your negotiations.
10:50-11:35
What Happens in Summer, Stays in Summer...Right? - Hawthorn
KSB School Law
Do you have to make the coach rent the gym to hold a summer camp? Can you discipline students for their actions at summer camps? What about staff members, are they subject to discipline for summer camp incidents? You don't pay that classified employees to coach and attend camps in the summer, but should you? Is the district liable for injuries while traveling to camps and things that happen at camp? These are tough questions that boards and administrators face every year. Unfortunately, schools are most often forced to think about them only after tragedy strikes or it ends up in the newspaper. This session will explore the laws governing these tough questions and policy considerations for districts of all sizes.
Negotiations – We’re All In This Together - Arbor 1
Jason Dolliver and Dan Wichman, Pender Public Schools
When it comes to the negotiations process, everyone does things a little different, but there are some things we should all do the same. After all, it is a process that accounts for a vast majority of a school district’s budget. Having a firm grasp on the negotiations process is, therefore, vital to the financial well-being and long-term sustainability of all Nebraska school districts. This session will attempt to eliminate negotiations confusion, encourage Boards to work together throughout the negotiations process, and start a state-wide conversation amongst Boards of Education about negotiations. Working together, much like local and state education associations do, will hopefully help to assure the negotiations process is completed in a manner that is fair to employees yet manageable for school districts.
Planning for and Responding to Emergencies - Arbor 2
Jim Gessford & Rex Schultze, Perry Law Firm
Schools face any number of potential emergencies. From a tornado or other disaster to dealing with the fallout of an employee accused of acting inappropriately, as news--especially bad news--travels quickly today. In this session, the attorneys of the Perry Law Firm will hash out everything from the various emergency management protocols to handling inquiries and spreading the news on sensitive topics at school.
School Finance: A Better Understanding – Olive Branch
Bryce Wilson, Nebraska Department of Education
From basic State Aid concepts and projections to the use of school district funds and budgeting. This session will address a variety of issues related to school finance.
1:15-2:00
Fair Labor Standards Act: Solutions for New and Old Issues - Hawthorn
KSB School Law
Districts across Nebraska have been tracking the new FLSA minimum salary regulations. Many have made changes to classified staff employment arrangements, and many are planning to do so when the new rules go into effect on December 1, 2016. However, we still see districts wrestling with classic FLSA problems, like compensating classified staff members who coach and setting up alternative systems to paying overtime. Each time there's a modification to the FLSA, it brings out the same old questions and problems. Now's the time to get them right. Bring your questions, and we'll discuss the alternatives which will help you address new and old FLSA issues so you can finally skip this session next year!
Brit and Grace...Maintaining Positivity as the Seasons Change - Arbor 1
Renee Hyde, Papillion La Vista Community Schools and Nebraska Association of School Personnel Administrators
State aid, property taxes, aging facilities, teacher shortages, student behavior, school violence, world events, political campaigns, and the list goes on. How do we lead through such complex, emotional times? How do we maintain our focus and navigate the variety of issues that face leaders, staff and communities? There are tangible things that we can do to make it better, not only for ourselves, but for those we are leading.
Is that Discrimination? - Arbor 2
Josh Schauer & Kelley Baker, Perry Law Firm
Taking adverse employment action against anyone, including at-will employees, can have serious consequences. Employees are protected by numerous state and federal laws and regulations. In this session, lawyers from the Perry Law Firm will discuss emerging issues regarding potential claims of discrimination. The session will also include a review of pitfalls and things to consider before disciplining or terminating an employee.
Negotiations 101 - Olive Branch
Rex Schultze, Perry Law Firm
During this session Rex Schultze will discuss the basics of the Nebraska teacher negotiation process, including (1) recognition of the teacher bargaining unit, (2) strategies for preparing for the negotiations process, (2) the duties and obligations of the Board of Education and teacher’s union to initiate and participate in the negotiations process, (4) the time-line for beginning and competing the negotiations process, (5) the resource officer/mediation process should negotiations reach impasse by February 8, (6) and the (unlikely) filing and prosecution of a case before the Nebraska Commission of Industrial Relations.
2:15 – 3:00
To Appeal, or Not To Appeal: PPACA "Health Insurance Marketplace" Notifications - Hawthorn
KSB School Law
PPACA (aka "Obamacare") is complicated, but after a long wait we're finally moving into the actual implementation phase. Many schools have now offered insurance to classified staff members for the first time. All of that prep work and the countless presentations you've attended are paying off, hopefully. Now, it's time to focus on why you've been doing all that work. Step #1 in determining schools' PPACA compliance finally hit late this summer in the form of "Health Insurance Marketplace" Notifications. If you haven't received them yet, you will, and that includes "large employers" and "small employers," alike. We will cover these Notifications in the context of the rest of the PPACA implementation schedule coming up over the next year. This presentation will assist board members and administrators of "large" and "small" schools in understanding how all the stuff we've been talking about for 5 years will finally start to become a reality.
Educator Health Alliance Update - Arbor 1
Greg Long, EHA
Kent Trelford-Thompson, Blue Cross Blue Shield
Kent Treford-Thompson and Greg Long will discuss the latest updates of the Affordable Care Act, the Value of the EHA, Numbers behind the EHA Rate, and an EHA Board update.
Garnishments, Workers’ Compensation and Unemployment - Arbor 2
Jeanette Stull & Josh Schauer, Perry Law Firm
Employees have judgments entered against them. Employees get hurt on the job. Former employees file for unemployment benefits. These day-to-day situations, even when they appear straightforward, can create headaches and confusion for both employers and employees. This session will provide an overview of these areas of the law and will address common issues faced by Nebraska school districts.
Negotiations 201 - Olive Branch
Rex Schultze, Perry Law Firm
This session is for the more advance negotiators and school business personnel. Here, Rex will cover the “nuts and bolts” of the unique Nebraska comparability process to determine the mid-point of “total compensation” for your teachers, including (1) an in-depth discussion of the components of “total compensation” under the Industrial Relations Act, (2) the nuances of the preparation of a comparability study under the precedents established by the Nebraska Commission of Industrial Relations, the meaning, (3) application of the statutory 98%/102% of the mid-point of total compensation benchmarks for CIR jurisdiction to school districts, and (4) strategies for the use of this information at the bargaining table.
Lodging Information
The Cornhusker Hotel
(866) 706-7706
Code: NCSA - Rate: $104 + tax
Book by August 16, 2016
Exhibitors and Sponsors
Exhibitor registration is now closed. Please contact our offices for sponsor oppportunities still available.
Any cancellation request must be received no later than Friday, September 2, 2016
*A 48 hour (2 business day) cancellation policy is in place for all events. To avoid being charged the full registration fee, please submit any requests to cancel your registration before the cancellation deadline. Please contact Michelle, michelle@ncsa.org, with all cancellation requests and inquiries. Please note: your registration fee will be refunded or waived ONLY if an event is cancelled due to inclement weather. Otherwise, the 48 hour (2 business day) cancellation policy remains in effect for all events.
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