Registration

Continental Breakfast in Exhibit Hall

Pre-Conference Workshops

EEO Potpourri

Getting the Most from Your cyberFEDS^® Subscription

Refreshment Break in Exhibit Hall

Lunch on Own

Refreshment Break in Exhibit Hall

Welcome Reception

Andrew Pizzi, Mediator

Resolving disputes between groups — within an agency or among different agencies — requires a unique set of tools. Andrew Pizzi will provide you with guidance on how to reach consensus on diverse issues while keeping the groups focused on the task and overcoming barriers to reach agreement. You'll learn strategies and techniques to resolve multi-party issues, plus gain a better understanding of group dynamics.

Teresa Bailey, SPHR, Director of Equal Employment Opportunity and Conciliation Programs, Architect
    of the Capitol
John Settle, Mediator, Ombuds, Architect of the Capitol

ADR3: Tuesday, August 11  •  1 - 2:30 p.m.

EEO officials strive to resolve EEO inquiries and complaints. But the growth of ombuds offices and the broadened awareness of mediation, conflict management and coaching/mentoring have created an overlap of ADR initiatives. All entities should work together to deal with conflict — but it doesn't always happen, and sometimes it's not ideal. Attend this session to learn how an ombuds and an EEO director have created an often elusive balance of effort.

Bullies don't always look the same. Some wear jeans, while others wear business suits. Regardless of what they wear, they thrive on making others miserable. In the workplace, bullying — whether it's repeated or a one-time occurrence — wastes time and reduces productivity. This session will use lecture, discussion, case study and role play to help you identify workplace bullying and the appropriate avenues and remedies to resolve the conflict.

Cynthia Mazur, Director, Federal Emergency Management Agency
Mary Ryan, Workplace ADR Manager, Department of Defense/Navy
Tracey Therit, ADR Manager, Department of Veterans Affairs

ADR7: Thursday, August 13  •  11:15 a.m. - 12:45 p.m.

The art of carefully crafting a question to help a person re-think an assumption or consider another's point of view can have a profound impact on the answer. In this innovative session, you'll learn how to use gentle questions to avoid interrogation-like, closed or controlling questions. Attend this session to get fresh ideas and to polish your dispute resolution skills.

Laura M. Albornoz, Administrative Judge, Denver Field Office
Joel A. Kravetz, Administrative Judge, Washington Field Office, Equal Employment Opportunity
    Commission
Janice Kullman, Assistant General Counsel, Federal Housing Finance Agency
Diana Veilleux, Partner, Shaw, Bransford, Veilleux & Roth, P.C.

ATY-P1: Monday, August 10, 8 a.m. - 4:30 p.m.

Need practical tips and strategies for litigating before the Merit Systems Protection Board and the Equal Employment Opportunity Commission? MSPB and EEOC judges, as well as seasoned practitioners, will provide their list of dos and don'ts for effective presentations. This session will cover discovery and deposition practice, settlement strategy, motions practice, witness preparation, and practical tips for well-crafted pre-hearing statements and effective advocacy at a hearing.

Veronica Villalobos, Director, Office of Equal Opportunity, Equal Employment Opportunity Commission

Benefit from this engaging, interactive overview of the most recent administrative decisions issued by the Equal Employment Opportunity Commission involving disability, retaliation, harassment, procedural issues and more. Ms. Villalobos will provide guidance on how these issues affect your agency and touch on the impact of the Lily Ledbetter Fair Pay Act. This session is perfect for busy practitioners who haven't had time to keep up with the constantly evolving case law — get a complete update in just 90 minutes!

James T. Abbott, Chief Counsel to Member Thomas A. Beck, Federal Labor Relations Authority
Gina Grippando, Staff Attorney, Office of Member Beck, Federal Labor Relations Authority

Mr. Abbott and Ms. Grippando will identify and address the top 10 errors made by practitioners when submitting appeals to the FLRA. You'll get authoritative guidance on how to avoid mistakes such as untimeliness, failure to comply with filing requirements, failure to target recognized statutory bases of appeal, and more.

Michael Bogdanow, Legal Liaison, Office of Regional Operations, Merit Systems Protection Board
Debra Roth, Partner, Shaw, Bransford, Veilleux & Roth, P.C.
Gary Wahlert, Senior Employee Relations Specialist, Office of Personnel Management

Over the past year, issues involving veterans, whistleblowers and probationary employees dominated the decisions issued by the Merit Systems Protection Board and the U.S. Court of Appeals for the Federal Circuit. Mr. Bogdanow and Ms. Roth will review the significant decisions over the past several months — and what they mean to you — with a focus on the rulings that modified prior holdings.

Chad Bungard, General Counsel, Merit Systems Protection Board
John Crum, Director, Office of Policy and Evaluation, Merit Systems Protection Board

ATY4: Tuesday, August 11  •  3:15 - 4:45 p.m.
ATY4-R: Wednesday, August 12  •  10 - 11:30 a.m.  REPEAT

Merit Systems Protection Board research has revealed that federal agencies are not making use of alternative discipline. In fact, many agencies aren’t even aware of the tools at their disposal. Mr. Bungard and Mr. Crum will discuss your available options, along with pitfalls to avoid. What's more, you'll get guidance on how to construct effective alternative discipline agreements. You'll leave this session with new strategies to avoid the costly litigation and irreparable damage to workplace morale that often stems from traditional discipline.

Teresa McGrane James, Director of Dispute Resolution, Office of Compliance, U.S. Congress
Barbara Sapin, Deputy Executive Director, Office of Compliance, U.S. Senate

ATY5: Tuesday, August 11  •  3:15 - 4:45 p.m.

The Congressional Accountability Act of 1995 has brought Congress under the same labor and employment laws as the rest of the federal sector. How do you effectively regulate a body that is diverse, politically vulnerable and, at the same time, responsible for agency oversight? The speakers will look specifically at recent decisions by the U.S. Court of Appeals for the Federal Circuit and the Board of Directors of the Office of Compliance.

Don't miss this popular two-part examination of federal sector EEO from both the analytical and "hands-on" perspectives. This fast-paced session will give you an overview of the EEO hearing process, plus demonstrate practical skills, including opening arguments, direct and cross examination, objections, proffers, the introduction of evidence, and closing arguments. You'll leave this mock hearing with guidance on each step of the process.

Lisa Bernstein, Attorney, Shaw, Bransford, Veilleux & Roth, P.C.
Representatives from the Merit Systems Protection Board:
            Laura M. Albornoz, Administrative Judge, Denver Field Office
            Michael Bogdanow, Legal Liaison, Office of Regional Operations
            Kelly Humphrey, Administrative Judge, Denver Field Office
            James Kasic, Administrative Judge, Denver Field Office
            Deborah Miron, Director of Regional Operations, Chief Administrative Judge
            Stephen Mish, Administrative Judge, Denver Field Office    

For many people, the MSPB hearing is a mystery. But it doesn't have to be. Here's your chance to observe an MSPB case from start to finish. This session will demonstrate practical aspects of the hearing, including objections, AJ rulings, direct and cross examination, and findings. You'll gain a firm understanding of how the MSPB hearing fits into the entire appeals process.

James T. Abbott, Chief Counsel to Member Thomas A. Beck, Federal Labor Relations Authority

ATY8: Wednesday, August 12  •   3 - 4:30 p.m.

The Federal Labor Relations Authority will most likely be very active over the next year. Get ready for all the new cases coming your way by getting up to date on trends in FLRA case law from the past twelve months, with an emphasis on changes, contrasts and trends that have resulted from changes made to the Board.

Adria Zeldin, Associate Legal Advisor, Department of Homeland Security/Immigration and Customs
    Enforcement

ATY9: Thursday, August 13  •  11:15 a.m. - 12:45 p.m.

How does attorney-client privilege operate in the context of federal sector employment law? Confusion abounds among attorneys and EEO professionals. This session will review case law and the legal standards that apply to the privilege, as well as the work product doctrine and the deliberative process privilege. Through real-life scenarios in the context of EEO litigation, Ms. Zeldin will present hypothetical situations to help you understand and better analyze the application of the privilege in federal government practice. This workshop is designed to satisfy most state's CLE ethics requirements.

Dexter Brooks, Director of Federal Sector Programs, Equal Employment Opportunity Commission
Delia Johnson, Director, Office of Civil Rights, International Broadcasting Bureau
Joel A. Kravetz, Administrative Judge, Washington Field Office, Equal Employment Opportunity
    Commission
Donald Names, Counsel, Office of Civilian Human Resources, Department of the Defense/Navy

EEO-P7: Monday, August 10  •  8 a.m. - 4:30 p.m.

Meets EEOC annual training requirements for EEO counselors and investigators.
This FDR favorite returns with another full day of EEO-related topics. This four-part workshop will cover a mixed bag of EEO topics including an EEO program update, effective use of special emphasis programs, managing amendment and consolidation issues, as well as a practical approach to reasonable accommodation.

Sam Vitaro, Labor Arbitrator/Mediator/Fact-Finder/Consultant and former Administrative Judge

EEO1: Tuesday, August 11  •  10 - 11:30 a.m.

An unprecedented number of harassment claims continue to flood the EEOC. Let's face it: Most federal supervisors and human resources professionals don't have a good handle on what constitutes harassment, or how to stop it. And it's not just sexual harassment. Other types of harassment are growing, even though they are often overlooked. Sam Vitaro, a former AJ with the EEOC and MSPB, will examine recent case law surrounding all kinds of harassment and provide practical guidance you can use to limit liability in your agency. You'll leave this session with tools for recognizing, preventing and responding to all harassment claims.

Donald J. Names, Counsel, Office of Civilian Human Resources, Department of Defense/Navy
Robert Woods, Office of General Counsel, Department of Defense/Navy

EEO2: Tuesday, August 11  •  10 - 11:30 a.m.
EEO2-R: Thursday, August 13  •  9:30 - 11 a.m.   REPEAT

Come test your knowledge and experience in this fast-paced and interactive session where you'll be challenged to work through several hypothetical scenarios based on EEOC decisions, guidance and court cases. Mr. Names and Mr. Woods will explore the range of accommodations in various situations, including the scope of duty to accommodate in light of the newly amended ADA. Plus, you'll get valuable tools to help you work through the interactive reasonable accommodation process.

Linda Batts, EEO Director, Department of the Treasury/Office of Comptroller of the Currency
Roslyn D. Brown, Strategic Human Capital & Public Policy Consultant
Pam Truchon, Senior Security Manager, Office of the Director of National Intelligence

EEO3-A: Tuesday, August 11  •  1 - 2:30 p.m.   [Part I]
EEO3-B: Tuesday, August 11  •  3:15 - 4:45 p.m.  [Part II]

EEO3-AR: Wednesday, August 12  •  1:15 - 2:45 p.m.   [Part I]  REPEAT
EEO3-BR: Wednesday, August 12  •  3 - 4:30 p.m.  [Part II]  REPEAT

Powerful demographic forces are reshaping the American workplace. And claims of hostile work environment increase when this critical mass collides with age-old bias in employment matters, indifference to workplace sensitivities, lack of employment etiquette and subtle incidents of micro-inequities. The brown-eyed/blue-eyed experiment in 1968 Iowa showed just how easily prejudice is learned. Then conversely, can bias be unlearned? Join three well-respected practitioners as they give you the practical tools you need to recognize and overcome these subtle biases.

Stephen Shih, Deputy Officer and Director for EEO & Diversity, Office for Civil Rights and Civil
    Liberties, Department of Homeland Security

EEO4: Tuesday, August 11  •  1 - 2:30 p.m.
EEO4-R: Thursday, August 13  •  11:15 a.m. - 12:45 p.m.   REPEAT

Mr. Shih will give you a comprehensive update on the most recent U.S. Supreme Court decisions that set the legal standard for analyzing retaliation claims. Plus, he'll examine significant EEOC rulings dealing with EEO retaliation under per se and disparate treatment theories, and discuss how agencies should implement policies, practices and training to avoid retaliation violations.

Jeanne Goldberg, Senior Attorney, Office of Legal Counsel, Equal Employment Opportunity
    Commission

EEO5: Tuesday, August 11  •  3:15 - 4:45 p.m.
EEO5-R: Wednesday, August 12  •  10 - 11:30 a.m.   REPEAT

Here's your opportunity to get authoritative guidance on the latest changes to the Americans with Disabilities Act — straight from the EEOC. Find out how the amended ADA has changed the definition of an individual with a disability, mitigating measures and more.

Junish Arora, Senior EEO Manager, Office for Civil Rights and Civil Liberties, Department of
    Homeland Security
Veronica Villalobos, Director, Office of Equal Opportunity, Equal Employment Opportunity Commission

EEO6: Wednesday, August 12  •  10 - 11:30 a.m.
EEO6-R: Thursday, August 13  •  9:30 - 11 a.m.  REPEAT

How healthy are your agency's recruitment, hiring, retention and leadership development plans and programs? Looking at the data that your agency collects is a start. But how do you take the next, more difficult step — using the data to create strategies? This session will provide innovative strategies to improve affirmative employment plans and address common weaknesses, including targeting recruitment campaigns for EEO groups with low participation rates, as well as examining employees' work records at regular intervals to determine promotion potential for mission-critical occupations as part of succession planning.

Steve Muir, Director, Labor and Employee Relations, Office of Human Resources, Department of the
    Treasury/Office of the Comptroller of the Currency
David Orr, Consultant/Trainer, Orr Consulting
Don Rider, Senior Associate, GRA, Inc.

HLE-P3: Monday, August 10  •   8 a.m. - 4:30 p.m.

Join three well-respected and experienced labor relations practitioners as they cover a brief history of federal LR and take a look at the future of the program under the Obama administration. Whether you're new to the field or just looking for a refresher, you'll leave this workshop knowing everything you need to become conversant about today's federal LR program — including the latest case law and changes in policy.

Barbara I. Haga, President, Federal HR Services, Inc.

HLE-P4: Monday, August 10  •   8 a.m. - 4:30 p.m.

One of FDR's most popular speakers, Barbara Haga, will dissect two crucial HR/management issues — conduct and performance deficiencies. Ms. Haga will examine the legal background and skills you need to effectively address poor performance and misconduct in your agency. Plus, you'll learn how to assemble a case file that contains all the information needed to present your case before an arbitrator or the MSPB.

Maria Price Detherage, Executive Director, Department of Health and Human Services/Office of
    Medicare Hearings and Appeals
Don Musacchio, Consultant, GRA, Inc.

Experienced labor relations staffs continue to dwindle, resulting in more federal employees getting involved in the labor negotiation process. It's not an easy process to jump into — whether you represent the agency or the union. This session provides a thorough introduction to the requirements for preparing and conducting contract negotiations in the federal sector. You'll explore everything from the federal bargaining environment to managing the bargaining process.

Eric Daniels, Assistant Director for Labor and Employment Law, Justice Management Division,
    Department of Justice
Melanie Jones, Senior Attorney, Justice Management Division, Department of Justice

This popular session is back to help you take and defend disciplinary and adverse actions more successfully. Mr. Daniels will survey the building blocks for putting together defensible charges, including the major categories of charges that agencies use, plus he'll provide guidance on how to avoid common charge drafting pitfalls.

Barbara I. Haga, President, Federal HR Services, Inc.

Regulations covering leave for illness and family care have become more complex over the years. And at one time or another, every supervisor is questioned about leave and/or employee absence from the workplace due to illness. Ms. Haga will take an in-depth look at sick leave and FMLA and describe the available options for dealing with the various types of leave abuse and excessive absence.

William L. Bransford, Partner, Shaw, Bransford, Veilleux & Roth, P.C.
Roz Kleeman, Chair, Coalition for Effective Change
Jessica Klement, Government Affairs Director, Federal Managers Association
Moderator: Mike Causey, Senior Correspondent, Federal News Radio

HLE4: Tuesday, August 11  •  3:15 - 4:45 p.m.

FERS flu … Outsourcing … Pay for performance … Whistleblower protection … These and other important initiatives on federal employee pay and benefits are being considered for significant changes by Congress. How will these potential new laws affect you? Hear from well-connected federal employee association and union legislative affairs representatives as they update you during this lively session moderated by Federal News Radio Senior Correspondent Mike Causey.

Shirine Moazed, Chief, Washington D.C. Field Office, Office of Special Counsel

Get a behind-the-scenes look at how the OSC's Investigative and Prosecution Division investigates prohibited personnel practice cases. What happens during the investigations? Which facts lead OSC to seek corrective or disciplinary action? Ms. Moazed will answer these questions and pinpoint the evidence that satisfies the elements of the particular prohibited personnel practice under review.

Don Rider, Senior Associate, GRA, Inc.

If you need to write and edit HR and EEO documents on a daily basis — including reports, final agency decisions, memoranda and disciplinary documents — then this session is for you. You'll learn simple strategies to help you determine if your drafts are too wordy, plus guidance to tighten up your writing. This hands-on session will also provide ideas for “punching up” documents and making them more reader-friendly.

John Crum, Director, Office of Policy and Evaluation, Merit Systems Protection Board

Wouldn't you like to have employees who are less inclined to resign, abuse sick leave and hinder positive results? Mr. Crum will discuss the recent MSPB report on employee engagement and detail specific actions you can take to boost employee involvement. With dwindling budgets and increased retirements, this is a session you can't afford to miss.

Daniel Robert Bell, Management Analyst, Program Support Center, Department of Health and
    Human Services

HLE8: Thursday, August 13  •  9:30 - 11 a.m.

“Past practice” is an often-used, but commonly misunderstood, term in Labor Management Relations. This session will introduce you to the various sections of the Federal Service Labor Management Relations Statute that encompass past practices. Mr. Bell will outline a basic approach for analyzing whether or not a past practice exists between parties and will give you a better understanding of how to evaluate if a particular scenario does — or does not — qualify as a binding past practice.

Dennis Dougherty, Commissioner, Federal Mediation & Conciliation Service
Eileen Hoffman, Commissioner/Projects Director, Federal Mediation & Conciliation Service

Are perceived generational differences in the workplace really just a result of poor communication? FMCS Commissioners Dougherty and Hoffman will show you how communication can solve many of the problems — real or perceived — of having four very different generations in the workplace. Discussion will be initiated through role-play and small group interaction as well as real-world scenarios. You'll go back to your office with solutions you can use right away, as well as a wealth of resources, including articles, Web sites and self-evaluations.

William J. Doherty, Assistant Director, Strategic Issues, Government Accountability Office
Anthony P. Lofaro, Assistant Director, Strategic Issues, Government Accountability Office

Change is sweeping through today's government, amplifying employee anxiety and leading to more workplace disputes. Find out how to improve your agency's overall resilience and avoid the resulting pitfalls of change. The speakers will explore the attributes and indicators of organizational resilience and thoroughly examine a case study on successful IRS practices. You'll discover proven strategies for addressing uncertainty and heightened anxiety to generate the speed and agility your agency needs to handle change.

Dr. Patricia Taylor, Chief, Intelligence Community Equal Employment Opportunity and Diversity, Office
    of the Director of National Intelligence

MGT2: Tuesday, August 11  •  10 - 11:30 a.m.
MGT2-R: Wednesday, August 12  •  1:15 - 2:45 p.m.  REPEAT

Not everyone who works together shares the same personality. Nor do everyone's personalities mix well. This can cause uncomfortable situations that impact morale and grow into big disputes — costing your agency time and money. Through case studies, Dr. Taylor will help you identify interpersonal problems in your agency, plus provide strategies to address them. You'll go back to your agency with tools for building working relationships with all personality types — ensuring a strong, productive and positive team environment.

Glenn McIntyre, Trainer/Consultant, McIntyre & Associates

MGT3: Tuesday, August 11  •  1 - 2:30 p.m.

Are you confident with your knowledge and application of the ADA to workplace disability issues? In this session, you'll learn the importance of recruiting, hiring and retaining qualified individuals with disabilities as well as techniques for complying with MD-715. In a fun and interactive way — including a live service dog demonstration — Mr. McIntyre will offer a brief overview the Rehabilitation Act and the ADA, plus give you the motivation, education and confidence to successfully work with all individuals with disabilities.

Steve Muir, Director, Labor and Employee Relations, Office of Human Resources, Department of the
    Treasury/Office of the Comptroller of the Currency

An estimated 25 million employees have some form of telecommuting work arrangement. And in the federal workplace, the numbers continue to grow. Mr. Muir will show you how to overcome common telework/flexiplace challenges including productivity expectations, document security, maintaining team effectiveness, technology barriers, leave administration and OWCP.

Paul Michael Brown, Senior Counsel, Department of Justice
Debra Roth, Partner, Shaw, Bransford, Veilleux & Roth, P.C.

MGT5: Tuesday, August 11  •  3:15 - 4:45 p.m.
MGT5-R: Wednesday, August 12  •  3 - 4:30 p.m.   REPEAT

Could you be held personally liable for your actions as a federal employee? You sure can. Constitutional and state tort laws, as well as federal statutes, can hold you responsible. You may be subject to administrative and disciplinary action if you are the responsible management official against whom there is a finding of EEO discrimination resulting from a subordinate’s EEO complaint, and for taking unsustainable disciplinary actions against subordinates. Learn how to secure Department of Justice counsel if you are sued, plus gain strategies to reduce your personal liability and your exposure to an administrative disciplinary action for doing your job.

Dinah Cohen, Director, Department of Defense Computer/Electronic Accommodations Program
Sharon Terrell-Lindsay, Program Analyst, Department of Defense Computer/Electronic
    Accommodations Program

MGT6: Wednesday, August 12  •  10 - 11:30 a.m.
MGT6-R: Thursday, August 13  •  11:15 a.m. - 12:45 p.m.   REPEAT

Once an employee requests assistive technology as an accommodation for a disability, it's critical that you conduct a needs assessment to ensure that appropriate assistive technology tools are identified. But where do you start? Ms. Cohen and Ms. Terrell-Lindsay will cover the entire needs assessment process — identifying the elements of the job, looking at the situation with objectivity and sensitivity, and coordinating your solution with all the necessary entities.

Gary Wahlert, Senior Employee Relations Specialist, Office of Personnel Management

MGT7: Thursday, August 13  •  9:30 - 11 a.m.

Suitability determinations are the first line of defense against an inefficient workforce. Are you up to speed on the latest developments affecting suitability and fitness? Do you know about the Executive Order requiring reinvestigations of public trust positions? And what about the latest OPM regulations? Mr. Wahlert will discuss the scope of agencies' authorities and responsibilities in the process and the relationship of suitability to the disciplinary process.

Ana Galindo-Marrone, Chief, Hatch Act Unit, Office of Special Counsel

MGT8: Thursday, August 13  •  9:30 - 11 a.m.

It's much easier for employees to inadvertently violate the today than 25 years ago. Now employees get hundreds of e-mails each day and log into their personal e-mail accounts at work. The use of social networking sites like Facebook, and the desire for employees to express their support for candidates — even post-election — create additional challenges. And as expected, the most recent political season led to a spike in Hatch Act claims. The OSC's Ana Galinda-Marrone will review complaints and provide tips for you and your agency to avoid falling into the traps that today's culture brings.