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March 2, 2018
8:30 AM - 4:30 PM
Time Details:
Registration begins at 7:30 AM
Drury Lane Theater and Conference Center
100 Drury Lane
Oak Brook Terrace, IL 60181
2018 ELS Brochure
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Handouts Available 2/26/18 for 2018 Public Sector Employment Law Seminar #ILELS18

Friday, March 2, 2018

Be sure to use #ILELS18 in your conversations on Twitter & Facebook!


Conducted By:  Clark Baird Smith LLP

Guest Presenters:  Arbitrator Barry Simon; FMCS Regional Director David Born; ILRB State Panel Chair John Hartnett

(Registration is now closed)

(Note:  Seminar materials are available electronically only -- and will not be distributed at the seminar)

To access material via this webpage
Just click on the items in the lists below, and your document will appear in a separate window for printing/downloading.  The Session Handouts accessed through this page are password protected ... the password (which is the same for all handouts) will be distributed to all participants VIA EMAIL on February 26, 2018.

If you have misplaced the password, please contact Debi Stensland at

To access material via Guidebook
Get the app on your phone:  Visit from your phone's browser.  OR, go to the app store on your device and search for Guidebook.  Follow the instructions to install the app on your phone.  Once the app is installed, enter the code that was sent to all participants VIA EMAIL on February 26, 2018 to get the Guide for IPELRA's 2018 ELS.

To access the Guide via computer or tablet:  Go to, and enter the code.

If you have misplaced the code, please contact Debi Stensland at

PLEASE NOTE THAT MATERIAL IS BEING ADDED ON A DAILY BASIS -- If the handout you need isn't linked yet, please check back!  Everything listed below will eventually be posted.


General Information (including Continuing Education)
Final Agenda
Menus for the Day
Live Polling Instructions:  Go to:; enter code:  CBS2018
List of Attendees
Connect with IPELRA on Social Media
2018 Training Calendar
Brochure for 4/5/18 Interest Based Bargaining Workshop 
Flyer for 8/16/18 Supervisory Training
Flyer for the 7/18/18 Leadership Training 
Speaker Info/Bios

SESSION HANDOUTS (password protected -- see above)

Plenary Sessions:

Breakout Sessions:

Please join us for this amazing, all day training session conducted by Clark Baird Smith LLP. 

Featuring the Following Plenary Sessions:
Free HR Services from FMCS – The Federal Mediation and Conciliation Service offers several free services in the labor relations arena which may be of interest to public employers. FMCS Regional Director David Born will inform you what the FMCS can do for you – for free.

If You Were the Arbitrator, How Would You Rule? -- Illinois Arbitrator Barry Simon, a long-time member of the National Academy of Arbitrators, will offer insights and analysis during this interactive session, in which attendees are given the facts of such pressing grievance arbitration issues as: pre-hearing discovery, “packing” the hearing, discipline for off-duty conduct, and more. CBS attorneys will present a short oral argument on each case, attendees can vote on how they would rule and Arbitrator Simon will give his award and reasoning. Arbitrator Simon will also participate in the Interest Arbitration breakout sessions.

What’s New from the ILRBJohn Hartnett, Chairman of the Illinois Labor Relations Board State Panel (and former IPELRA Board Member), will bring us up-to-date on important recent decisions and pressing legal issues about to impact Illinois public employers.

Collective Bargaining Trends and IssuesBob Smith’s review of recent Illinois and National public sector collective bargaining trends and issues.

… And, your choice of two breakout sessions:

Each registrant plans a unique curriculum by selecting two unique breakout sessions. Registrants are then assigned to one breakout class in the morning, and the other in the afternoon.

  • Start to Finish: Workers’ Comp, PEDA, Pension, and PSEBA - This is a two-part session, with one session during the morning breakouts and one during the afternoon breakouts. The sessions are related, yet not interdependent, so registrants are welcome to sign up for one or both parts. This advanced, two-part program utilizes a scenario concerning a public safety employee with on duty and off duty medical and disciplinary issues, and will consider how those issues impact the employee and the employer – if the employee continues to work for the employer and/or is ultimately separated from employment.
    • Part I, Morning Session Only – In Part I, the presenters will analyze and discuss best practices (and potential pitfalls) in handling this scenario from the notice to the employer, coordination of workers’ compensation processing, and the employer’s investigation … as well as a discussion of sending the employee for an IME/fitness for duty and/or assessing any disciplinary issues.
    • Part II, Afternoon Session Only – In Part II, the presentation will track the same employee’s application for Public Employer Disability Benefits, a line of duty or non-duty disability pension, and potential application for Public Safety Employee Benefits Protection Act benefits … as well as how, when and why a public employer may seek to intervene and/or respond to protect its rights.
  • So You Are the Witness: Everything You Want to Know (and Maybe Some Things You Don’t) About Providing Testimony – Testifying during a deposition, arbitration or Labor Board hearing, trial, or at any other sort of legal proceeding can be a stressful and anxiety-ridden experience, but we are here to help! This session will walk you through the basics of testifying under oath and will provide you with a general background of rules and applicable laws. We will also discuss how to prepare to provide testimony and why sound preparation is a critical part of any case. Finally, we’ll give you several tips and tricks for dealing with the actual hearing, including what to expect, how to successfully answer questions, and (most importantly) what not to do as a witness.
  • Interest Arbitration – Latest Awards, Key Trends and Some Important Warning Signs – The number of published interest arbitration awards in Illinois is up from last year, but the economic picture continues to be exceedingly uncertain. Is the uncertain economy the reason for the up-tick in published interest arbitration awards – or, is something else at play? How are arbitrators deciding disputes over wages, insurance and other key bargaining issues, and why are they making such decisions? Also, what are the pros and cons of the “Agreed Award” process and why is the use of that process apparently growing? These and other important questions will be tackled by Arbitrator Barry Simon, who will join our panel for both the morning and afternoon sessions as they review recent arbitration awards and respond to questions from the floor.
  • Key Advanced Collective Bargaining Issues – This session is for the more experienced negotiator or bargaining team member. The presentation will zero in on the following key bargaining issues: (1) Ground Rules; (2) union-provided insurance; (3) compensatory time off; (4) sick leave abuse; (5) sick leave buy-back; and (6) mid-term bargaining over impact and effects, including language to help limit such requests.
  • EEO Update: Reports From the Long & Winding Road Toward Compliance – Just when you think you have your HR “house” in order with EEO issues, the federal and state legislatures, agencies and courts inevitably make changes. Come learn about the latest landmines on the never-ending road to legal compliance in this comprehensive review of EEO developments at the federal and state level. Among other things, this session will address the watershed Severson decision and its impact on an employer’s obligation to provide extended leaves of absence. This session also will examine developments pertaining to sexual harassment and gender discrimination, and increased threats arising out of other protected statutes, such as military service status. Attendees will increase their understanding of the legal risks involved with certain actions, and gain guidance for refining policies and procedures in order to avoid future legal claims by disgruntled employees and job applicants.
  • Not Just Another Four-Letter Word: FLSA Compliance in 2018 – More than 8,000 lawsuits were filed last year alleging violations of the Fair Labor Standards Act. That shocking number does not even include state court lawsuits under the Wage Payment and Collection Act or Illinois Minimum Wage Law. This breakout session will focus on wage-hour compliance issues, including issues unique to the public sector, to help prevent your jurisdiction from becoming a part of those statistics. Issues discussed will include pay for attendance at the police and fire academy and similar training opportunities, at-home work, calculation of longevity and other stipends in the overtime rate of pay, and an update on the status of the proposed Department of Labor FLSA regulations.

This seminar is eligible for up to 6.0 hours of CLE credit for attorneys.
Approved for 6.0 HRCI recertification credits

  • R. Theodore Clark, Jr.
  • James Baird
  • Robert J. Smith, Jr.
  • Jill D. Leka
  • Yvette A. Heintzelman
  • James Powers
  • Benjamin Gehrt
  • Abigail Rogers
  • Paul Denham
  • Roxana Underwood
  • Kelly Coyle