Prepare, bargain, and close labor contracts while avoiding costly ULP traps.
Too many employers treat collective bargaining as something that happens at the table--and learn the hard way that outcomes are largely determined before anyone sits down, and that a single misstep can hand the union a meritorious unfair labor practice charge. Negotiators routinely overstate their right to implement terms after impasse, misjudge when a deadlock has actually been reached, and lose a hard-won economic strike into a ULP strike. This presentation gives management-side professionals and labor relations leaders practical guidance on how to prepare so the contract is won before the first session, how to maintain discipline at the table and build a clean bargaining record, how leverage and impasse really work, and how to close a deal you can administer and maintain for the next three to five years. Attendees will leave able to spot the recurring legal traps before they spring--and to bargain hard while staying firmly on the right side of the Act.
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Why Lorman?
Over 39 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
The Legal Floor: Good Faith, Subjects, and Information
- The Duty to Bargain in Good Faith Under NLRA §§ 8(a)(5) and 8(D)-What It Does Not (No Duty to Concede or to Reach Agreement)
- The Three Categories of Bargaining Subjects-Mandatory, Permissive, and Illegal-and Why the Distinction Drives Tactics
- The Duty to Furnish Information: Presumptive Relevance for Unit Data Versus the Relevance Burden for Everything Else
Preparation: Where Contracts Are Actually Won
- Logistics Matters... and It Doesn't-Who, Where, and When
- Building and Disciplining the Bargaining Team: Chief Negotiator, Single Spokesperson, Dedicated Note-Taker, Defined Authority Levels
- Costing out Every Proposal in Total-Compensation Terms, Not Just the Wage Line
- Auditing the Expiring Agreement: Grievance History, Problem Clauses, and Past-Practice Exposure
- Goal Architecture: Must-Haves, Trade Bait, Settlement Range, and a Pre-Agreed Walk-Away Point
At the Table: Craft, Discipline, and the Record
- One Voice: Spokesperson Discipline and Caucus Management
- Package Proposals Versus Piecemeal Concessions
- Tentative-Agreement Management-"Nothing Is Agreed Until Everything Is Agreed"
- Bargaining Notes as the Contemporaneous Record the Board Reads to Judge Good Faith
Leverage, Impasse, and Economic Weapons
- What Legally Constitutes a Good-Faith Impasse-and How Fragile It Is
- Post-Impasse Implementation: Limited to Terms Reasonably Comprehended Within Pre-Impasse Proposals
- Employer and Union Economic Tools-and the Economic-Strike Versus Ulp-Strike Replacement Distinction
- Common Ulp Pitfalls: Surface Bargaining, Direct Dealing, Unlawful Unilateral Change
Special Contexts and Closing the Deal
- First-Contract Dynamics and Successorship-Including the "Perfectly Clear" Successor Trap
- The Shining Recognition-Demand Landscape After Recent Circuit Decisions on the Board's Cemex Framework
- Ratification Mechanics, Memorializing Tentative Agreements, and the Handoff to the Contract Administration
- Running a Post-Mortem to Prepare for the Next Round
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Why Lorman?
Over 39 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on July 30, 2026.
Call 1-866-352-9540 for further credit information.
- ASA 1.0
- This program may qualify for 1.0 continuing education hour(s) towards maintaining your ASA credential. Please contact ASA for more information at [email protected]. Please retain proof of attendance in the event your CE record is audited.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hour(s) of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.1
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hour(s) credit.
- AR CLE 1.0
- This course has been approved for 1.0 hour(s) of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services/Noggin Guru for auditing purposes. This activity may qualify for up to 1.0 hour(s) toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Education Services/Noggin Guru is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hour(s) of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hour(s).
- HI CLE 1.0
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hour(s).
- IL CLE 1.0
- This course was approved for a total of 1.0 hour(s) of MCLE Credit by the Illinois MCLE Board.
- IN CLE 1.1
- This program has been approved by the Indiana Commission on Continuing Legal Education. Participating attorneys are eligible to receive up to 1.1 hour(s) of Distance Education credit.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- ND CLE 1.0
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hour(s) of CLE credit.
- NH MCLE 1.0
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services/Noggin Guru believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 64 Minutes.
- NJ CLE 1.2
- This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.2 hour(s) of total CLE credit.
- NM CLE 1.0
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hour(s) of credit.
- NV CLE 1.0
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hour(s).
- NY CLE 1.0 including Areas of Professional Practice 1
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hour(s) in the area(s) of Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Education- Noggin Guru, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- OH CLE 1.0
- This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 1.0 CLE credit hour(s). To fulfill CLE requirements for self-study, web-based programs, you must complete 100% of the polling questions during the program. Your hours will be filed electronically within thirty (30) business days by Lorman Education Services provided you fulfilled 100% attendance and polling questions answered.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hour(s) of substantive law, practice and procedure CLE credit.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WI CLE 1.0
- This program qualifies for 1.0 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
- WV MCLE 1.3
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hour(s).
HR Certification Institute 1.0
- This E-Learning program has been pre-approved for 1.0 (General) recertification credit hours toward aPHR®, aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM), and SPHRi(TM) recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
SHRM 1.0
- Lorman Education Services/Noggin Guru Inc. is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.0 PDC(s) for the SHRM-CP or SHRM-SCP.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
- Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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- AK CLE 1.0
- Arizona CLE 1.0
- CA MCLE 1.0
- CT CLE 1.0
- HI CLE 1.0
- MO CLE 1.3
- NM CLE 1.0
- VT CLE 1.0
- WV MCLE 1.3
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 39 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Laura Leahy
Amundson Davis
- Labor and employment attorney with experience spanning complex litigation, public sector advocacy, and executive legal leadership
- Built and managed the in-house legal department for one of the largest public-sector unions in the Midwest
- 10+ years of experience as a former criminal prosecutor with extensive trial experience and a reputation for meticulous preparation, courtroom confidence, and strategic judgment
- Known for combining strong advocacy with empathy, enabling deep client relationships and effective, proactive legal solutions
- Experienced in labor relations, including negotiating multi-million-dollar collective bargaining agreements and building/managing a legal department
- Advises clients on employment litigation and compliance matters such as workplace investigations, discrimination, wage disputes, and workplace protection strategies
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Why Lorman?
Over 39 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
All of your training, right here at Lorman.
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