Roger Payne, C-33 S/T

Cell Phone: 662-255-2332

Fax:  870-630-0884
Email: Cpl33nst@aol.com

–TITLE V-SAFEGUARDS FOR LABOR ORGANIZATIONS

Fiduciary Responsibility of Officers of Labor Organizations

(29 U.S.C. 501)

SEC. 501. (a) The officers, agents, shop stewards, and other representatives of a labor organization occupy positions of trust in relation to such organization and its members as a group. It is, therefore, the duty of each such person, taking into account the special problems and functions of a labor organization, to hold its money and property solely for the benefit of the organization and its members and to manage, invest, and expend the same in accordance with its constitution and bylaws and any resolutions of the governing bodies adopted thereunder, to refrain from dealing with such organization as an adverse party or in behalf of an adverse party in any matter connected with his duties and from holding or acquiring any pecuniary or personal interest which conflicts with the interests of such organization, and to account to the organization for any profit received by him in whatever capacity in connection with transactions conducted by him or under his direction on behalf of the organization. A general exculpatory provision in the constitution and bylaws of such a labor organization or a general exculpatory resolution of a governing body purporting to relieve any such person of liability for breach of the duties declared by this section shall be void as against public policy.

(b) When any officer, agent, shop steward, or representative of any labor organization is alleged to have violated the duties declared in subsection (a) and the labor organization or its governing board or officers refuse or fail to sue or recover damages or secure an accounting or other appropriate relief within a reasonable time after being requested to do so by any member of the labor organization, such member may sue such officer, agent, shop steward, or representative in any district court of the United States or in any State court of competent jurisdiction to recover damages or secure an accounting or other appropriate relief for the benefit of the labor organization. No such proceeding shall be brought except upon leave of the court obtained upon verified application and for good cause shown which application may be made ex parte. The trial judge may allot a reasonable part of the recovery in any action under this subsection to pay the fees of counsel prosecuting the suit at the instance of the member of the labor organization and to compensate such member for any expenses necessarily paid or incurred by him in connection with the litigation.

(c) Any person who embezzles, steals, or unlawfully and willfully abstracts or converts to his own use, or the use of another, any of the moneys, funds, securities, property, or other assets of a labor organization of which he is an officer, or by which he is employed, directly or indirectly, shall be fined not more than $10,000 or imprisoned for not more than five years, or both.

National Labor College Treasurer Training Dates

JANUARY

17-22 — LBST-3901 Arbitration Preparation and Presentation Level I. Any union advocate knows how vital it is to possess sharp skills during an arbitration hearing. Suitable for all levels, this demanding class will help develop the skills of the novice and hone the skills of the experienced advocate. Students will analyze a sample disciplinary case involving “Just Cause” and will practice direct and cross-examination, as well as opening statements in a workshop setting; students will also discuss closing arguments. At the end of the week, students will participate in full-scale mock arbitrations before certified arbitrators, and will receive additional constructive critiques from the arbitrators. Discussions include the relationship of arbitration to the grievance procedure, as well as strategies to avoid arbitration. (Participants with less than three years of grievance handling experience must talk to the instructor prior to registering-3 semester credits) OFFERED: Jan 17-22, Apr 25-30, Jun 20-25 & Sep 19-24, 2010.

17-22 — LBUS-3906 Contract Negotiations: Private Sector. Contract Negotiations in the Private Sector. The unique challenges posed by private sector contract negotiations will be explored fully in this course. This course explores the role of the chief negotiator, from preparing initial proposals to ratifying a contract. Developing committee work and record-keeping procedures; the use of economic data in bargaining; the design of a bargaining campaign; and preparing for and directing the ratification process will also be covered. A highly effective part of the course is a tough bargaining exercise designed to help participants effectively weigh negotiating strategies and tactics. (2 semester credits). OFFERED: Jan 17-22 & Oct 24-29, 2010.

FEBRUARY

7-12 — LBUS-3918 Organizing in the Construction Industry: Level One. This course offers a comprehensive overview of organizing issues related to the construction industry, and offers concrete strategies aimed at promoting organizing throughout the industry. In addition to concentrating on issues related to workforce organizing- identifying, contacting, and communicating directly with unrepresented workers - participants will also review the evolution of construction organizing, the use of top down and bottom-up tactics, and basic labor law. Participants will learn how to identify leaders and build both employer-based and industry wide worker committees. One-on-one skills, overall communications strategies, framing issues, and motivating workers will also be addressed in this program. (2 semesters credits). OFFERED: Feb 7-12, Jun 6-11 & Oct 17-22, 2010.

14-19 — LBUS-3501 Secretary-Treasurers LM2 Requirements. If you are the Secretary-Treasurer of a local that has an income of $250,000 or more, the rules for collecting, analyzing and filing your union’s LM-2 Labor Department Annual Report are drastically more complex than ever before. Remember, the new rules aren’t just related to new information on the form itself; you must also file your new LMN-2 electronically. This four (4) day workshop is designed to provide you with the effective tools to accomplish this filing. The class is hands-on, in the computer lab, designed to assist you in developing proficiency with Quick Books as it relates to the new LM-2 “Informational Requirements.” The workshop material will provide you with an excellent understanding of all the new requirements and will help you to successfully complete the LM-2 Form for your local. (3 semester credits). OFFERED: Feb 14-19 & Sep 19-24, 2010.

21-26 — LBUS-3909 Labor Law in the Construction Industry. For the construction industry, federal labor laws include special provisions. To manage risk effectively, union leaders and staff in the construction industry must be familiar with the legal framework. This course will enable participants to identify union action that can be taken independently; that require legal assistance; or that should be avoided entirely. Topics that will be covered include paths to recognition, including salting; trigger agreements and other innovations; bargaining, including pre-hire and project agreements, multi-employer units and corporate change; traditional and nontraditional pressures, from strikes to corporate campaigns; and preventive maintenance and pro-active planning (3 semester credits). OFFERED: Feb 21-26, 2010.

21-26 — LBUS-3915 Organizing I. Through role-play and discussion, participants will refine their skills and expand their knowledge about organizing. This is an ideal course for staff new to organizing, as well as those who want to learn more about the latest strategies to grow their union. Participants will examine a typical local union campaign in the private sector from start to finish. Students will learn about one-on-one communications, develop a workplace committee, and explore campaign strategies. Employer antiunion campaigns, legal strategies, and planning skills will also be emphasized. (2 semester credits). OFFERED: Feb 21-26 & Sep 19-24, 2010.

21-26 — LBED-3402 Teaching Techniques I. LBED-3402: Teaching Techniques I. With an ever-present need for renewed activism and broader involvement among the rank-and-file, membership education is a top priority of today’s unions. This introductory course - ideal for union staff members who teach at conferences, workshops, or other educational settings - covers a broad range of education skills, from planning a time-sensitive teaching outline to conducting an effective class. Since most adults learn better when actively involved, this class will stress participation techniques. Practice teaching is a key component of the course, and during these sessions, guidance and feedback by a skilled labor educator will be offered. (3 semester credits). OFFERED: Feb 21-26 & Oct 17-22, 2010.

MARCH

14-19 — LBUS-3202-Media and Communication Skills for Union Activists: Getting Our Message Out. This course is a "must" for union leaders and communicators who need to mobilize support for union campaigns. Participants will learn how to craft positive campaign messages that resonate with union members, community groups and the media and how to pitch stories, talk to reporters and stage dynamic and effective press events. Students will also learn how to strengthen their unions internally by communicating more effectively with union staff, leaders and members. Basic skills for producing clear, consistent and persuasive union materials will be covered. (2 semester credits)

14-18 — LBUS-3921 Strategic Bargaining and Organizing Campaigns*. How can unions be more effective in getting a good contract? This class examines how the union can maximize its strength away from the bargaining table and the Labor Board. Points of discussion will include expanding member participation in the bargaining process; enlisting public support; developing innovative campaign strategies; and devising tactics to negotiate a collective bargaining agreement, even with a powerful employer. This class will not cover table tactics and applicable law, which will be covered in Negotiations Strategy and Tactics, given in September. (2 semester credits) $522*

19-20 — LBUS-3044 Developing a Media and Communications Strategy*. This course will help students develop the strategic communications skills they need to win campaigns and build stronger unions in today's digital world. Students will learn to incorporate communications into campaign strategy and planning, to target key audiences and stakeholders, craft positive campaign messages, work with the media, stage dynamic press events, and utilize various forms of communications to reach different audiences. Coursework will focus on the real-life campaigns and challenges that students face in their own organizations. Assignments will be designed so that students learn to produce persuasive campaign materials that can be used in actual campaigns. (1 semester credit) $261*

APRIL

5-9 — LBUS-3910 Labor Relations in the Federal Sector. LBUS-3910: Labor Relations in the Federal Sector. Union leaders and staff who work with the federal sector face unique challenges and situations. This course, taught by labor professionals, will provide an overview of issues related to the representation of federal sector workers, including federal labor history, collective bargaining, contract enforcement, worker’s compensation, and building solidarity. (2 semester credits). OFFERED: Apr 5-9 and Nov 29-Dec 3, 2010.

11-16 — LBUS-3923 Strategic Planning for Construction Organizing: Level Two. LBUS-3923: Strategic Planning for Construction Organizing Level II. Intended to help union locals and building trades councils maximize the effectiveness of their organizing activities and to promote the efficient use of union resources, this course offers a step-by-step plan for developing and applying a comprehensive strategy. Specifically, participants will review basic concepts of planning, strategic targeting, conducting a power analysis, and strategic research for construction organizing. Participants will take part in a series of interactive, small-group exercises centered on a realistic case study. This course is designed for building trades union officers, agents, experienced organizers, or those who have attended Organizing in the Construction Industry Level I. (2 semester credits). OFFERED: Apr 11–16, Jul 11-16 & Dec 5-10, 2010.

11-16 — LBUS-3605 New Union Staff. This course is designed for those who have recently been appointed or elected to a full-time union staff position. The course will focus on developing personal skills and critical thinking needed to function effectively in the many different roles of a union staff member. The course will also help to improve planning skills needed to manage contract negotiations, organize campaigns, and run a local union. For a better overall understanding of the new staff member’s role, the basic structure, operation, and goals of the U.S. labor movement will be presented. Staff members from a number of different unions in attendance will enrich the discussions, presentations, exercises, class participation, and feedback (2 semester credits). OFFERED: Apr 11-16 & Oct 10-15, 2010.

25-30 — LBST-3901 Arbitration Prep and Presentation Level I. Any union advocate knows how vital it is to possess sharp skills during an arbitration hearing. Suitable for all levels, this demanding class will help develop the skills of the novice and hone the skills of the experienced advocate. Students will analyze a sample disciplinary case involving “Just Cause” and will practice direct and cross-examination, as well as opening statements in a workshop setting; students will also discuss closing arguments. At the end of the week, students will participate in full-scale mock arbitrations before certified arbitrators, and will receive additional constructive critiques from the arbitrators. Discussions include the relationship of arbitration to the grievance procedure, as well as strategies to avoid arbitration. (Participants with less than three years of grievance handling experience must talk to the instructor prior to registering-3 semester credits) OFFERED: Jan 17-22, Apr 25-30, Jun 20-25 & Sep 19-24, 2010.

MAY

2-7 — LBUS-3912 Negotiating and Writing Contract Language. Participants in this course will learn how to develop effective bargaining strategy and how to write contract language. Participants will learn the “how-to’s” of writing contract language: defining and analyzing issues, developing proposals, and writing the actual language. In addition, particular kinds of contract language will be examined. Throughout the week, participants will work on a number of case studies. NOTE: Prior to enrolling in this course, it is strongly recommended that participants have experience as a member of a union negotiating committee. (2 semester credits). OFFERED: May 2-7 and Nov 7-12, 2010.

9-13 — LBUS-3065 Workers’ Rights – Advanced Grievance Handling*. Students will gain a general understanding of workers’ rights by researching employment laws, including discrimination, sexual harassment, Family and Medical Leave Act, Fair Labor Standards Act, OSHA, wage theft, and other laws. This course will enable student to think strategically about the best ways to resolve legal problems, including using the union contract and involving members and community allies. (2 semester credits) $522*

16-20 — LBUA-3100 Union Leadership, Administration and Member Organizing*. This class looks at 21st century union leadership strategies and challenges. Students discuss the current state of labor, examine challenges to organizing, and explore opportunities for building strength for members, using strategic analysis to develop plans of action. The course will also focus on member organizing and how to find and develop more leaders within locals. (2 semester credits) $522*

16-21 — LBUS-3092 Closing the Deal. Closing the Deal: A New Approach to Expanding the Unionized Construction Industry in the 21st Century. The unionized construction industry has a distinct need for market development efforts that are designed to accomplish two (2) critical objectives: Supplement our “top down” organizing efforts to increase market share by articulating to owners and contractors the compelling and authentic “new story” of unionized construction labor in the 21st century, and address the skilled workforce issue in the construction industry by enticing a new generation of young Americans to consider a career as a skilled crafts person in the union construction industry. These two objectives are connected. This course will cover market analysis; conducting a meeting with a contractor; quantifying the union advantage; internal obstacles to effective organizing; effective communications; and market recovery strategies. This course will serve as the foundation for multi-trade initiatives that will target specific localities across the country with the purpose of reaching out and establishing relationships with contractors, owners, and non-union skilled crafts people in that particular area. (2 semester credits). OFFERED: May 16-21 & Sep 19-24, 2010.

16-21 — LBUS-3080 Strategic Grievance Handling. Strategic Grievance Handling. Much grievance handling is done in “servicing” mode without involving members or contributing to the organizational strength of the union. This class, which is suitable for beginning stewards as well as experienced union representatives, focuses on using grievances to build the union. Its goal is for students to leave with revitalized organizing plans and skills to address current issues and to involve members in the daily life of the union. Working with the actual problems students bring to class, students will analyze both relevant contract and legal rights, and the strategic and organizational issues presented. Students will then explore how the problems can be used to build member involvement and union power by applying listening skills, surveying, mapping, charting, and campaign strategies. Particular emphasis is placed on developing concerted activities with members. Optional evening sessions are provided for those who need information about the basic legal rights of stewards. NOTE: Related courses include Arbitration Preparation & Presentation Levels I and II; Arbitration Brief Writing & Closing Arguments. (2 semester credits). OFFERED: May 16-21, 2010.

16-21 — LBUS-3913 Negotiating Contracts w/State & Local Governments. Union officers and staff who negotiate labor agreements with the state, county, and local governments will benefit from this course, which explores the role of a chief negotiator at different parts of the bargaining process. Specifically, participants will scrutinize the preparation and design of initial proposals; the development of committee work and record-keeping procedures; the structure and function of opening statements; economic bargaining; and preparation and directions of the ratification process. A highly experienced union negotiator will walk participants through a tough municipal bargaining exercise aimed at encouraging the students to weigh negotiating strategies and tactics. NOTE: Federal sector negotiations will not be addressed in this course. (2 semester credits). OFFERED: May 16-21 2010.

JUNE

6-11 — LBUS-3918 Organizing in the Construction Industry: Level One. This course offers a comprehensive overview of organizing issues related to the construction industry, and offers concrete strategies aimed at promoting organizing throughout the industry. In addition to concentrating on issues related to workforce organizing - identifying, contacting, and communicating directly with unrepresented workers - participants will also review the evolution of construction organizing, the use of top down and bottom-up tactics, and basic labor law. Specifically, participants will learn how to identify leaders and build both employer-based and industry wide worker committees. One-on-one skills, overall communications strategies, framing issues, and motivating workers will also be addressed in this program. (2 semesters credits). OFFERED: Feb 7-12, Jun 6-11 & Oct 17-22, 2010.

20-25 — LBST-3901 Arbitration Preparation and Presentation Level I. Any union advocate knows how vital it is to possess sharp skills during an arbitration hearing. Suitable for all levels, this demanding class will help develop the skills of the novice and hone the skills of the experienced advocate. Students will analyze a sample disciplinary case involving “Just Cause” and will practice direct and cross-examination, as well as opening statements in a workshop setting; students will also discuss closing arguments. At the end of the week, students will participate in full-scale mock arbitrations before certified arbitrators, and will receive additional constructive critiques from the arbitrators. Discussions include the relationship of arbitration to the grievance procedure, as well as strategies to avoid arbitration. (Participants with less than three years of grievance handling experience must talk to the instructor prior to registering-3 semester credits) OFFERED: Jan 17-22, Apr 25-30, Jun 20-25 & Sep 19-24, 2010.

20-25 — LBUS-3500 Secretary-Treasurers Total Solution. The Secretary Treasurer’s Total Solution. This five (5) day course is designed to provide the Secretary-Treasurer with the tools for effective management of member and local funds and compliance with all regulatory requirements of the IRS and DOL. The workshop is a hands-on computer course designed to assist the student in developing proficiency with Quick Books as it relates to the union environment. The workshop also includes discussion of LM-2 requirements. (3 semester credits). OFFERED: Jun 20-25 & Oct 24-29, 2010.

20-25 — LBUS-3916 Organizing II. This course, focusing on the private sector, is designed for those who have completed Organizing I, who have comparable organizing experience, or who will assume (or have assumed) greater organizing responsibilities. Specific elements include recruiting and training of union members in the organizing process; leader development; corporate campaign research; legal strategies; database/reporting procedures; campaign issues and theme development; community involvement; campaign planning; and progress analysis. (2 semester credits). OFFERED: Jun 20-25, 2010.

JULY

11-16 — NLC Leadership Institute — tentative.

11-16 — LBUS-3923: Strategic Planning for Construction Organizing Level II. Intended to help union locals and building trades councils maximize the effectiveness of their organizing activities and to promote the efficient use of union resources, this course offers a step-by-step plan for developing and applying a comprehensive strategy. Specifically, participants will review basic concepts of planning, strategic targeting, conducting a power analysis, and strategic research for construction organizing. Participants will take part in a series of interactive, small-group exercises centered on a realistic case study. This course is designed for building trades union officers, agents, experienced organizers, or those who have attended Organizing in the Construction Industry Level I. (2 semester credits). OFFERED: Apr 11–16, Jul 11-16 & Dec 5-10, 2010.