Cornell University

Labor and Employment Law Program

16 E. 34th Street, 4th Floor, 212-340-2866

WINNING AT THE NLRB: What every lawyer needs to know

May-June 2011 Online video available

The Labor and Employment Law Program of Cornell University’s ILR School presents this six-session webinar series that provides an insider’s view of the NLRB. Instructor Daniel Silverman, former NLRB Acting General Counsel and Regional Director and current professor at Cardozo Law School, offers insights from one who spent 30 years enforcing the NLRA. This web-based training program for attorneys offers an opportunity for busy practitioners anywhere in the world to participate in focused, interactive sessions wherever internet and telephone access is available. Sessions are held 1:00-2:30 pm (Eastern Time), and each offers 1.5 New York State CLEs. Appropriate for the novice and experienced practitioner alike.

Sign up for just the sessions you want or take 6 sessions and get one session free plus a 20% discount on Dan Silverman’s book, Winning at the NLRB, 2nd ed., published by BNA upon registration, we will provide you with a discount code).

Previous Sessions:

Please contact Stephanie Sutow for access to this recorded webinar, the Powerpoint presentation, and supplemental materials.


Sessions 1

Structure & Philosophy of the NLRB and Processing Representation Cases

If you already have a password to the webinar please view the webinar or materials here.

This session presents the roles of the 5 member Board, the General Counsel, the General Counsel’s staff, and the regional offices. Some of the topics discussed are:

  1. Where does the authority lay in deciding cases?
  2. Who are the Board Agents, and what are their real motives?
  3. How to deal with Agents who do not seem to understand.
  4. How to present an effective case the Regional Director and the Board in Washington
  5. When to contact the General Counsel’s administrative staff
  6. What to do before filing a representation petition
  7. Problems to seek to avoid in processing petitions
  8. How to get the most out of your facts
  9. Negotiating election agreements

Sessions 2 & 3

Organizing and Employer ULPs 8(a)(1), (3) and (5)

Session 2 has been recorded and can be seen HERE along with the presentation and supplemental materials, if you have the password for this program. 

This 2-part session addresses both substantive and procedural issues specifically relating to Unfair Labor Practices in organizational campaigns. Topics include:

  1. What is prohibited?
  2. Drafting the charge
  3. How cases are processed
  4. How to insure that your position is heard by the decision maker
  5. When to do your own investigation
  6. When and how to settle
  7. When does the Board defer to arbitration?
  8. Respondent at the ULP hearing: Presenting an effective defense
  9. Charging Party at the ULP hearing: Aiding the NLRB attorney
  10. New NLRB approaches to remedies

Session 4

ULPs by Unions

If you already have a password please view the material for Session 4 here.

This session covers both the substantive and procedural issues specifically relating to Unfair Labor Practices by Unions. Issues covered include:

  1. What are the limits of enforcing rules against employees?
  2. What does the duty of fair representation really mean?
  3. What types of discrimination are prohibited?
  4. When do strikes, picketing, or boycotts become ULPs?
  5. When and how to settle

Session 5

Mandatory and Discretionary Injunctions under 10(l) AND 10(j) and The Role of Collateral Litigation in Labor Disputes

Thursday, June 16, 2011, 1-2:30 PM Eastern

If you already have a password please view the material for Session 4 here.

This session will address both the substantive and procedural issues relating to NLRB injunctions and the new emphasis by the NLRB on these matters. It will also discuss what types of law suits are allowed—and which are precluded—by preemption law. Subjects addressed include:

  1. The GC 10(j) initiative
  2. When to ask for an injunction or temporary restraining order
  3. What will the Board look for?
  4. Role of changing party in District Court
  5. When to sue in state court
  6. What is preempted? 

Session 6

Ethical Behavior and the NLRB

If you already have a password to the webinar please view the webinar or materials here.

Covered in this session are the NLRB’s role in policing misconduct before the Agency and the processes used to do so. Included are:

  1. NLRB rules on attorney misconduct and recent developments
  2. How allegations of attorney misconduct are handled at the NLRB
  3. Role of attorneys in investigations, including representing witnesses and talking directly to employees
  4. How to defend a ULP case without committing a ULP
  5. Persuader activities 
This session offers 1.5 NYS Ethics CLEs (transitional and non-transitional)

About Your Instructor

Daniel Silverman is an award-winning Adjunct Professor at Cardozo Law School and Co-Director of its Labor and Employment Law Clinic. He began working for the NLRB as a trial attorney and rose through the ranks to become and Regional Director, NYC Regional Office. He was appointed NLRB Acting General Counsel by President Bill Clinton in 1993 and 1994 and in 1997 received a Distinguished Service award from President Clinton. He is now partner at Silverman and Silverman LLP and a labor mediator and arbitrator, serving in industries such as food service, construction, and hotel. He is co-author of the recently updated Winning at the NLRB, 2d Edition (BNA Books), which offers an insider’s knowledge of procedures and strategies that can assist a practitioner in dealing with the NLRB.


Participants may choose to take one or more sessions (Sessions 2 & 3 constitute one class and must be taken together) at $125/session or can register for all 6 for $625, a savings of $125—get one class free! In order to receive the multiple program discount price, please print the registration form and fax it to the number listed on it.


Each session offers 1.5 NYS CLEs (transitional and non-transitional). The CLEs in Sessions 1 through 5 are in the area of Professional Practice, and Session 6 offers CLEs in Ethics. Please note that, to receive CLEs for Sessions 2 & 3, you must complete both sessions.

Lawyers admitted to practice in states other than New York are encouraged to contact their state MCLE accreditation body to determine if credit will be granted for this program. Please note that the MCLE Board(s) have the final authority on the acceptance and granting of CLE credit for individual programs. To be eligible to receive CLEs, you must attend and participate. CLE certificates are granted by the Cornell University Law School and will be sent to the e-mail address you indicate on the registration form. Contact our office for information about our CLE financial hardship policy.

For more information on this webinar series or to register, go to our website at:

For information on our CLE scholarship policy or other information, please contact Stephanie Sutow at 212-340-2866 or e-mail

What is a webinar?

A webinar is a "live" interactive opportunity to learn anywhere in the world without leaving your office. It's a convenient and easy method of learning for people with busy schedules.

Utilizing your computer's internet capabilities you will access:

  • An expert's audio presentation
  • Visual PowerPoint slides
  • Opportunities to ask questions

Once you register an email confirmation will be sent to you. The link to join the webinar will be sent the day before the session.

On the day of the session, you will connect to the webinar by either clicking on the link or copy and pasting the link into your web browser address line. You will be able to see and hear the speaker’s presentation on your computer monitor if you have speakers (either Mac and PC). If your computer does not have speakers, a phone number is provided to call into the session to hear the presentation.

If you have any questions about the webinar format, please call Stephanie Sutow or 212-340-2866.