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Labour Arbitration and Policy Conference

 
 
 
 

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HRPA Continuing Professional Development

HRPA Continuing Professional Development

The Human Resources Professionals Association (HRPA) has approved Lancaster House as a Continuing Professional Development Partner, guaranteeing that participation in our conferences, workshops and audio conferences will be accepted by the HRPA for CPD credit.

Register today to earn your CPD credits with Lancaster!

In association with: http://www.library.utoronto.ca/cirhr/
 

Thursday, December 7, 2017


Registration and Breakfast 7:45 AM - 8:45 AM  
Introductory remarks by Co-Chairs 8:45 AM - 9:00 AM  


Panel 1


Current and Critical: Major caselaw and legislative update

9:00 AM - 11:00 AM

Matthew Certosimo
Employer Counsel
Borden Ladner Gervais
Chris Dassios
Union Counsel
Power Workers' Union
Mihad Fahmy
Union Counsel

Wassim Garzouzi
Union Counsel
Raven, Cameron, Ballantyne & Yazbeck
Anne Gregory
Union Counsel
Canadian Union of Public Employees
Norm Keith
Employer Counsel
Fasken Martineau
Morton Mitchnick
Arbitrator/Mediator

Jennifer Richards
Deputy Legal Director, Treasury Board Secretariat
Government of Ontario
Elizabeth Traynor
Employer Counsel
Siskinds The Law Firm

Panel Summary

In this session, top advocates will review the year's most important cases and legislative developments, including the Supreme Court of Canada's decision in Stewart v. Elk Valley Coal Corporation regarding disability-related misconduct. Additional topics will be added in the weeks leading up to the conference to ensure coverage of the latest and most important developments.

BREAK (with refreshments)

11:00 AM - 11:20 AM

Thursday, December 7, 2017


Registration and Breakfast 7:45 AM - 8:45 AM  
Introductory remarks by Co-Chairs 8:45 AM - 9:00 AM  


Keynote Address


Dealing with High-Conflict Behaviour in the Workplace

11:20 AM - 12:00 PM

Bill Eddy
President
High Conflict Institute

Topics

Workplace disputes often become intractable not because they involve complex legal issues but because they involve "High-Conflict Personalities." Bill Eddy, who practiced as a mental health therapist before becoming a lawyer, has drawn on his knowledge of personality disorders to identify and explain patterns of high-conflict behaviour in the workplace and to develop methods for effectively resolving problems with "High-Conflict People." In this keynote address, Mr. Eddy will provide an overview of his theory and methods. Mr. Eddy will also be leading a workshop on December 8 for those interested in more in-depth training on dealing with high-conflict behaviour in the workplace.

NETWORKING LUNCH

12:00 PM - 12:45 PM

Thursday, December 7, 2017


Registration and Breakfast 7:45 AM - 8:45 AM  
Introductory remarks by Co-Chairs 8:45 AM - 9:00 AM  


Panel 2


Lunch and Working Session with the Arbitrators: Discussing true-to-life cases with the adjudicators

12:45 PM - 1:55 PM

Harvey Beresford
Arbitrator/Mediator

Susan Stewart
Arbitrator/Mediator


Panel Summary

In this session attendees will gain insight into how arbitrators approach cases involving two perennially vexing issues: (1) estoppel, the legal doctrine that is invoked to hold a party to its past practice or promises despite its rights under the collective agreement, and (2) employee social media conduct that goes viral. In small groups led by arbitrators, attendees will work through realistic scenarios and learn to identify the evidentiary and substantive issues arbitrators consider key to deciding these types of cases.

Thursday, December 7, 2017


Registration and Breakfast 7:45 AM - 8:45 AM  
Introductory remarks by Co-Chairs 8:45 AM - 9:00 AM  


Panel 3


High Ho, It's Off to Work We Go: Responding to the challenges of legal drug use

2:00 PM - 3:15 PM

Dr. Danial Schecter
Family Physician and Co-Founder
Cannabinoid Medical Clinic
Nini Jones
Union Counsel
Paliare Roland Rosenberg Rothstein
John Saunders
Employer Counsel
Hicks Morley

Panel Summary

In spring 2017, the federal government introduced Bill C-45 to legalize and regulate recreational cannabis use. As a result of this legislative development, in conjunction with the increasing prevalence of medical cannabis and prescription drugs across Canada, many unions and employers are reassessing their approach to cannabis and other legal drugs in the workplace. In this session, medical and legal specialists will offer their thoughts on a range of issues relating to the intersection of work and legal drugs, including disclosure requirements, accommodative measures, drug testing, and benefit coverage.

  • The legal framework: What is the current framework in Canada for regulating medicinal cannabis use? How do Bills C-45 and C-46 propose to legalize and regulate the recreational use of cannabis?
  • The health effects: In what circumstances might a healthcare practitioner authorize medicinal cannabis for a patient? What are the potential physical and mental health effects of cannabis consumption? Does the drug have addictive properties? How, if at all, might an individual's off-duty cannabis use impact their work performance? Does the medicinal use of cannabis or prescription drugs necessarily result in impairment at work?
  • Disclosure: In what circumstances, if any, are employees required to disclose their use of medical cannabis or prescription drugs? What about recreational cannabis use? Following the Supreme Court of Canada's decision in Elk Valley, can employees be required to disclose substance dependence or addiction prior to a work-related incident?
  • Balancing accommodation and safety obligations: What is the extent of an employer's duty to accommodate an employee’s medical cannabis or prescription drug use? Does medical cannabis authorization or a prescription for other drugs entitle an employee to be impaired at work? What type of medical information should be requested to determine whether an employee can safely and effectively perform his or her job? Why is testing for cannabis impairment currently considered more complex than testing for alcohol impairment? What are some best practices for managing safety risks when substance abuse is suspected? Is it discriminatory for employee benefit plans to refuse coverage for medical cannabis?
  • Drafting workplace policies: What elements should be included in a workplace policy dealing with the use of medicinal cannabis or prescription drugs? What about the use of legal recreational drugs? In what circumstances, if any, are zero-tolerance policies permissible?

BREAK (with refreshments)

3:15 PM - 3:30 PM

Thursday, December 7, 2017


Registration and Breakfast 7:45 AM - 8:45 AM  
Introductory remarks by Co-Chairs 8:45 AM - 9:00 AM  


Panel 4


Lightning Law: Arbitrators give quick rulings on real cases

3:30 PM - 4:30 PM

Randi Abramsky
Arbitrator/Mediator

Andrew Tremayne
Arbitrator/Mediator


Panel Summary

In labour arbitration, parties who understand the reasoning behind arbitral decision-making have a critical advantage. In this session, attendees will have the unique opportunity to hear a panel of seasoned arbitrators discuss key issues and provide rapid rulings on actual cases relating to family status discrimination, attendance management, member-on-member harassment, and disability-related misconduct.

CONFERENCE ENDS

4:30 PM

Keynote Speakers


Tuesday, December 5, 2017


Navigating Interest Arbitration: Working with the mediator, drafting the brief, presenting the case

9:00 AM - 4:00 PM

Morton Mitchnick
Arbitrator/Mediator

Harold Ball
Employer Nominee

Menno Vorster
Union Nominee


Workshop Summary

Many workers employed in essential public services are required to resolve their collective agreement through interest arbitration. Interest arbitration may also result from an application for first contract arbitration or a voluntary agreement to interest arbitration to resolve collective bargaining disputes. As a result, many employer and union representatives will require the skills and knowledge necessary to be effective advocates in interest arbitration and will benefit from this session.

Attendees will leave this interactive workshop knowing how to:

  • Comply with legal obligations that arise in negotiation, mediation and arbitration
  • Structure negotiations and the mediation process to minimize the issues in dispute
  • Choose an appropriate arbitrator and nominees
  • Gather all necessary information and present it in a compelling brief
  • Present a persuasive case at the hearing
  • Analyze an award to determine whether an application for judicial review is likely to succeed

VIEW THE WORKSHOP AGENDA



Tuesday, December 5, 2017


Smart Bargaining: Optimizing outcomes through advanced research methods

9:00 AM - 4:00 PM

Andrew Ward
Research Representative
Canadian Union of Public Employees
Ryan Wood
Negotiator and Economist
Bass Associates

Workshop Summary

Good negotiators come to the table aware of all the data and arguments that support their demands as well as the data and arguments that may be used to resist their demands. Given the broad range of potential subjects of bargaining as well as the importance of external factors, such as generally prevailing economic and/or political conditions, negotiating teams may feel such comprehensive preparation is unmanageable and jump into negotiations without adequate awareness of various factors affecting bargaining. In this session, Lancaster's experts will identify key external challenges to bargaining that are often overlooked and introduce participants to sources of information and research methods that will allow them to fully prepare for bargaining.

Participants will learn to:

  • Assemble and analyze data regarding internal and external factors that influence bargaining
  • Determine the true priorities of bargaining unit members/employees and how both unions and employers can leverage their knowledge of these priorities
  • Anticipate and prepare responses to the other side's demands
  • Obtain information necessary for costing proposals
  • Find relevant and reliable information on general economic conditions and factor this information into their bargaining strategy
  • Identify external political or social factors that should be taken into account
  • Locate collective agreement language, settlement agreements and awards that will bolster their own demands (including identifying appropriate comparator organizations or enterprises)

Workshop attendees will receive free trial access to Lancaster House's Contract Clauses Online, Canada's leading text on collective agreement language, with authoritative commentary and actual contract clauses from current collective agreements negotiated across Canada.

VIEW THE WORKSHOP AGENDA



Friday, December 8, 2017


From Conflict to Calm: Dealing with high-conflict behaviour in the workplace

9:00 AM - 4:00 PM

Bill Eddy
President
High Conflict Institute
Veronica Kenny
Labour and Employment
Legal Manager

UPS Canada
Joanne McMahon
Union Counsel
McMahon Morrison Watts

Workshop Summary

High-conflict behaviour is characterized by unmanaged emotions, extreme reactions, preoccupation with blaming others, and prolonged, unresolved conflict. Such behaviour not only seriously damages relationships in the workplace but also frequently results in complaints of bullying and harassment, grievances and other legal headaches for both employers and unions.

By working through realistic scenarios with the guidance of experienced lawyers and internationally-recognized dispute resolution expert Bill Eddy, attendees will leave equipped to prevent high-conflict behaviour in the workplace from developing into serious workplace problems that disturb co-workers, disrupt operations, and give rise to litigation.

Participants will learn:

  • Brain science behind high-conflict behaviour, including current knowledge about High-Conflict Personalities (HCPs)
  • Principles of progressive discipline and accommodation that apply to dealing with high-conflict behaviour
  • Strategies for managing your own anxiety when dealing with HCPs
  • Approaches to coaching HCPs to take responsibility for resolving their own conflicts in the workplace

Participants will also learn how to use the following skills in their workplaces:

  • Connecting skills – using empathy, attention and respect (EAR) to communicate and build effective working relationships with HCPs
  • Assertion skills – using brief, informative, friendly, but firm (BIFF) responses to counter misinformation or hostility

VIEW THE WORKSHOP AGENDA



Friday, December 8, 2017


Conducting Fair and Effective Disciplinary Investigations: A hands-on workshop

9:00 AM - 4:00 PM

Judith Allen
Investigator, Arbitrator, Mediator

Jennifer Micallef
Union Counsel
Ryder Wright Blair & Holmes
TBA 
Employer Speaker TBA


Workshop Summary

Allegations or incidents of misconduct can have a serious impact on workplace culture and morale. In such instances, it is essential that an objective, balanced, and thorough disciplinary investigation is conducted. Employers, employees, and unions all have an important role in the investigative process to ensure that it is impartial and effective. In this workshop, experienced investigators and legal counsel will review tips and strategies for conducting fair and comprehensive disciplinary investigations. Working through interactive exercises and realistic scenarios, workshop participants will gain the skills and knowledge to:

  • Understand when the duty to investigate is triggered
  • Develop a fair and effective process for investigating allegations or incidents of misconduct
  • Gather reliable evidence and witness statements
  • Appreciate the role of the union and employees within a disciplinary investigation
  • Draft and respond appropriately to workplace investigation reports

VIEW THE WORKSHOP AGENDA



CPD


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