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Labour Arbitration and Policy Conference

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/
 

Wednesday, December 5, 2018


Registration and Breakfast 8:00 AM - 9:00 AM  
Introductory remarks by Co-Chairs 9:00 AM - 9:10 AM  


Panel 1


Looking Back, Moving Forward: An update on major caselaw and legislative developments

9:10 AM - 10:30 AM

Panelists

Jeffrey Andrew
Union Counsel
Cavalluzzo
Carla Black
Employer Counsel
Rae Christen Jeffries
Adrienne Lei
Union Counsel
Dewart Gleason
Landon Young
Employer Counsel
Stringer

Panel Summary

In this session, top advocates will review the year's most important cases and legislative developments, including anticipated changes to Bill 148 and the Pay Transparency Act following the election of a Conservative government and the Human Rights Tribunal of Ontario's decision in Talos v. Grand Erie District School Board, ruling that legislative provisions that allow for reductions in benefit and insurance plans for employees aged 65 and older violate the Charter. Final selection of topics will take place in the weeks leading up to the conference, ensuring coverage of the latest and most important developments.

BREAK (with refreshments)

10:30 AM - 10:45 AM

Wednesday, December 5, 2018


Registration and Breakfast 8:00 AM - 9:00 AM  
Introductory remarks by Co-Chairs 9:00 AM - 9:10 AM  


Panel 2


Clearing the Cannabis Confusion: Experts dispense advice on policies, testing, and impairment

10:45 AM - 12:00 PM

Panelists

Daniel Anisfeld
Union Counsel
Koskie Minsky
Nancy Carnide
Post-Doctoral Fellow
Institute for Work and Health
Dr. Andrea Furlan
Associate Professor, Department of Medicine
University of Toronto
Steven Maxwell
Drug Recognition Expert and Chief Consultant
Steven Maxwell Drug Recognition Expert Consulting
Asha Rampersad
Employer Counsel
Bernardi Law

Panel Summary

The legalization of recreational cannabis and the increasing use of medicinal cannabis have created big headaches for employers attempting to respect the rights of employees while at the same time ensuring that they remain safe and productive workers. Unions, for their part, must be aware of the level of protection employees are entitled to expect. In this session, medical experts will join seasoned labour lawyers to discuss the effects of cannabis consumption, the challenges in assessing impairment, appropriate workplace policies, and other critical issues, including:

  • Legal landscape: What are the key features of the federal legislation that is legalizing cannabis for recreational purposes? How have the provinces adapted their laws relating to substance use? Are there any specific legislative measures to address cannabis in the workplace?
  • Understanding use and impairment: How widespread is cannabis use among Canadian workers? What are the short- and long-term effects of cannabis use? Can it be addictive or habit-forming? What are the symptoms of impairment? How long does impairment last? Are there any forms of cannabis, or strains of cannabis, that do not cause impairment, or are less impairing than others? Does the effect on the body vary depending on the method of consumption?
  • Impairment testing: Under what circumstances are employers allowed to administer drug tests? What testing methods are currently available, and what do they measure/reveal? How is impairment testing being addressed by federal and provincial legislation in relation to impairment while driving?
  • Disclosure and accommodation: In what circumstances can employees be required to disclose their medical or recreational use of cannabis? What type of medical information should be requested to determine whether employees can safely and effectively perform their jobs? Following the Supreme Court of Canada's ruling in Stewart v. Elk Valley Coal Corporation, can an employee be required to disclose substance dependence prior to a work-related incident or else face dismissal without the benefit of accommodation?
  • Crafting workplace policies: Do workplace parties need to rewrite their policies to address medical/recreational cannabis use or can they use existing drug and alcohol policies with slight modifications? What elements should be included? Can possession or a positive test result provide justification for discipline or termination, or would such a policy be ripe for challenge? What are reasonable restrictions for employers to put on cannabis use during work hours (given that having a glass of wine at lunch is generally permissible)? What about restrictions on off-duty use?

Wednesday, December 5, 2018


Registration and Breakfast 8:00 AM - 9:00 AM  
Introductory remarks by Co-Chairs 9:00 AM - 9:10 AM  


Keynote Address


Sexual Harassment in the RCMP: Is change possible?

12:05 PM - 12:35 PM

Keynote Speaker

Janet Merlo
Constable (retired)
Royal Canadian Mounted Police

Topics

After decades of experiencing near-daily sexual harassment and bullying by her managers, Constable Janet Merlo finally left the RCMP in 2010. Her attempts to report the problem had only backfired, and she had become both mentally and physically sick. In her bitterly angry exit letter, Cst. Merlo expressed her hope that the RCMP's disgraceful treatment of women would one day become public knowledge. Two years later, she became one of the first women to publicly speak out about the problem. Cst. Merlo is now one of two representative plaintiffs in a historic $100 million class action settlement against the RCMP and the Government of Canada involving 500 female complainants. During this special presentation, Cst. Merlo will explain how a lack of leadership and independent oversight allowed the RCMP to ignore and even punish complainants, and will describe what changes she feels are necessary to overcome the problem.

NETWORKING LUNCH

12:35 PM - 1:20 PM

Wednesday, December 5, 2018


Registration and Breakfast 8:00 AM - 9:00 AM  
Introductory remarks by Co-Chairs 9:00 AM - 9:10 AM  


Panel 3


Working Session with the Arbitrators: Focus on mental health issues and harassment

1:20 PM - 2:30 PM

Panelists

Elizabeth McIntyre
Arbitrator/Mediator

Allen Ponak
Arbitrator/Mediator


Panel Summary

In this session, attendees will gain insight into how arbitrators approach cases involving two complex issues: (1) workplace behaviour that straddles the line between unlawful harassment and general incivility, and (2) how mental health issues affecting grievors impact the grievance process. With the guidance of arbitrators sitting at their tables, attendees will work through scenarios involving these issues and learn how to identify the evidentiary and substantive issues arbitrators consider key to deciding these types of cases.

BREAK (with refreshments)

2:30 PM - 2:45 PM

Wednesday, December 5, 2018


Registration and Breakfast 8:00 AM - 9:00 AM  
Introductory remarks by Co-Chairs 9:00 AM - 9:10 AM  


Panel 4


#MeToo at Work: Responding to allegations of sexual harassment in the workplace

2:45 PM - 4:00 PM

Panelists

Kim Bernhardt
Arbitrator/Mediator

Erin Hallock
Union Counsel
McMahon Morrison Watts
Craig Lawrence
Employer Counsel
Dentons

Panel Summary

The #MeToo movement trained a spotlight on the incidence of sexual harassment in all areas of society including the workplace. However, it also created an environment where workplace parties may feel pressured to provide a quick response to allegations even before they can be properly investigated. In this session, legal experts will discuss the essential requirements of an investigation, appropriate responses to allegations of sexual harassment, and the union's role in supporting its members, addressing issues such as:

  • What steps must an employer take once it becomes aware of an allegation of workplace harassment to ensure that it complies with its legal obligations under Ontario's Bill 132? What specific measures are necessary to meet the federal requirements in Part II of the Canada Labour Code, introduced by Bill C-65? What steps should the employer take to ensure that an allegation of sexual harassment is properly established?
  • What are some interim measures the employer should consider and/or the union or complainant may request during the investigation? When should the respondent be removed from the workplace pending the outcome of the investigation?
  • In light of recent high profile sexual harassment allegations and the #MeToo movement, which incidents of sexual harassment are just cause for dismissal and which warrant lesser discipline? What factors do arbitrators consider in assessing discipline?
  • What measures should an employer take when an allegation is not substantiated?
  • When, if ever, can an employee alleging harassment seek redress outside of arbitration? What other forums aside from arbitration are available to a unionized employee (e.g. human rights tribunals, courts, occupational health and safety complaints), and when should they be utilized?
  • How should unions respond to a member's harassment allegations that are directed against another bargaining unit employee to whom the union also owes a duty of fair representation? How can unions support complainants while at the same time fulfilling their duty of fair representation to respondents?

CONFERENCE ENDS

4:00 PM

Keynote Speakers


Monday, December 3, 2018


Breakfast 8:00 AM - 9:00 AM  

Getting the Dollars to Make Sense: Costing collective bargaining proposals

9:00 AM - 4:00 PM

Workshop Leaders

Robert Hickey
Associate Professor, Employment Relations
Queen's University

Workshop Summary

Accurate costing of bargaining proposals can be a critical tool in collective bargaining, yet it is a skill that is not widely taught. Designed for union and management representatives who are involved in collective bargaining, this session will provide a practical step-by-step guide to calculating compensation costs (including both wages and benefits) and the effect of collective bargaining proposals on those costs. Working through realistic scenarios with the guidance of leading experts on costing, attendees will gain the skills and knowledge necessary to:

  • Identify the role of costing in collective bargaining.
  • Use costing strategically in negotiations.
  • Ascertain what information is needed, where to get it, and how to request it.
  • Comply with legal disclosure obligations.
  • Calculate the costs of wages and benefits, and the "roll-up" or "spill-over" costs, over multiple years.
  • Apply a systematic ten-step approach to costing.
  • Appreciate the role of "ability to pay" and "total compensation" in negotiations.

VIEW THE WORKSHOP AGENDA



Monday, December 3, 2018


Breakfast 8:00 AM - 9:00 AM  

Drafting Clear Contract Language: An in-depth skills training session

9:00 AM - 4:00 PM

Workshop Leaders

Debra Huron
Plain Language Writer, Editor and Trainer

Sylvia Sioufi
President
Canadian Staff Union
Jessica Kearsey
Employer Counsel
Norton Rose Fulbright

Workshop Summary

A clearly written collective agreement makes it easier for management, union representatives, and workers to understand their rights and obligations. Poorly written clauses can become the subject of disputes and costly arbitration. This hands-on training session is designed to provide bargaining committee members, labour lawyers, human resources professionals, and other labour relations professionals with the skills and knowledge necessary to:

  • Interpret collective agreement language using rules of construction accepted by arbitrators.
  • Recognize ambiguous provisions.
  • Understand the concept of "estoppel".
  • Develop a process for negotiating clear contract language.
  • Make existing contract language clear to managers, supervisors, union stewards, and employees "on the shop floor."
  • Identify common words, phrases, and stylistic problems that make contracts unclear.
  • Modernize the structure and format of contracts.

VIEW THE WORKSHOP AGENDA



Thursday, December 6, 2018


Breakfast 8:00 AM - 9:00 AM  

Effective Harassment Investigations: A step-by-step guide to conducting investigations

9:00 AM - 4:00 PM

Workshop Leaders

Meghan Ferguson
Lawyer and Workplace Investigator

John Donkor
Employer Counsel
Donkor Employment and Labour Law
Robyn White
Union Counsel
Cavalluzzo

Workshop Summary

With recent high profile reports describing botched harassment investigations, ensuring that they are correctly carried out is more important than ever. Even persons who don't conduct investigations themselves need to understand how a fair investigation is conducted, when an outside investigator should be retained, and in which ways to ensure that they are providing adequate disclosure while at the same time safeguarding confidential information as much as possible. In this interactive workshop, an experienced arbitrator and legal counsel will provide a step-by-step guide to effective harassment investigations and lead participants through realistic scenarios, providing them with the knowledge necessary to:

  • Ensure the investigation complies with legal requirements.
  • Select an appropriate investigator.
  • Develop suitable safeguards to maintain confidentiality.
  • Understand the union's role in the investigation.
  • Disclose appropriate information relating to the complaint and the results of the investigation.
  • Establish fair and effective processes for questioning witnesses and the parties involved.

VIEW THE WORKSHOP AGENDA



Thursday, December 6, 2018


Breakfast 8:00 AM - 9:00 AM  

Dealing with Workplace Impairment: Balancing safety, accommodation and employee rights

9:00 AM - 4:00 PM

Workshop Leaders

Diane Brownlee
Arbitrator/Mediator

Chris Donovan
Union Counsel
Dewart Gleason
Steven Maxwell
Drug Recognition Expert
and Chief Consultant

Steven Maxwell Drug
Recognition Expert Consulting

Susan Munn
Employer Counsel
Pooran Law

Workshop Summary

The legalization of recreational cannabis has profound implications for employers and unions seeking to ensure workplace safety while respecting employee privacy. This in-depth training session will teach participants to recognize the signs of impairment and problematic substance use, ensure workplace safety through legally-compliant policies dealing with impairment, and accommodate employees with substance use disorders.

Experts in impairment recognition and addictions will join experienced labour lawyers and arbitrators to teach participants the skills and knowledge necessary to:

  • Adapt workplace policies to address the legalization of recreational cannabis.
  • Spot the signs of impairment.
  • Ensure workplace safety with policies and procedures that prohibit impairment while ensuring employee rights.
  • Identify aspects of "Standardized Field Sobriety Tests" (SFST) and "Drug Recognition Expert" training that may be applicable to the workplace.
  • Recognize the signs that someone in the workplace may have a substance use disorder.
  • Approach employees suspected of having a disorder in a non-threatening way that encourages them to disclose and seek help.
  • Accommodate employees with a substance use disorder while maintaining workplace safety.

VIEW THE WORKSHOP AGENDA



2018 Bora Laskin Award Dinner

December 5, 2018

Sheraton Centre Toronto Hotel
Cocktails – 5:30 p.m.
Award Dinner – 6:30 p.m.

To reserve a ticket for yourself, or a table on behalf of your firm or organization, please call (416) 977-6618 or visit the conference registration page.


For more information about the Bora Laskin Award, please see our Bora Laskin page.


CPD


Click here to find out more information regarding CPD and the hour requirements in your province.

Conference Sessions

  • This program has been approved by the Human Resources Professional Association (HRPA) for 5.5 Continuing Professional Development (CPD) hours.

Workshops

  • This program has been approved by the Human Resources Professional Association (HRPA) for 5.5 Continuing Professional Development (CPD) hours.