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DTSTART;VALUE=DATE:20231101
DTEND;VALUE=DATE:20231104
DTSTAMP:20260417T025913
CREATED:20230323T025919Z
LAST-MODIFIED:20240723T182026Z
UID:6793-1698796800-1699055999@lancasterhouse.com
SUMMARY:Ottawa Labour Law Conference
DESCRIPTION:Conference Co-Chairs\n\n \nAnnie McKendy\nArbitrator\, Mediator\, and Investigator \n\n\n \nCaroline Richard\nEmployer Counsel\nBird Richard \n\n\n \nTroy Winters\nSenior Health and Safety Officer\nCanadian Union of Public Employees \n\n\nConference Advisory Committee\n\n \nChristopher Edwards\nEmployer Counsel\nSoloway Wright \n\n\n \nKelly O’Ferrall\nEmployer Counsel\nOsler\, Hoskin & Harcourt LLP \n\n\n \nTia Hazra \nEmployment Relations Officer\nProfessional Institute of the Public Service of Canada \n\n\n \nAlison Longmore\nUnion Counsel\nJewitt McLuckie & Associates LLP \n\n\nWednesday\, November 1\, 20239:00 am – 9:10 am ET – Introductory remarks by Co-Chairs \nPanel 1: Notable and Newsworthy: Major caselaw and legislative developments - 9:10 am – 10:25 am ET\nNotable and Newsworthy: Major caselaw and legislative developments\n\n\n \nChristopher Rootham\nBoard Member\nFederal Public Sector Labour Relations and Employment Board (FPSLREB) \n\n\n \nCraig Stehr\nEmployer Counsel\nGowling WLG \n\n\n \nAmy Kishek\nLegal Counsel\nCanadian Union of Public Employees (CUPE) \n\n\nIn this session\, experts will examine recent significant developments in labour law. Panelists will address the latest cases on government intervention in collective bargaining\, lessons to be learned from emerging jurisprudence on COVID-19 policies\, and perennial issues such as privacy\, discipline\, and discrimination\, harassment\, and accommodation. The panel will also examine legislative updates including Canada’s ratification of the ILO Violence and Harassment Convention\, 2019\, and legislation dealing with forced labour. Final selection of topics will take place in the weeks leading up to the conference\, ensuring coverage of the latest and most newsworthy developments. \nBreak: 10:25 am – 10:40 am ET \nPanel 2: Disabilities That Elude Diagnosis: Accommodating employees with undiagnosed or poorly understood conditions - 10:40 am – 11:50 am ET \nDisabilities That Elude Diagnosis: Accommodating employees with undiagnosed or poorly understood conditions\n\n\n \nWendy Laframboise\nNurse Practitioner\nCoordinator\, Post-Covid Rehab\nThe Ottawa Hospital Rehabilitation Centre \n\n\n \nMeg Steele\nActing Director\, Human Resources Services\nFinance and Corporate Services Department \n\n\n \nDina Mashayekhi\nUnion Counsel\nJewitt McLuckie \n\n\nChallenges often arise in accommodating employees with conditions that cannot be identified by a clear diagnostic test or that are not yet well-understood within the medical community. In this session\, experts will address these challenges\, answering questions such as: \n\nWhat are common medical conditions that elude diagnosis\, or that are considered “diagnoses of exclusion”? Why does “long COVID” fall within that list?\nIs a definitive diagnosis\, or “objective evidence\,” necessary to establish disability? How should employers and unions respond where there is a lack of available medical practitioners with the requisite knowledge or experience to assess and attest to the condition?\nHow can employers and unions effectively formulate requests for medical information where an employee’s condition cannot be confirmed using a clinician’s diagnostic test?\nWhen sick leave abuse is a concern\, how can an employer distinguish between employees who have genuine\, difficult-to-diagnose disabilities\, and employees who are feigning illness? May an employer discipline or dismiss an employee who is frequently absent\, underperforming\, or exhibiting atypical workplace behaviours but who asserts that it is due to an as-yet undiagnosed disability?\nHow do the stereotypes and stigmas associated with these medical conditions contribute to the challenge of providing accommodation?\n\nWhat types of accommodations may be of assistance to an employee suffering from persistent or chronic symptoms that may impact their ability to work? For example: What measures may assist an individual with long COVID?Lunch: 11:50 am – 1:00 pm ET \nKeynote - ReconciliACTION: Addressing TRC recommendations in legislation - 1:00 pm – 1:25 pm ET\nReconciliACTION: Addressing TRC recommendations in legislation\n\n\n \nStan Kutcher\nSenator\nSenate of Canada \n\n\nThe Criminal Code of Canada continues to provide legal protection for parents who use corporal punishment for purposes of correction against their children. Yet extensive research evidence shows that such violence has no positive effect but does result in short and long term harm. Bill S-251 seeks to remove section 43 of the Code to offer children the same protection from assault as all others living in Canada have. Senator Kutcher\, a child and adolescent psychiatrist\, will address this issue\, which has also been flagged by the Truth and Reconciliation Commission (TRC #6). Consideration of the responsibilities of parents and the rights of children in the context of today’s mental health realities will help frame this presentation. \nPanel 3: Breaking Barriers: Best practices in promoting equity\, diversity\, and inclusion in the workplace - 1:25 pm – 2:35 pm ET\nBreaking Barriers: Best practices in promoting equity\, diversity\, and inclusion in the workplace\n\n\n \nRichard Gaboton\nEDI Specialist\nThe Professional Institute of the Public Service of Canada (PIPSC) \n\n\n \nJena Montgomery\nCounsel\nTreasury Board Secretariat Legal Services\nDepartment of Justice \n\n\n \nKami Ramcharan\nPresident\nKVR Management Support \nMember\nEmployment Equity Act Review Task Force \n\n\nPromoting equity at work requires a commitment from workplace actors to remove barriers to participation and success\, to proactively support inclusion\, and to ensure that measures do not\, in fact\, perpetuate discriminatory practices. In this session\, experts will address the ongoing work of the Employment Equity Act Review Task Force and examine topics such as improving equity in promotion and retention\, the best means of effectively measuring equity efforts\, and the promise and peril of data in improving workplace equity. \nBreak: 2:35 pm – 2:50 pm ET \nPanel 4: Off-the-Clock Conduct: Reconciling employee free speech and employer reputational concerns - 2:50 pm – 3:55 pm ET\nOff-the-Clock Conduct: Reconciling employee free speech and employer reputational concerns\n\n\n \nDavid Jewitt\nArbitrator/Mediator\nJewitt Arbitration \n\n\n \nKyle Van Schie \nEmployer Counsel\nSoloway Wright \n\n\n \nChristine Johnson\nUnion Counsel\nChamp and Associates \n\n\nAn employee’s off-duty conduct can affect the reputation of a workplace\, impact the well-being of colleagues\, and lead to discipline or termination. In this session\, experts will examine employer and union rights and duties in promoting appropriate employee behaviour\, both within and beyond the workplace. Panelists will address questions including: \n\nCan employers limit employees’ off-duty conduct? Is the nature of the business relevant? When does an employee’s right to express personal opinions while off-duty become a legitimate concern for the employer?\nAre there any limits on an employer’s ability to monitor the physical or online activities of off-duty employees?\nWhat constitutes political speech or activity? Can an employer limit political speech or activity in the workplace? What about outside of the workplace?\nCan employers or unions offer or require training regarding what constitutes appropriate off-duty conduct?\nIn what circumstances have employees been disciplined or had their employment terminated for their off-duty conduct?\nWhat language should be incorporated into workplace policies and collective agreements to address off-duty conduct?\nWhat key terms should be included in employee social media policies?\nWhat are best practices for employers and unions seeking to balance employees’ freedom of expression and the need to ensure a workplace free of discrimination and harassment?\n\nDay 1 Closing Remarks: 3:55 pm – 4:00 pm ET \nNetworking reception: 4:00 pm – 5:00 pm ET \nThursday\, November 2\, 2023Introductory remarks by Co-chairs: 9:00 am – 9:10 am ET \nPanel 5: Asset or Adversary? Examining the implications of artificial intelligence for the world of work - 9:10 am – 10:25 am ET\nAsset or Adversary? Examining the implications of artificial intelligence for the world of work\n\n\n \nDr. Valerio De Stefano\nCanada Research Chair in Innovation Law and Society\, Osgoode Hall Law School\nYork University \n\n\n \nAndrew Vey\nEmployer Counsel\nWillets Vey \n\n\n \nLaura Ross\nBilingual Senior Officer\nLegal Branch CUPE \n\n\nWhen ChatGPT was launched less than a year ago\, the promises and dangers of advanced artificial intelligence moved from the annals of science fiction to the front page of newspapers. While fears about automation killing jobs are not unique to this latest technological revolution\, the concerns this time have shifted from work involving repetitive tasks and physical effort to white collar\, creative\, and intellectual work. The Writers’ Guild and SAG AFTRA strikes bear witness to the encroachment of machines into types of work that had long been thought to require uniquely human faculties. In this session a panel of experts will explore AI’s impact on the world of work and discuss the implications for labour relations: \n\nHow\, if at all\, are ChatGPT and similar AI applications different from previous AI programs? Do they “think”? Are they conscious? Are they creative?\nAre concerns about AI’s impact on work overblown? Is this technological advancement really different from previous technological revolutions that fomented their own concerns about mass unemployment and the dehumanization of work?\nWhat jobs and sectors will be most affected by AI? How should unions and employers use collective bargaining to address the potential impact of AI on those jobs and sectors?\nShould both employers and unions lobby government for increased regulation of AI and its effects on work and workers? If so\, what should they be asking for? Is there any common ground?\nWill human resources be taken over by “algorithmic management\,” which is defined as delegating to algorithms certain managerial tasks such as filtering through applications for employment\, assessing employee performance\, or even making decisions regarding termination of employment?\nHow should employers and unions address the potential use of algorithmic management in collective agreements? Do all collective agreements need to address this issue?\nCould AI take over some labour relations tasks like writing policies\, interpreting contract language\, drafting grievances\, researching law\, formulating arguments based on precedent\, or even deciding the outcome of grievances?\n\nBreak: 10:25 am – 10:40 am ET \nPanel 6: Fostering Diversity: Removing barriers to recruitment\, retention\, and promotion of neurodivergent employees - 10:40 am – 11:55 am ET\nFostering Diversity: Removing barriers to recruitment\, retention\, and promotion of neurodivergent employees\n\n\n \nVirginie Cobigo\nExecutive Director\, Open Collaboration for Cognitive Accessibility \nAssociate professor\nFaculty of Social Sciences\, School of Psychology\nUniversity of Ottawa \n\n\n \nDavid Patacairk\nLegal Counsel\nCity of Ottawa \n\n\n \nMorgan Rowe\nUnion Counsel\nRaven\, Cameron\, Ballantyne & Yazbeck LLP \n\n\nNeurodivergent Canadians\, i.e. those who have lifelong neurological or developmental conditions such as Autism Spectrum Disorder (ASD) or Attention Deficit Hyperactivity Disorder (ADHD)\, continue to face significant employment barriers despite growing recognition of the benefits of neurodiversity in the workplace. For example\, only about a third of working-age Autistic Canadians are employed\, and those who are employed are substantially more likely to be underemployed than the general population. In this session\, experts will explore why these barriers persist and offer guidance on providing accommodation to neurodivergent employees and jobseekers. \n\nWhy is the term “neurodivergent” used to describe people with learning disabilities\, ADHD\, and ASD? What do these conditions have in common? How are they different?\nHow do common stereotypes affect the inclusion and accommodation of neurodivergent employees in the workplace? What can be done to combat these stereotypes?\nShould workplace neurodiversity be actively promoted in the same way as other forms of organizational diversity? If so\, should jobseekers be required to provide medical documentation during the hiring process or should self-identification be accepted?\nWhat can employers and unions do to eliminate or reduce the barriers faced by neurodivergent jobseekers?\nWhy do many neurodivergent employees find it difficult to retain employment or advance at work?\nWhat accommodations are likely to help neurodivergent employees not only stay at work but thrive?\nWhat type of medical information can employers require from neurodivergent employees seeking accommodation? Should a detailed neuropsychological evaluation report be required?\nHow often\, if ever\, should updated medical information be requested from a neurodivergent employee\, who\, by definition\, has a lifelong condition?\nWhat accommodation should unions provide to neurodivergent members accessing union services and using union processes?\n\nLunch: 11:55 am – 1:00 pm ET \nPanel 7: Navigating the New World of Work: Addressing privacy\, accommodation\, conflict\, and collaboration in hybrid and remote work arrangements - 1:00 pm – 2:15 pm ET\nNavigating the New World of Work: Addressing privacy\, accommodation\, conflict\, and collaboration in hybrid and remote work arrangements\n\n\n \nIan Mackenzie\nArbitrator/Mediator \n\n\n \nHeather Cameron\nEmployer Counsel\nNorton Rose Fulbright \n\n\n \nNatasha Udell\nIn-House Legal Counsel\nOntario Provincial Police Association \n\n\nAs some employers renew calls to return to in-person work\, parties have remained deeply divided over the promise and drawbacks that work-from-home arrangements pose for productivity and teamwork. In this session\, panelists will provide expert guidance on navigating these concerns\, addressing questions including: \n\nAre employers entitled to monitor the productivity of employees working from home through surveillance measures such as monitoring software? What lessons can be learned from how arbitrators have balanced employers’ interest in ensuring productivity with employees’ right to privacy in other contexts?\nWhen will misuse of working time rise to the level of “time theft”? How should employers address employees who use working time for other purposes while at home — such as napping\, doing laundry\, or looking after family members?\nWhat are emerging best practices for ensuring that a remote or hybrid working arrangement does not negatively impact creativity and collaboration? With many employees reporting increased loneliness arising from their work-from-home arrangements\, what proactive steps can be taken to foster well-being and connection among remote team members?\nIn what ways has shifting to a remote or hybrid work arrangement ameliorated or exacerbated workplace conflict\, harassment\, and discrimination? How can parties ensure that inappropriate workplace behaviours do not simply shift to forums that may be harder to monitor (e.g. online chats)?\nWhen will a decision to require employees to return to in-person work constitute an improper exercise of management rights? Is there a business case to be made for allowing remote or hybrid work\, even where an employer may otherwise legitimately require employees to return?\nWhen must an employee’s request for accommodation through a remote working arrangement be granted?\nDo employees returning to in-person work have a right to return to their former office space? How can workplace parties ensure “co-working” arrangements (such as desk “hoteling” or “hot-desking”) do not lead to increased conflict or health and safety hazards?\n\nBreak: 2:15 pm – 2:30 pm ET \nPanel 8: Investigating Investigations: An examination of current best practices and recent developments - 2:30 pm – 3:45 pm ET\nInvestigating Investigations: An examination of current best practices and recent developments\n\n\n \nKatherine Cotton\nLawyer and Workplace Investigator \n\n\n \nChristopher Edwards\nEmployer Counsel\nSoloway Wright \n\n\n \nJennifer Duff\nUnion Counsel\nShields Hunt Duff Strachan \n\n\nWorkplace investigations have evolved in recent years\, including an increased use of remote interviews and a focus on the impact of biases on the investigation process. In this session\, experts will discuss important developments in this area\, in addition to practices and policies that safeguard fair and effective investigations. The following questions will be discussed: \n\nWhat lessons can be learned from recent cases addressing the appropriate scope of an investigation\, considering the need to preserve a fair\, adequate\, and effective investigation process?\nWhat strategies can workplace parties implement to address the challenges of conducting investigations in a remote work environment? Is there any proven or perceived benefit to conducting workplace investigations in-person?\nHow can workplace investigators ensure that they are mindful of unconscious and implicit biases during the investigation process? What impact do these biases have on workplace investigations?\nWhat are best practices when it comes to incorporating a trauma-informed approach to conducting witness interviews during an investigation?\nHow can investigators effectively identify and address pervasive systemic discrimination in the workplace through the fact-finding and report-writing process? How can employers and unions support investigators in this endeavor?\nWhat measures should an employer take when an allegation is not substantiated? What role does the union have in restoring a safe and healthy workplace for all parties involved in these circumstances?\n\nDay 2 Closing Remarks: 3:45 pm – 3:55 pm ET \nFriday\, November 3\, 2023Workshop*Workshop sold separately from stand-alone conference. \nBreakfast: 8:00 am – 9:00 am ET \nMedical Information in Accommodation and Adjudication: Practical guidance for employers and unions - 9:00 am – 4:00 pm\n\n\n \nGoretti Fukamusenge\nBoard MemberFederal Public Sector Labour Relations and Employment Board \n\n\n \nDr. Darcy A Santor\nPsychologistProfessorFaculty of Social SciencesUniversity of Ottawa \n\n\n \nSophie Arsenault\nEmployer CounselFasken \n\n\n \nNicole Butt\nManager of Litigation and Legal CounselOntario Nurses Association \n\n\n \nJudith Parisien\nEmployer Counsel\nFasken\n\n\nWorkplace parties may have a legitimate need to access and assess employee medical information throughout grievance and arbitration processes\, but it is crucial that they do so in a reasonable and appropriate manner. In this interactive workshop\, attendees will learn the legal framework governing the appropriate collection\, use\, and storage of employee health information; strategies for requesting\, obtaining\, and assessing information from healthcare professionals; and key principles relating to the use of medical information at arbitration. Guided by expert panelists\, attendees will leave ready to: \n\nAssess the reasonableness of requests for employees’ personal health information;\nEvaluate the adequacy of information provided;\nRespond appropriately to vague or deficient information;\nApproach employees/union members about needed information with sensitivity;\nDetermine what type of information should be obtained from different health care professionals and assess when specialist reports or independent medical examinations are necessary;\nRecognize when a health care professional is acting as an advocate or assuming an inappropriate role;\nSafeguard personal health information in compliance with legislation and in accordance with best practices; and\nUse medical evidence effectively in the grievance and arbitration process.\n\nConference CPD\n\n\nThis program has been approved for 9.75 Continuing Professional Development hours under Section A3 of the Recertification Log of the Human Resource Professionals Association.\n\n\nMembers of the Law Society of Ontario may consider counting this program for 9.75 substantive hours.\n\n\nWorkshop CPD\n\n\nThe Ottawa Labour Law Post-Conference Workshops have been approved for 5.5 Continuing Professional Development hours under Section A3 of the Recertification Log of the Human Resource Professionals Association\, each.\n\n\nMembers of the Law Society of Ontario may consider counting The Ottawa Labour Law Post-Conference Workshops for 5.5 substantive hours\, each.
URL:https://lancasterhouse.com/event/ottawa-labour-law-conference/
LOCATION:Rogers Centre Ottawa\, 55 Colonel By Drive\, Ottawa\, Ontario\, K1N 9J2\, Canada
CATEGORIES:Conference,Labour Law & Labour Policy
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END:VEVENT
BEGIN:VEVENT
DTSTART;VALUE=DATE:20231121
DTEND;VALUE=DATE:20231123
DTSTAMP:20260417T025913
CREATED:20230810T132354Z
LAST-MODIFIED:20240723T174318Z
UID:9567-1700524800-1700697599@lancasterhouse.com
SUMMARY:Edmonton Bargaining in the Broader Public Sector Conference
DESCRIPTION:Bargaining in the Broader Public Sector ConferenceConference Co-Chairs\n\n \nChantel Kassongo\nEmployer Counsel\nNeuman Thompson \n\n\n \nCherie Langlois-Klassen\nUnion Counsel\nBlair Chahley Klassen \n\n\nConference Advisory Committee\n\n \nVictor Banfield\nDirector\, Negotiations and Policy \nHealth Sciences Association of Alberta \n\n\n \nCory Galway\nLead Negotiator\nAlberta Health Services \n\n\n \nRory Gill\nPresident\nCUPE Alberta \n\n\n \nCarl Soderstrom\nExecutive Director\nAlberta Union of Provincial Employees \n\n\n \nSteve Stringfellow\nStrategic Negotiations Lead \nProvincial Bargaining Coordination Office\nAlberta Treasury Board and Finance \n\n\n \nRuth Strong\nSenior Negotiator\nCity of Edmonton \n\n\nTuesday\, November 21\, 2023Breakfast and Registration 8:00 a.m. – 9:00 a.m.\nIntroductory remarks by Co-Chairs 9:00 a.m. – 9:10 a.m. \nPanel 1 - Checking the Forecast: Experts examine the economic and fiscal climate for bargaining in Alberta\n\n\n \nJoseph Marchand\nProfessor\, Economics\nUniversity of Alberta \n\n\n \nCatherine Rothrock\nChief Economist\nAlberta Treasury Board and Finance \n\n\n \nNeil Hepburn\nEconomist\, Teacher Welfare\nAlberta Teachers’ Association \n\n\nIn this session\, experts will examine the economic and fiscal forecast for Alberta and Canada in 2024\, focusing on the implications for collective bargaining. Specifically\, panelists will address: \n\nWhat short- and long-term economic and fiscal trends are experts predicting in 2024 in Alberta and in Canada? How does the outlook in Alberta compare to other provinces and the United States?\nHow should parties address rising costs of living when negotiating wage increases? Beyond general wage increases\, what wage adjustment mechanisms may be employed? Are longer-term wage adjustments such as periodic cost of living adjustments likely to gain traction?\nHow does the current status of the Alberta labour market compare with the federal labour market? Were more jobs gained or lost in 2023? What is the outlook for 2024?\nHow can parties tackle staffing and retention challenges during negotiations? Based on the labour market outlook\, is there greater pressure to increase wages\, or make other concessions\, to attract and retain workers?\nWill the recent increases in the federal minimum wage and the Alberta minimum wage affect bargaining\, especially negotiations pertaining to lower-wage workers?\nWhat measures are governments currently likely to prioritize in provincial and federal budgets to ensure economic growth and prosperity? How will these measures affect bargaining?\n\nMorning break 10:30 a.m. – 10:45 a.m. \nPanel 2 - Bargaining Bulletins: Update on major caselaw and legislation\n\n\n \nTeresa Haykowsky\nEmployer Counsel\nMcLennan Ross \n\n\n \nJacqueline L. Lacasse\nGeneral Counsel\nUniversity of Calgary \n\n\n \nBill Rigutto\nUnion Representative\nAlberta Union of Provincial Employees \n\n\n \nPatrick Nugent\nUnion Counsel\nNugent Law \n\n\nIn this session\, experts will examine recent cases and legislative developments with implications for collective bargaining. Panelists will address the latest cases on government intervention in collective bargaining\, cases illustrating key principles of collective agreement interpretation\, noteworthy interest arbitration awards\, and recent labour board decisions. Final selection of topics will take place in the weeks leading up to the conference\, ensuring coverage of the latest and most newsworthy developments. \nLunch 12:00 p.m. – 1:00 p.m. \nPanel 3 - Managing the Message: Expert guidance on communications\, misinformation\, and social media during bargaining\n\n\n \nAdam Cembrowski\nUnion Counsel\nNugent Law Office \n\n\n \nKevin Davediuk\nChief Advisor on Negotiations\nProvincial Bargaining Coordination Office\nGovernment of Alberta \n\n\n \nGabriel Joshee-Arnal\nEmployer Counsel\nNeuman Thompson \n\n\n \nKate Robinson\nNegotiator\nAlberta Union of Provincial Employees (AUPE) \n\n\nCrafting and presenting messages effectively\, accurately\, and lawfully is critical to successful negotiations. In this session\, panelists will discuss strategies for employers and unions seeking to manage communications before\, during\, and after collective bargaining. Specifically\, the panel will address: \n\nWhat key information should be communicated to employees or members during bargaining? How should these communications be framed?\nWhat types of communications with employees are permissible under the Alberta Labour Relations Code during bargaining and what types of practices may be in violation of the Code?\nHow can employers and unions ensure that they get the information needed from each other and from employees in order to determine their bargaining positions?\nHow can employers and unions communicate effectively with one another during bargaining? What are best practices in presenting proposals\, responding to counterproposals\, and bridging an impasse?\nWhat adjustments\, if any\, should bargaining teams make to prepare effectively for communicating proposals and negotiating in a virtual or hybrid environment?\nHas there been an increase in recent years in rejected tentative agreements? Are there communication practices that may help avoid this outcome?\nWhat limits exist\, if any\, on communications with the media during collective bargaining? How should employers and unions respond to unintentional information “leaks”?\nWhat are the advantages and disadvantages of social media during bargaining when organizing employees\, assessing bargaining realities\, and taking into account privacy and confidentiality concerns?\nHow can parties manage misinformation in an increasingly digital world and evaluate the accuracy of information surrounding negotiations?\n\nAfternoon Break 2:15 p.m. – 2:30 p.m. \nPanel 4 - Tech Talk: Experts analyze technology and privacy issues in bargaining\n\n\n \nNicole Denier\nAssistant Professor\nUniversity of Alberta \n\n\n \nErin Ludwig\nLegal Counsel – Employment\, Labour and Privacy\nAlberta Health Services \n\n\n \nLeanne Chahley\nUnion Counsel\nBlair Chahley Klassen \n\n\nIn this session\, expert panelists will provide guidance on addressing\, through collective bargaining\, rapidly progressing technology\, increased monitoring and surveillance capabilities\, and resulting privacy implications for the workplace. Panelists will address questions including: \n\nAre concerns about the impact of artificial intelligence (“AI”) on work overblown? Is this technological advance different from previous technological revolutions that raised concerns about mass unemployment and dehumanization of work? Which jobs and sectors are expected to be most affected?\nWhat key impacts resulting from the use of AI in workplaces should be addressed through collective bargaining? What lessons can be learned from language introduced to address past technological developments?\nWill human resources be taken over by “algorithmic management\,” defined as delegating to algorithms certain managerial tasks such as filtering through applications for employment\, assessing employee performance\, or even making decisions regarding termination of employment? How should parties address the potential use of algorithmic management in collective agreements?\nHow have arbitrators treated the use of emerging monitoring and surveillance technologies intended to measure employee productivity or performance\, such as biometric scanning\, wearables\, GPS tracking\, and keystroke monitoring software? What lessons can be learned from these decisions when negotiating collective agreement language?\nDo employers have a right to engage in off-duty surveillance of employees through digital or technological means? If so\, can this right be limited through collective agreement language?\nAre employees entitled to information about how their employer is using AI and monitoring and surveillance technologies? How much say do unions and their members currently have in what employee information employers collect and how it is used? How can collective bargaining provisions address these issues?\n\nConference ends 3:45 p.m. \nWednesday\, November 22\, 2023Workshop*Workshop sold separately from stand-alone conference. \n9:00 a.m. – 4:00 p.m. \nDifficult Bargaining: Identifying and overcoming obstacles to agreement\n\n\n \nTrevor Sones\nAdjunct Professor\, Sauder School of Business\nUniversity of British Columbia \n\n\n \nChantel Kassongo\nEmployer Counsel\nNeuman Thompson \n\n\n \nMaryna McTague \nUnion Counsel\nSeveny Scott \n\n\nFinding the common ground that makes negotiation of a collective agreement possible can be a difficult process at the best of times. However\, when external factors such as funding cuts and government-imposed mandates seriously limit the options available to unions and employers\, a normally difficult process can become nearly impossible. Is there a way to make the process easier\, or to prevent parties from becoming so entrenched in their own positions and views such that agreement is impossible? \nIn this interactive full-day workshop\, an experienced mediator along with two seasoned negotiators from both sides of the table will provide guidance on effectively using interest-based and other approaches to bargaining. Participants will learn to: \n\nUse more productive strategies when engaged in positional bargaining;\nIdentify situations in which interest-based bargaining can be used effectively;\nCommunicate effectively to identify needs and interests underlying demands;\nGenerate creative options to solve tough problems; and\nBuild and preserve productive union-management relationships through bargaining.\n\nCPDConference CPD\n\n\nThis program has been approved by CPHR Alberta for 5 Continuing Professional Development hours.\n\n\n\n \n\nThis program has been approved by the Law Society of British Colombia for 5 Continuing Professional Development hours.\nThis program has been approved by the Law Society of Saskatchewan for 5 Continuing Professional Development hours.\n\n\nWorkshop CPD\n\n\nThis program has been approved by CPHR Alberta for 5.25 Continuing Professional Development hours.\n\n\n\n \n\nThis program has been approved by the Law Society of British Colombia for 5.25 Continuing Professional Development hours.\nThis program has been approved by the Law Society of Saskatchewan for 5.25 Continuing Professional Development hours.
URL:https://lancasterhouse.com/event/edmonton-bargaining-in-the-broader-public-sector-conference/
LOCATION:University of Alberta Conference Centre\, 11605 87 Ave NW\, Edmonton\, Alberta\, T6G 2H6\, Canada
CATEGORIES:Bargaining in the Broader Public Sector Conference,Conference
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END:VEVENT
BEGIN:VEVENT
DTSTART;VALUE=DATE:20231127
DTEND;VALUE=DATE:20231130
DTSTAMP:20260417T025913
CREATED:20230706T191534Z
LAST-MODIFIED:20240723T174430Z
UID:9001-1701043200-1701302399@lancasterhouse.com
SUMMARY:Vancouver Labour Arbitration and Policy Conference & Bargaining in the Broader Public Sector Conference
DESCRIPTION:Bargaining in the Broader Public Sector ConferenceConference Co-Chairs\n\n \nMeena Brisard\nSecretary – Business Manager\nHospital Employees’ Union (HEU) \n\n\n \nJames Suderman\nExecutive Director\, Negotiations and Member Services\nHealth Employers Association of BC (HEABC) \n\n\nConference Advisory Committee\n\n \nRenzo Del Negro\nDirector of Human Resources\nCity of Coquitlam \n\n\n \nRebecca Maurer\nChief Executive Officer\nPost Secondary Employers’ Association (PSEA) \n\n\n \nStarleigh Grass\nAssistant Director\, Field Services Division\nBritish Columbia Teachers’ Federation (BCTF) \n\n\n \nDouglas Dykens\nExecutive Director of Field Services and Negotiations\nBC General Employees’ Union (BCGEU) \n\n\nLabour Arbitration and Policy ConferenceConference Co-Chairs\n\n \nTina-Marie Bradford\nSenior Litigator\, Advocacy Department\nBC General Employees’ Union (BCGEU) \n\n\n \nClayton Jones\nEmployer Counsel\nFasken Martineau DuMoulin LLP \n\n\n \nGabriel Somjen\nArbitrator/Mediator \n\n\nConference Advisory Committee\n\n \nRyan Copeland\nEmployer Counsel\nRoper Greyell LLP \n\n\n \nPatricia Deol\nUnion Counsel\nKoskie Glavin Gordon \n\n\n \nJennifer Glougie\nChair\nBritish Columbia Labour Relations Board \n\n\n \nJay Sharun\nChief Executive Officer\nNational Collective Bargaining Institute \n\n\n \nBrittany (Britt) Skinner\nDirector\nBC General Employees’ Union (BCGEU) \n\n\nMonday\, November 27\, 2023Bargaining in the Broader Public Sector ConferenceBreakfast: 8:00 am – 9:00 am PT \nIntroductory remarks: 9:00 am – 9:10 am PT \nPanel 1 - Checking the Forecast: Experts examine the economic and fiscal climate for bargaining in B.C. - 9:10 am – 10:30 am PT\nChecking the Forecast: Experts examine the economic and fiscal climate for bargaining in B.C.\n\n\n \nIglika Ivanova\nSenior Economist and Public Interest Researcher\nCanadian Centre for Policy Alternatives \n\n\n \nPaul Todd\nSenior Director\, Labour Relations\nHealth Employers Association of BC (HEABC) \n\n\n \nRichard Tones\nDirector of Negotiations\nBC General Employees’ Union (BCGEU) \n\n\n \nDavid Williams\nVice President of Policy\nBusiness Council of British Columbia \n\n\nIn this session\, experts will examine the economic and fiscal forecast for B.C. and Canada in 2024\, focusing on the implications for collective bargaining. Specifically\, panelists will address: \n\nWhat short- and long-term economic and fiscal trends are experts predicting in 2024 in B.C. and in Canada? How does the outlook in B.C. compare to other provinces and the United States?\nHow should parties address rising costs of living when negotiating wage increases? Beyond general wage increases\, what wage adjustment mechanisms may be employed? Are longer-term wage adjustments such as periodic cost of living adjustments likely to gain traction?\nHow does the current status of the B.C. labour market compare with the federal labour market? Were more jobs gained or lost in 2023? What is the outlook for 2024?\nHow can parties tackle staffing and retention challenges during negotiations? Based on the labour market outlook\, is there greater pressure to increase wages to attract and retain workers?\nWill the recent increases in the federal minimum wage and the B.C. minimum wage affect bargaining\, especially bargaining involving lower-wage workers?\nWhat measures are governments likely to prioritize in provincial and federal budgets to ensure economic growth and prosperity? How will these measures affect bargaining?\n\nMorning break: 10:30 am – 10:45 am PT \nPanel 2 - Bots at the Bargaining Table: Addressing artificial intelligence in negotiations - 10:45 am – 12:00 pm PT\nBots at the Bargaining Table: Addressing artificial intelligence in negotiations\n\n\n \nWendy Wong\nProfessor and Principal’s Research Chair\nUniversity of British Columbia \n\n\n \nErin Cutler\nSenior Legal Director and General Counsel\nHealth Employers Association of BC (HEABC) \n\n\n \nSteven Rogers\nUnion Counsel\nVictory Square Law Office LLP \n\n\nWhen ChatGPT was launched less than a year ago\, the promises and dangers of advanced artificial intelligence moved from the annals of science fiction to the front page of newspapers. While fears about automation killing jobs are not unique to this latest technological revolution\, the concerns this time have shifted from work involving repetitive tasks and physical effort to white collar\, creative\, and intellectual work. The recent Writers’ Guild strike and the SAG AFTRA strike bear witness to the encroachment of machines into types of work that had long been thought to require uniquely human faculties. In this session a panel of experts will discuss the potential impact of AI on work in the broader public sector and offer their thoughts on how the impact should be addressed at the bargaining table. \n\nWhat aspects of work in the broader public sector are most likely to be affected by AI? Is employee privacy the primary concern? Replacement of workers? Work intensification?\nShould both employers and unions lobby government for increased regulation of AI and its effects on work and workers? If so\, what should they be asking for? Is there any common ground?\nAre concerns about AI displacing workers adequately addressed by “adjustment plans” required by the B.C. Labour Relations Code or by standard “technological change” provisions?\nHow should collective agreements address concerns about work intensification related to AI? Would standard “workload provisions” help? What about psychological health and safety provisions?\nHow should employers and unions address the potential use of algorithmic management\, which is defined as delegating to algorithms certain managerial tasks such as filtering through applications for employment\, assessing employee performance\, or even making decisions regarding termination of employment under collective agreements?\n\nLunch: 12:00 pm – 12:50 pm PT \nPanel 3 - Labour Law Lightning Round: Flash focus on real-life contract provisions and issues - 12:50 pm – 2:20 pm PT\nLabour Law Lightning Round: Flash focus on real-life contract provisions and issues\n\n\n \nStarleigh Grass\nAssistant Director\, Field Services Division\nBritish Columbia Teachers’ Federation (BCTF) \n\n\n \nEric Ito\nEmployer Counsel\nCooperwilliams Truman LLP \n\n\n \nWilliam Skinner\nStrategic Negotiations Lead\nHealth Employers Association BC (HEABC) \n\n\n \nJadine (Jay) Lannon\nUnion Counsel\nForte Law \n\n\n \nStefanie Quelch\nLegal Counsel\nBritish Columbia Teachers’ Federation (BCTF) \n\n\n \nJeanne Meyers\nGeneral Counsel and Executive Director of Legal Services and Labour Relations\nHealth Sciences Association of British Columbia (HSABC) \nLead Negotiator\nHealth Sciences Professionals Bargaining Association \nUnion Counsel\nAllevato Quail Roy \n\n\nIn this session\, panelists will highlight real-life collective agreement language recently negotiated to address current and pressing workplace issues. Topics covered in this panel will be finalized in the weeks prior to the conference\, ensuring coverage of the latest collective agreement language and the most relevant workplace issues. However\, topics currently under consideration include emerging changes to leave provisions; reconciliation in the workplace; privacy\, monitoring and surveillance; emergency-related procedures (relating to climate change/pandemics); and remote work. \nAfternoon break: 2:20 pm – 2:35 pm PT \nPanel 4 - Managing the Message: Expert guidance on communications\, misinformation\, and social media during bargaining - 2:35 pm – 3:50 pm PT\nManaging the Message: Expert guidance on communications\, misinformation\, and social media during bargaining\n\n\n \nKindrée Draper\nDirector\, Corporate Relations\nPublic Sector Employers’ Council (PSEC) Secretariat \n\n\n \nCaelie Frampton\nDirector of Communications\nHospital Employees’ Union (HEU) \n\n\n \nLynsey Gaudin\nEmployer Counsel\nMLT Aikins \n\n\n \nWill Clements\nUnion Counsel\nKoskie Glavin Gordon \n\n\nCrafting and presenting messages effectively\, accurately\, and lawfully is critical to successful negotiations. In this session\, panelists will discuss strategies for employers and unions seeking to manage communications before\, during\, and after collective bargaining. Specifically\, the panel will address: \n\nWhat key information should be communicated to employees or members during bargaining? How should these communications be framed?\nWhat types of communications with employees are permissible under the B.C. Labour Relations Codeduring bargaining and what types of practices may be in violation of the Code?\nHow can employers and unions ensure that they get the information needed from each other and from employees in order to determine their bargaining positions?\nHow can employers and unions communicate effectively with one another during bargaining? What are best practices in presenting proposals\, responding to counterproposals\, and bridging an impasse?\nWhat adjustments\, if any\, should bargaining teams make to prepare effectively for communicating proposals and negotiating in a virtual or hybrid environment?\nHas there been an increase in recent years in rejected tentative agreements? Are there communication practices that may help avoid this outcome?\nWhat limits exist\, if any\, on communications with the media during collective bargaining? How should employers and unions respond to unintentional information “leaks”?\nWhat are the advantages and disadvantages of social media during bargaining when organizing employees\, assessing bargaining realities\, and taking into account privacy and confidentiality concerns?\nHow can parties manage misinformation in an increasingly digital world and evaluate the accuracy of information surrounding negotiations?\n\nNetworking reception: 4:00 pm – 5:00 pm PT \nConference ends: 5:00 pm PT \nTuesday\, November 28\, 2023Labour Arbitration and Policy ConferenceBreakfast: 8:00 am – 9:00 am PT \nIntroductory remarks: 9:00 am – 9:10 am PT \nPanel 1 - Notable and Newsworthy: Experts address key cases and legislative developments - 9:10 am – 10:40 am PT\nNotable and Newsworthy: Experts address key cases and legislative developments\n\n\n \nDanny Bernstein\nEmployer Counsel\nRoper Greyell LLP \n\n\n \nJitesh Mistry\nLabour Arbitrator/Mediator\nMistry ADR \n\n\n \nSara Malkin\nEmployer Counsel\nMathews Dinsdale & Clarke LLP \n\n\n \nJeff Sanders\nUnion Counsel\nVictory Square Law Office LLP\n\n\n \nKirby Smith\nUnion Counsel\nKoskie Glavin Gordon \n\n\nIn this session\, experts will discuss recent caselaw\, addressing topics such as surveillance and monitoring\, off-duty conduct\, sick leave and vaccination policies\, discrimination and accommodation\, and significant remedial awards. The panel will also discuss recent noteworthy legislative amendments. Final selection of topics will take place in the weeks leading up to the conference\, ensuring coverage of the latest and most important developments. \nMorning break: 10:40 am – 11:00 am PT \nPanel 2 - Digital Dignity: Protecting privacy in an era of workplace surveillance - 11:00 am – 12:15 pm PT\nDigital Dignity: Protecting privacy in an era of workplace surveillance\n\n\n \nStefanie Ratjen\nStaff Representative\nBC General Employees’ Union (BCGEU) \n\n\n \nMarino Sveinson\nEmployer Counsel\nPulver Crawford Munroe \n\n\n \noline Twiss\nDeputy Commissioner and Deputy Registrar\nOffice of the Information and Privacy Commissioner (OIPC) BC \n\n\nIn this session\, experts will examine the use of emerging technologies in the workplace and the boundaries of privacy rights in an increasingly digital world. Specifically\, panelists will address: \n\nHave arbitral approaches evolved in recent years when it comes to balancing employee privacy rights with an employer’s interest in ensuring productivity\, safety\, and compliance? How have arbitrators treated the use of emerging technologies such as biometric scanning\, GPS tracking\, and enhanced audio and video surveillance systems?\nWhat lessons can be learned from these decisions for monitoring and surveilling employees working from home? Can employers implement policies and practices that allow for “always on” webcam policies\, keystroke monitoring software\, and other technological means of closely tracking employees’ behaviour? Is a reasonable suspicion of “time theft” first required?\nHas there been a change in terms of what constitutes a “reasonable expectation of privacy” in information saved to or accessed from work devices? How is the analysis impacted where an employee is using their work device for personal matters or vice versa?\nIs it permissible for employers or employees to record workplace interactions? With most parties now having readily available cellphones capable of recording audio and video\, has this practice become more acceptable?\nWhat off-duty privacy rights and protections do employees enjoy\, if any? Do employees have a reasonable expectation of privacy in information shared to forums such as Facebook\, Instagram\, etc.\, where the information is accessible online but available only to users selected by the employee?\nHow do the privacy rights of job applicants differ from the rights of existing employees? Under current laws\, would an employer be permitted to use software to conduct a personality profile of job applicants based on their internet activity?\n\nLunch: 12:15 pm – 1:15 pm PT \nPanel 3 - Potholes on the Road to Justice: Addressing delay\, abuse of process\, and undue legalization in arbitration - 1:15 pm – 2:30 pm PT\nPotholes on the Road to Justice: Addressing delay\, abuse of process\, and undue legalization in arbitration\n\n\n \nJessica Gregory\nArbitrator\, Mediator and Investigator \n\n\n \nRobyn Trask\nGeneral Counsel\nBC Teachers’ Federation (BCTF) \n\n\n \nJennifer Wiegele\nEmployer Counsel\nMathews\, Dinsdale & Clark LLP \n\n\nArbitration procedures have evolved significantly in recent years. Parties and practitioners have raised concerns about judicialization\, the timeliness of the process\, difficulties in selecting arbitrators\, and the ability to address abuse of process effectively. In this session\, experts will address the following: \n\nWhat common bottlenecks do parties encounter in the arbitral process? How can labour practitioners eliminate unnecessary delays?\nDoes the growing legalism of arbitration undermine its unique advantages\, or is it necessary to ensure procedural protections for parties?\nWhat options exist outside of the conventional arbitration process? In what circumstances should parties consider these alternatives?\nCan parties reduce arbitration timelines by using virtual or hybrid formats? Is there room to automate arbitration processes by using artificial intelligence?\nHow are new arbitrators trained and selected? How can parties be encouraged to select newer and more diverse arbitrators?\n\nAfternoon break: 2:30 pm – 2:45 pm PT \nPanel 4 - Addressing the Unknown: Arbitrators respond to the use of artificial intelligence - 2:45 pm – 3:45 pm PT\nAddressing the Unknown: Arbitrators respond to the use of artificial intelligence\n\n\n \nRichard Coleman\nArbitrator/Mediator \n\n\n \nMichela Fiorido\nEmployer Counsel\nHarris & Co. \n\n\n \nSebastien Anderson\nUnion Counsel\nLabour Rights Law \n\n\nGiven the lack of Canadian precedents on the use of AI to manage employees (i.e. “algorithmic management”)\, this session will provide employers and unions with the best available insight into how a grievance against algorithmic management would be mounted\, defended\, and decided in British Columbia. Using a real union challenge to an employer’s use of AI drawn from US caselaw\, experienced counsel and arbitrators will address the following questions: \n\nWhat principles in existing arbitral jurisprudence are likely to be invoked to challenge an employer’s use of algorithmic management? Is there any legislation that might constrain an employer’s use of AI in evaluating employee performance?\nCan employers rely on management rights to justify the use of AI to evaluate employee performance and manage employees?\nWhat arguments for and against the use of algorithmic management might British Columbia arbitrators find most compelling?\n\nConference ends: 4:00 pm PT \nWednesday\, November 29\, 2023Workshops*Workshops sold separately from stand-alone conference. \n9:00 a.m. – 4:00 p.m. PT \nLabour Arbitration and Policy Conference WorkshopCrafting Consensus: Strategies for effective advocacy at mediation\n\n\n \nEric Ito\nEmployer Counsel\nCooperwilliams Truman LLP \n\n\n \nJohn McConchie\nArbitrator/Mediator \n\n\n \nTamara Ramusovic\nUnion Counsel\nMoore Edgar Lyster LLP \n\n\nIn this workshop\, panelists will provide expert guidance on effectively using mediation to resolve grievances. The session will cover practical skills and key legal concepts\, equipping attendees to: \n\nRecognize when it is appropriate to use mediation to seek to resolve a grievance;\nPrepare appropriately for the mediation;\nCommunicate effectively and use different negotiating styles to relay a position\, understand opposing parties’ interests and objectives\, and bridge impasses;\nRecognize how power imbalances and “invisible” barriers may impact the mediation process and take steps to address those barriers;\nApply key legal and practical considerations in crafting settlement agreements; and\nRecognize when settlement is unlikely and arbitration is necessary.\n\nBargaining in the Broader Public Sector Conference WorkshopBargaining Essentials: Skills\, tools\, and strategies for effective collective bargaining\n\n\n \nLeanne Bowes\nExecutive Director\nBC Public School Employers’ Association \n\n\n \nJeremy Bryant\nUnion Counsel\nBanister & Company \n\n\n \nAmanda Rogers\nArbitrator\, Mediator\, Lawyer \n\n\nAchieving successful bargaining outcomes requires strategy\, skill\, and the acumen to adapt. In this workshop\, experts will guide participants through the process of bargaining from the first meeting of parties up until a final agreement (or strike or arbitration). Experienced bargainers are encouraged to attend\, comment on scenarios\, and discuss their experiences with fellow bargainers. Attendees will hear panel discussions and work through scenarios highlighting a variety of bargaining essentials\, including: \n\nSetting ground rules for bargaining;\nTabling proposals and responding to counter-proposals;\nHandling package offers;\nDealing with late proposals;\nAnticipating and preparing responses;\nCommunicating with principals\, members\, and employees and respecting confidentiality;\nAddressing both parties’ priorities and developing strategies to bridge impasses;\nUnderstanding which issues can and cannot be taken to impasse;\nAnalyzing risks of lockouts and strikes;\nExploring options of mediation or interest arbitration where available; and\nFinalizing agreements.\n\n  \nCPDBargaining in the Broader Public Sector Conference CPD\n\n\nThis program has been approved by CPHR BC & Yukon for 5.2 Continuing Professional Development hours.\n\n\n\n\nThis program has been approved by CPHR Alberta for 5.2 Continuing Professional Development hours.\n\n\n\n\n \n\nThis program has been approved by the Law Society of British Columbia for 5.2 Continuing Professional Development hours.\n\n\n\nVancouver Labour Arbitration and Policy Conference CPD\n\n\nThis program has been approved by CPHR BC & Yukon for 5 Continuing Professional Development hours.\n\n\n\n\nThis program has been approved by CPHR Alberta for 5 Continuing Professional Development hours.\n\n\n\n\n \n\nThis program has been approved by the Law Society of British Columbia for 5 Continuing Professional Development hours.\n\n\n\nBargaining in the Broader Public Sector Workshop CPD\n\n\nThis program has been approved by CPHR BC & Yukon for 5.5 Continuing Professional Development hours.\n\n\n\n\nThis program has been approved by CPHR Alberta for 5.5 Continuing Professional Development hours.\n\n\n\n\n \n\nThis program has been approved by the Law Society of British Columbia for 5.5 Continuing Professional Development hours.\n\n\n\nVancouver Labour Arbitration and Policy Workshop CPD\n\n\nThis program has been approved by CPHR BC & Yukon for 5.5 Continuing Professional Development hours.\n\n\n\n\nThis program has been approved by CPHR Alberta for 5.5 Continuing Professional Development hours.\n\n\n\n\n \n\nThis program has been approved by the Law Society of British Columbia for 5.5 Continuing Professional Development hours.
URL:https://lancasterhouse.com/event/vancouver-labour-arbitration-and-policy-conference/
LOCATION:The Hyatt Regency Vancouver\, 655 Burrard Street.\, Vancouver\, B.C.\, Canada
CATEGORIES:Bargaining in the Broader Public Sector Conference,Conference,Labour Arbitration and Policy Conference
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