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DTSTART;VALUE=DATE:20231204
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SUMMARY:Toronto Bargaining in the Broader Public Sector Conference & Labour Arbitration and Policy Conference
DESCRIPTION:Bargaining in the Broader Public Sector ConferenceConference Co-Chairs\n\n \nMichael Sherrard\nEmployer Counsel\nSherrard Kuzz LLP \n\n\n \nNini Jones\nUnion Counsel\nJones Pearce LLP \n\n\nHotel X Toronto - Group Rates\nLancaster House has reserved a block of rooms at Hotel X for this conference event. The stay dates are between December 3rd to December 7th 2023.\nPlease call Hotel X at 1-647-943-9244\, or contact via email at Stay@hotelxtoronto.com to check on the availability and group rates. \nConference Advisory Committee\n\n \nCasey Dockendorff\nEmployer Counsel\nFilion Wakely Thorup Angeletti LLP \n\n\n \nAndrew Hall\nConsultant\nHall Labour Relations Services Professional Corporation \n\n\n \nMatthew Hrycyna\nGrievance Officer\nOntario Public Service Employees Union (OPSEU) \n\n\n \nGavin Leeb\nGeneral Counsel\nUniversity of Toronto Faculty Association \n\n\nLabour Arbitration and Policy ConferenceConference Co-Chairs\n\n \nMarcia Barry\nLegal Counsel\nOntario English Catholic Teachers’ Association \n\n\n \nEdith Bramwell\nChairperson \nFederal Public Sector Labour Relations and Employment Board \n\n\n \nDaniel Wong\nEmployer Counsel\nWeirFoulds LLP \n\n\nConference Advisory Committee\n\n \nShiran Brener\nCounsel\nOntario Treasury Board Secretariat \n\n\n \nSarah Crossley\nEmployer Counsel\nFilion Wakely Thorup Angeletti LLP \n\n\n \nRon Franklin\nUnion Counsel\nFranklin Law \n\n\n \nArchana Mathew\nIntern\, Arbitrator Development Program \n(Formerly Grievance Officer\, OPSEU) \n\n\n \nMarilyn Nairn\nArbitrator \n\n\nMonday\, December 4\, 2023Bargaining in the Broader Public Sector ConferenceBreakfast: 8:00 a.m. – 9:00 a.m.\nIntroductory remarks: 9:00 a.m. – 9:10 a.m.\nPanel 1 - Checking the Forecast: Experts examine the economic and fiscal climate for bargaining in Ontario - 9:10 a.m. – 10:30 a.m.\n\n\n \nRobert Kavcic \nSenior Economist and Director of Economics\nBMO \n\n\n \nAngella MacEwen\nSenior Economist\nCUPE \n\n\nIn this session\, experts will examine the economic and fiscal forecast for Ontario and Canada in 2024\, focusing on the implications for collective bargaining. Specifically\, the panel will address: \n\nWhat short- and long-term economic and fiscal trends are experts predicting in 2024 in Ontario and in Canada? How does the outlook in Ontario compare to other provinces and the United States?\nHow should parties address rising costs of living/inflation 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 Ontario 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 Ontario minimum wage affect bargaining\, especially negotiations pertaining to lower-wage workers?\nWhat measures are governments likely to prioritize in 2024 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 - 10:45 a.m. – 12:00 p.m.\n\n\n \nChristopher Pigott\nEmployer Counsel\nFasken Martineau \n\n\n \nElizabeth Keenan\nEmployer Counsel\nMathews Dinsdale \n\n\n \nKirsty Niglas-Collins\nUnion Counsel\nUnified LLP \n\n\n \nAleisha Stevens\nUnion Counsel\nCaleyWray \n\n\nIn this session\, experts will examine recent cases and legislative developments with implications for collective bargaining. Panelists will address the latest decisions on government intervention in collective bargaining\, cases illustrating key principles of collective agreement interpretation\, noteworthy interest arbitration awards\, and recent labour board rulings. 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. – 12:50 a.m.\nKeynote Speaker – Bots at the Bargaining Table: What is the future for workers? - 12:50 p.m. – 1:15 p.m.\nBots at the Bargaining Table: What is The Future For Workers?\n\n\n \nArmine Yalnizyan\nEconomist \n\n\nArtificial Intelligence has captured the headlines\, triggering both optimism and anxiety in both workers and management. But how could the public sector be impacted by these trends in technology? This keynote address\, delivered by Canada’s leading economic thinker on the future of work\, will provide a whirlwind tour through the issues you will be dealing with on both sides of the bargaining table during your next round of negotiations. \nPanel 3 - Labour Law Lightning Round: Flash focus on real-life contract provisions and issues - 1:15 p.m. – 2:30 p.m.\n\n\n \nSundeep Gokhale\nEmployer Counsel\nSherrard Kuzz \n\n\n \nCheryl Wiles Pooran\nEmployer Counsel\nPooranLaw \n\n\n \nMary Claire Bass\nEmployer Counsel\nBass & Associates \n\n\n \nNicole Gauthier\nExecutive Officer and Chief Negotiator\nOSSTF Toronto \n\n\n \nKimiko Inouye\nDirector of Collective Bargaining at the Ontario Confederation of University Faculty Associations \n\n\n \nEmily Home\nUnion Counsel\nUrsel Phillips Fellows Hopkinson LLP \n\n\nIn this session\, panelists will highlight real-life collective agreement clauses 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 work-life balance and remote work.Afternoon break: 2:30 p.m. – 2:45 a.m.\nPanel 4 - Managing the Message: Expert guidance on communications\, misinformation\, and social media during bargaining - 2:45 p.m. – 4:00 p.m.\n\n\n \nShane Gonsalves\nManaging Director\, Government & Public Affairs\nOntario Public School Boards’ Association \n\n\n \nCraig Lawrence\nEmployer Counsel\nDentons \n\n\n \nLauren Pearce\nUnion Counsel\nJones Pearce \n\n\n \nShannon Devine\nDepartment Head\, Communications and Political Action\nUSW \n\n\nPresenting 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 Ontario Labour Relations Actduring bargaining and what types of practices may be in violation of the Act?\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\nBora Laskin Award DinnerCocktail reception: 4:30 p.m. – 6:00 p.m.\nDinner: 6:00 p.m. – 8:00 p.m.\nTuesday\, December 5\, 2023Labour Arbitration and Policy ConferenceBreakfast: 8:00 a.m. – 9:00 a.m.\nIntroductory remarks: 9:00 a.m. – 9:10 a.m.\nPanel 1 - Notable and Newsworthy: Experts address key cases and legislative developments - 9:10 a.m. – 10:30 a.m.\n\n\n \nPaul Meier\nCounsel\nOntario Treasury Board Secretariat \n\n\n \nErin Porter\nEmployer Counsel\nFasken \n\n\n \nChris Dassios\nGeneral Counsel\nPower Workers’ Union \n\n\n \nJorge Hurtado\nUnion Counsel\nMorrison Watts \n\n\nIn this session\, experts will highlight recent and noteworthy cases on significant workplace issues\, such as privacy\, off-duty conduct\, discipline\, and accommodation\, as well as cases addressing procedural aspects of the arbitral process. Panelists will also discuss recent provincial and federal 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.Break: 10:30 a.m. – 10:45 a.m.\nPanel 2 - Potholes on the Road to Justice: Addressing delay\, abuse of process\, and undue legalization in arbitration - 10:45 a.m. – 12:00 p.m.\n\n\n \nJohn McNamee\nArbitrator \n\n\n \nAmanda Hunter\nEmployer Counsel\nHunter Liberatore Law LLP \n\n\n \nMichael Hancock\nGeneral Counsel\nUFCW 1006a \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? What can be done to 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?\nWhat can be done to ensure the availability of a sufficient pool of arbitrators?\nHow are new arbitrators trained and selected? How can parties be encouraged to select newer and more diverse arbitrators?\n\nLunch: 12:00 p.m. – 1:00 p.m.\nPanel 3 - Ask an Arbitrator: Arbitrators weigh in on questions about AI and privacy - 1:00 p.m. – 2:15 p.m.\n\n\n \nLisa Goodfellow\nEmployer Counsel\nMiller Thompson \n\n\n \nJerry Raso\nLegal Counsel\nOntario English Catholic Teachers’ Association \n\n\n \nKevin Banks\nArbitrator \n\n\nGiven the lack of Canadian arbitration decisions on the use of AI to select and manage employees\, this session will provide employers and unions with the best available insight into how grievances against such uses of AI would be mounted\, defended\, and decided in Ontario. Experienced union and management counsel will join an arbitrator to discuss a union challenge to algorithmic management drawn from US caselaw and a challenge to a program designed to vet job candidates. Specific issues to be addressed include: \n• What principles in existing arbitral jurisprudence or legislative provisions could be invoked to challenge an employer’s use of algorithmic management (i.e. use of AI and data to manage employees)?\n• Can employers rely on management rights to justify the use of AI to evaluate employee performance and manage employees?\n• What arguments for and against the use of algorithmic management would Ontario arbitrators find most compelling?\n• What legal concerns are raised when an employer uses AI to assess candidates’ suitability for positions?\n• What privacy concerns are raised by using AI to evaluate job applicants based on their internet activity? \nBreak: 2:15 p.m. – 2:30 p.m.\nPanel 4 - Discrimination and Harassment: Experts examine key cases\, evolving arbitral perspectives\, evidentiary considerations\, and more - 2:30 p.m. – 3:45 p.m.\n\n\n \nYola Grant\nArbitrator/Mediator \n\n\n \nKathryn Bird\nEmployer Counsel\nOgletree Deakins \n\n\n \nJane Mulkewich\nLegal Director\nUFCW Local 175 \n\n\nThis panel will explore evolving arbitral perspectives with respect to discrimination and harassment and examine systemic barriers in grievance and arbitration processes. Specifically\, panelists will discuss: \n\nWhat do recent decisions suggest about how arbitral approaches are evolving with respect to discrimination and harassment claims? Are damage awards increasing? Is there a greater willingness to impose discipline?\nHow does systemic discrimination influence decisions about how grievances are handled\, including which should proceed to arbitration?\nHow have arbitrators applied the Supreme Court of Canada’s decision in Northern Regional Health Authority v. Horrocks when determining whether they have jurisdiction to hear a discrimination or harassment grievance?\nWhat evidence must be presented at arbitration to establish discrimination and harassment claims? What are best practices when presenting this evidence? When is it necessary or appropriate to present expert evidence – for example\, on unconscious or implicit biases?\nShould parties use non-disclosure agreements or clauses when settling discrimination- or harassment-related grievances? Is legislative prohibition of NDAs a likely prospect?\nWhat policy updates should employers and unions implement to address discrimination and harassment claims and ensure that such grievances are not improperly prevented from reaching arbitration?\n\nConference ends: 3:50 p.m.\nWednesday\, December 6\, 2023*Workshop sold separately from conference. \nBargaining In The Broader Public Sector Conference: WorkshopInterest Arbitration: Current Issues\, Proven Practices\n\n\n \nAndrew Hall\nConsultant\nHall Labour Relations Services Professional Corporation \n\n\n \nNorman Jesin\nArbitrator \n\n\n \nJeffrey Sack\nLabour Relations Counsel \n\n\nThis interactive session on interest arbitration will be conducted by an experienced arbitrator\, together with seasoned union and management nominees. Participants will explore the state of the art in various aspects of interest arbitration\, including research and preparation\, case presentation\, process issues\, substantive law\, and tactics and strategies. \nAttendees can expect to learn principles and practices relating to: \n\nSelection of an arbitrator;\nPreparation for mediation meetings and arbitration hearings;\nPresentation of briefs and documents at arbitration;\nAlternative formats including conventional arbitration\, med-arb\, arb-med\, and first contract arbitration;\nCriteria applied by arbitrators\, including replication/comparability\, demonstrated need\, and total compensation;\nProcess issues\, including standard ground rules\, package bargaining\, admissibility of exchanges during negotiations\, propriety of late demands\, estoppel\, arbitrability of proposed exclusions\, impact of post-hearing settlements\, and effect of pattern-setting awards;\nSubstantive topics\, such as wage determination\, impact of inflation\, staffing\, contracting out\, appropriate benefit levels\, etc.;\nEffective remedies\, including interim awards\, retroactive decisions\, referral to further negotiation\, final orders.\n\nThe emphasis in the workshop will be on interactive learning\, practical advice\, and role-playing. At the same time\, materials will be provided that reflect up-to-date arbitration caselaw. \nCPDBargaining in the Broader Public Sector Conference CPD\n\n\n \n\nThis program has been approved for 5.5 Continuing Professional Development hours under Section A3 of the Recertification Log of the Human Resource Professionals Association.\nMembers of the Law Society of Ontario may consider counting this program for 5.5 substantive hours; 0 professionalism hours.\n\n\n\nLabour Arbitration and Policy Conference CPD\n\n\n \n\nThis program has been approved for 5 Continuing Professional Development hours under Section A3 of the Recertification Log of the Human Resource Professionals Association.\nMembers of the Law Society of Ontario may consider counting this program for 5 substantive hours; 0 professionalism hours.\n\n\n\nWorkshop CPD\n\n\n \n\nThe 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.\nMembers of the Law Society of Ontario may consider counting The Post-Conference Workshops for 5.5 substantive hours; 0 professionalism hours\, each.
URL:https://lancasterhouse.com/event/toronto-labour-arbitration-and-policy-conference/
LOCATION:Beanfield Centre\, 105 Princes' Blvd\, Toronto\, Ontario\, M6K 3C3\, Canada
CATEGORIES:Bargaining in the Broader Public Sector Conference,Conference,Labour Arbitration and Policy Conference
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