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DTSTART;VALUE=DATE:20241211
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SUMMARY:Toronto Labour Arbitration and Policy Conference & Bargaining in the Broader Public Sector Conference
DESCRIPTION:Bargaining In The Broader Public Sector Conference\n\n\n\n\nConference Co-Chairs\n\n \nAdrienne Lei\nUnion Counsel\nDewart Gleason \n\n\n \nCheryl Wiles Pooran\nEmployer Counsel\nPooranLaw \n\n\nConference Advisory Committee\n\n \nLiam McCarthy\nDirector of the Negotiations and Programs Branch\nPublic Service Alliance of Canada \n\n\n \nDymphna Walko-Channan\nHuman Resource Manager\, Employee & Labour Relations\nCity of Toronto \n\n\n \nCynthia Watt\nVice President\nAMAPCEO \n\n\n \nRyan Wood\nNegotiator and Economist\nBass Associates \n\n\nLabour Arbitration And Policy ConferenceConference Co-Chairs\n\n \nTim Gleason\nUnion Counsel\nDewart Gleason LLP \n\n\n \nDale Hewat\nArbitrator/Mediator \n\n\n \nErin Kuzz\nEmployer Counsel\nSherrard Kuzz LLP \n\n\nConference Advisory Committee\n\n \nAmandi Esonwanne\nSolicitor\nCity of Toronto \n\n\n \nAdrienne Liang\nLegal Counsel\nOntario Public Service Employees’ Union (OPSEU) \n\n\n \nPaul Meier\nSenior Counsel\nOntario’s Treasury Board Secretariat \n\n\n \nKate Shao\nUnion Counsel\nPaliare Roland Rosenberg Rothstein LLP \n\n\nWednesday\, December 11\, 2024Workshops*Workshops sold separately from stand-alone conference. \n\n\n\n\n\nTime\nSchedule\n\n\n\n\nBreakfast\n8:00 am – 9:00 am ET\n\n\nWorkshop\n9:00 am – 10:25 am ET\n\n\nMorning Break\n10:25 am – 10:40 am ET\n\n\nWorkshop\n10:40 am – 12:00 pm ET\n\n\nLunch\n12:00 pm – 1:00 pm ET\n\n\nWorkshop\n1:00 pm – 2:20 pm ET\n\n\nAfternoon Break\n2:20 pm – 2:35 pm ET\n\n\nWorkshop\n2:35 pm – 4:00 pm ET\n\n\nWorkshop Ends\n4:00 pm ET\n\n\n\n\nBargaining In The Broader Public Sector Conference WorkshopAdvanced Skills in Bargaining: Overcoming roadblocks\, costing benefits\, crafting language\n\n\n \nDonna Walrond\nEmployment lawyer\nBass Associates \n\n\n \nRishi Bandhu\nArbitrator\nRishi Bandhu Dispute Resolutions\nVice-Chair\nOntario Labour Relations Board (OLRB) \n\n\n \nDavid Jacobs\nUnion Counsel\nWatson Jacobs Bosnick LLP \n\n\nIn this interactive\, full-day workshop\, experts will help participants hone their bargaining skills\, with a focus on overcoming negotiation challenges\, determining the cost of benefits\, and crafting collective agreement language. By examining both employer and union-side perspectives and delving into case scenarios\, attendees will gain expertise necessary to craft clear\, compelling\, and innovative collective agreement language. \nLabour Arbitration And Policy Conference WorkshopReading it Right: Essential and emerging principles of collective agreement interpretation\n\n\n \nEvan Daikov\nEmployer Counsel\nRae Christen Jeffries LLP \n\n\n \nYasmeena Mohamed\nArbitrator/Mediator\nYM Arbitration & Mediation Services \n\n\n \nDijana Simonovic\nSenior Legal Counsel\nUnifor \n\n\nAn understanding of the principles of contract interpretation is indispensable for anyone involved in the negotiation or administration of a collective agreement. In this workshop\, experienced practitioners will equip participants with the knowledge needed to deal effectively with the wide array of interpretation issues that may arise in a unionized setting. The workshop will address topics including: \n\nWhat are the most commonly applied rules of collective agreement interpretation?\nWhat is the difference between the “plain meaning” approach and a “purposive” approach?\nWhat are “implied terms” of a collective agreement? How do they affect the interpretation of the express language of the contract?\nHow do arbitrators reconcile negotiated contract language and the contrary provisions of employment-related statutes\, e.g. human rights and employment standards legislation?\nWhen can evidence of collective bargaining history\, past practice\, or statements made during negotiations be used as an aid to interpretation?\nWhat is “contextual evidence\,” as set out by the Supreme Court of Canada in the Sattva case? In what circumstances can evidence of surrounding circumstances be admitted and relied upon to shed light on the meaning of a disputed clause?\nHow have arbitrators applied essential and emerging principles of interpretation in recent decisions and what lessons can be learned from these cases?\nHow has the doctrine of estoppel been applied in recent arbitration cases?\n\nThursday\, December 12\, 2024Bargaining In The Broader Public Sector ConferenceBreakfast: 8:00 am – 9:00 am ET \nIntroductory remarks: 9:00 am – 9:05 am ET \nPanel 1 - Checking the Financial Forecast: Bargaining in Ontario’s 2025 economy - 9:05 am – 10:20 am ET\n\n\n \nDoug Porter\nChief Economist and Managing Director\, Economics\nBMO \n\n\n \nElpis Law\nNegotiator\, Labour Relations Officer\, Equity Champion\, and Trainer\nPublic Service Alliance of Canada \n\n\n \nMichele White\nAssociate\nBass & Associates \n\n\n \nArmine Yalnizyan\nEconomist and Atkinson Fellow on the Future of Workers\nAtkinson Foundation \n\n\nIn this session\, expert panelists will explore 2025 economic and fiscal forecasts and their implications for bargaining\, focusing on settlements and awards. Specifically\, the panel will discuss: \n\nWhat short- and long-term economic trends are experts predicting Canadians will experience in 2025 in Ontario? Canada? The United States?\nAre inflation and cost-of-living projected to increase in 2025?\nWhat impact will raising Ontario’s minimum wage to $17.20 have on bargaining?\nWhat key non-monetary demands are emerging at the bargaining table in the current climate?\nWhat measures are governments likely to prioritize in 2025 provincial and federal budgets to promote economic growth and prosperity?\n\nBreak: 10:20 am – 10:35 am ET \nPanel 2 - Rapid Refresher: Experts discuss key decisions and legislation affecting bargaining - 10:35 am – 11:50 am ET\n\n\n \nJorge Hurtado\nUnion Counsel\nMorrison Watts \n\n\n \nEdward W. Snetsinger\nEmployer Counsel\nSherrard Kuzz \n\n\n \nDeanna Webb\nArbitrator\, Mediator and Workplace Investigator\nDW Workplace Resolutions \n\n\nIn this session\, panelists will examine recent decisions\, legislative changes\, and other developments impacting bargaining in the public sector. Final topics will be selected in the weeks prior to the conference to ensure coverage of the latest and most important developments. However\, items currently under consideration include: \n\nRecent court\, labour arbitration\, and labour board decisions addressing:\n\nFreedom of association and government involvement in collective bargaining\nUnfair labour practices and violations of statutory freeze provisions\nKey issues at interest arbitration\, including inflation and staffing and recruitment issues\n\n\nRecent legislative initiatives including:\n\nFederal legislation to ban the use of strike replacement workers\nProvincial legislation amending the Employment Standards Act\, Occupational Health and Safety Act\, and the Workplace Safety and Insurance Act\n\n\nRecent noteworthy collective agreements and strike actions\nCurrent labour relations trends\, including artificial intelligence\, remote work\, and the right to disconnect\n\nLunch: 11:50 am – 1:00 pm ET \nPanel 3 - Tech Talks: Addressing technological change\, surveillance\, monitoring\, and AI at the bargaining table - 1:00 pm – 2:20 pm ET\n\n\n \nNicole Gauthier\nExecutive Officer and Chief Negotiator\nOSSTF Toronto \n\n\n \nDr. Peter Lewis\nCanada Research Chair in Trustworthy Artificial Intelligence \nAssociate Professor\nComputer Science\nOntario Tech University \n\n\n \nAlan McCallum\nEmployer Counsel\nPooranLaw \n\n\nIn this session\, expert panelists will provide guidance\, through collective bargaining\, on rapidly progressing technology and expanding monitoring and surveillance capabilities. 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?\nWhat aspects of work in the broader public sector are most likely to be affected by AI?\nDoes existing federal or provincial legislation set any limits on the use of AI in the workplace? What legislative initiatives are currently undergoing debate and how may they impact workplace parties if passed?\nWhat key impacts resulting from the use of AI in workplaces should be addressed through collective bargaining? Are concerns about AI adequately addressed by standard “technological change” provisions?\nHow should employers and unions address the potential use of algorithmic management\, e.g. 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?\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?\nHow can parties address concerns about work intensification related to AI\, monitoring\, and surveillance through collective bargaining? Would standard “workload provisions” help? What about psychological health and safety provisions?\nAre employees entitled to information about how their employer is using AI and monitoring and surveillance technologies? Can this be addressed through collective bargaining?\n\nBreak: 2:20 pm – 2:35 pm ET \nPanel 4 - Breaking Barriers\, Achieving Balance: Addressing retention and EDI at the bargaining table - 2:35 pm – 3:55 pm ET\n\n\n \nMarilynn Dee\nManager Negotiations\nOntario Nurses’ Association (ONA) \n\n\n \nSundeep Gokhale\nEmployer Counsel\nSherrard Kuzz \n\n\n \nJesse Gutman\nLegal Counsel\nOntario Secondary School Teachers’ Federation (OSSTF) \n\n\n \nAnne Musacchio\nManager of Human Resources\nCity of Vaughan \n\n\nEmployees thrive in inclusive\, psychologically safe workplaces. Employers and unions can use the bargaining process to address equity\, diversity\, and inclusion (EDI) under a collective agreement to nurture a forward-thinking workplace that promotes employee wellness\, belonging\, and retention. In this panel\, experts will examine: \n\nHow can unions and employers best negotiate provisions under a collective agreement to create an inclusive workplace? What are specific examples of collective agreement provisions that prioritize EDI?\nWhat areas of EDI should employers and unions address in the bargaining process to help promote employee retention?\nWhat collective agreement language was found to be discriminatory? Not discriminatory?\nWhat measures are effective as a remedy for discrimination harassment\, or other forms of misconduct?\n\nClosing remarks: 3:55 pm – 4:00 pm ET \nFriday\, December 13\, 2024Labour Arbitration And Policy ConferenceIntroductory remarks by co-chairs: 9:00 am – 9:05 am ET \nPanel 1 - New and Noteworthy: Experts examine recent arbitration cases and policy developments - 9:05 am – 10:20 am ET\n\n\n \nAllyson Lee\nEmployer Counsel\nSherrard Kuzz LLP \n\n\n \nLaura Johnson\nUnion counsel\nRyder Wright Holmes Bryden Nam LLP \n\n\n \nDaniel Randazzo\nArbitrator and Mediator\nRandazzo Arbitration Services \n\n\nIn this session\, expert panelists will examine recent arbitration decisions on key workplace issues\, exploring the practical takeaways for employers and unions. The panel will address topics such as: \n\nPrivacy;\nComputer access\, monitoring and surveillance\nSubstance use testing;\nDiscipline and discharge;\nWorkplace investigations;\nDiscrimination\, harassment\, and accommodation;\nDefamation and anti-strategic lawsuits against public participation (“anti-SLAPP”) legislation;\nIssues of jurisdiction as between labour arbitrators and statutory tribunals; and\nRemote work.\n\nThe panel will also examine recent legislative and other initiatives\, such as: \n\nFederal legislation banning the use of strike replacement workers;\nFederal legislation requiring companies to report on the risk of and measures taken regarding forced labour and child labour in international supply chains;\nThe report of the Employment Equity Act Review Task Force and related changes to the Act; and\nThe Ontario government’s Working for Workers legislative series.\n\nFinal selection of topics will take place in the weeks leading up to the conference\, ensuring coverage of the latest and most newsworthy developments.Break: 10:20 am – 10:35 am ET \nPanel 2 - Drawing the Line: Reconciling employee free speech and legitimate employer concerns - 10:35 am – 11:40 am ET\n\n\n \nHeather Ann McConnell\nArbitrator/Mediator \n\n\n \nMegan Reid\nUnion Counsel\nDewart Gleason LLP \n\n\n \nAlex Treiber\nEmployer Counsel\nTreiber Workplace Law \n\n\nHow can employers balance freedom of expression under the Charter with the need to maintain a productive and respectful workplace? In this session\, panelists will address: \n\nDo employees have the right to express their views on potentially controversial and/or political matters at work?\nWhat criteria should employers and unions consider when determining whether an employee’s speech or actions pose a legitimate concern to the organization’s reputation or operations? What actions should employers or unions take when employees’ expressions may border on being disrespectful or offensive\, but are not overtly harmful?\nCan employers monitor employee expressions outside the workplace or on social media? Can employers discipline employees for such expressions?\nWhat is the extent of a union’s duty to represent members who face work-related consequences for potentially polarizing beliefs or actions? When will a union’s decision not to represent a member constitute a breach of the duty of fair representation?\nHow can employers and unions effectively communicate expectations regarding employee expression\, appropriate workplace conduct\, and appropriate off-work conduct?\n\nBreak: 11:40 am – 11:50 am ET \nFireside Chat with Jennifer Pernfuss: The Need to Reimagine How We Are Resolving Workplace Complaints – Harassment and More - 11:50 am – 12:30 pm ET\n\n\n \nJennifer Pernfuss\nCertified Restoration Practitioner\, Consultant & Coach\nRESPECT: Conciliation & Education \n\n\nNetworking Lunch: 12:30 pm – 1:20 pm ET \nPanel 3 - Invisible Illnesses: Accommodating poorly understood and episodic disabilities - 1:20 pm – 2:35 pm ET\n\n\n \nOdelia Bay\nPhD Candidate\nOsgoode Law\nYork University \n\n\n \nErin Porter\nEmployer Counsel\nFasken Martineau DuMoulin LLP \n\n\n \nWade Poziomka\nUnion Counsel\nRoss & McBride LLP \n\n\nDisabilities are diverse. Many employees may experience disabilities that are hidden\, fluid\, or poorly understood by medical professionals. Employers are required to provide reasonable accommodation to employees with disabilities — of all kinds — to enable their full participation in the workplace. In this panel\, experts will discuss the duties of employers and unions in accommodating employees with disabilities that may be hidden\, episodic\, or not widely understood. Panelists will explore: \n\nWhat are common medical conditions that are difficult to diagnose or understand? Why does “Long COVID-19” fall within this list?\nWhat are common challenges and best practices in accommodating employees who may experience disabilities that are hidden\, episodic\, or not fully understood by medical professionals? How should employers and unions respond when there is a lack of available medical practitioners with the requisite knowledge to provide information about a disability?\nWhat types of accommodations have generally been helpful for employees experiencing hidden\, episodic\, or poorly understood disabilities (e.g.\, flex time or working from home)?\nWhat are best practices for communicating during the accommodation process? For example\, how should employees and employers maintain communication about accommodation needs\, which may change frequently\, while respecting employee privacy? What role do unions play in such communications?\nWhen have adjudicators found that employers or unions have successfully accommodated or failed to accommodate employees with hidden or episodic disabilities?\nHow do disability-related stereotypes and stigmas play a role in complicating the accommodations process? What can employers and unions do to dismantle these stigmas and stereotypes and create an inclusive\, barrier-free workplace?\nWhat steps must unions take to assist in accommodation and satisfy their duty of fair representation of members with hidden or episodic disabilities?\n\nBreak: 2:35 pm – 2:50 pm ET \nPanel 4 - Is it Harassment? Or Isn’t It? An interactive panel seeks answers from actual case studies - 2:50 pm – 4:00 pm ET\n\n\n \nTyler Boggs\nUnion Counsel\nCavalluzzo LLP \n\n\n \nBonny Mak\nEmployer Counsel\nFasken Martineau DuMoulin LLP \n\n\n \nNana Yanful\nLawyer/Workplace Investigator \n\n\nIn many instances conduct or comments will clearly meet the definition of harassment. However\, in other cases debate may arise as to whether the alleged harasser knew or ought reasonably to have known that their behaviour was unwelcome\, offensive\, or harmful. In this session\, panelists will examine the degree to which reasonable minds may disagree about whether comments or conduct constitute harassment\, probe the reasons behind such disagreements\, and address issues such as: \n\nShould a complainant’s subjective feelings of humiliation or offence be determinative of whether certain conduct constitutes harassment? If not\, why not?\nWhat role do a complainant’s personal characteristics – gender and race\, for example – play in determining whether certain conduct should reasonably be seen to be offensive?\nDoes workplace culture play any role in determining whether conduct or comments amount to harassment?\nIs the analysis of whether conduct constitutes harassment affected by the existence of a friendship or previous romantic relationship between the complainant and respondent? What about power imbalances or lack thereof?\nHow is the reasonableness of management’s response assessed by arbitrators?\n\nCPDBargaining in the Broader Public Sector Conference CPD\n\n\n \n\nThis program (CPD Code) has been approved for 5.2 Continuing Professional Development (CPD) hours under Section A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).\nMembers of the Law Society of Ontario may consider counting this program for 5.2 substantive hours; 0 professionalism hours.\n\n\n\nLabour Arbitration and Policy Conference CPD\n\n\n \n\nThis program has been approved for 5.4 Continuing Professional Development (CPD) hours under Section A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).\nMembers of the Law Society of Ontario may consider counting this program for 5.4 substantive hours; 0 professionalism hours.\n\n\n\n\nWorkshop CPD\n\n\n \n\nThis program (CPD Code) has been approved for 5 Continuing Professional Development (CPD) hours under Section A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).\nMembers of the Law Society of Ontario may consider counting this program for 5 substantive hours; 0 professionalism hours.\n\n\n\nNearby HotelsHilton145 Richmond Street WestToronto\, ON\nM5H 2L2 \nRead MoreOne King West Hotel1 King Street WestToronto\, ON\nM5H 1A1 \nRead MoreHyatt Regency Toronto370 King St W\nToronto\, ON\nM5V 1J9 \nRead More
URL:https://lancasterhouse.com/event/toronto-labour-arbitration-and-policy-conference-bargaining-in-the-broader-public-sector-conference/
LOCATION:Vantage Venues\, 150 King Street West\, Toronto\, Ontario\, M5H 1J9\, Canada
CATEGORIES:Bargaining in the Broader Public Sector Conference,Conference,Labour Arbitration and Policy Conference
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