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DTSTART;VALUE=DATE:20231127
DTEND;VALUE=DATE:20231130
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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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