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DTSTART;VALUE=DATE:20251208
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SUMMARY:Toronto Bargaining in the Broader Public Sector and Labour Arbitration and Policy Conference 2025
DESCRIPTION:Tuesday\, December 9\, 2025 \nBargaining in the Broader Public Sector Conference \nBreakfast and Registration: 8:00 am – 9:00 am \n\nIntroductory Remarks: 9:00 am – 9:05 am \n\nPanel 1 - Scanning the Economic Horizon: Expert insights into Ontario’s financial outlook - 9:05 am – 10:05 am\n\n\n \nRafael Gomez\nProfessor\nDirector of the Centre for Industrial Relations and Human Resources \n\n\n \nDoug Porter\nChief Economist and Managing Director\, Economics\nBMO \n\n\nWhat economic conditions will we face in 2026? In this forward-looking session\, economists will examine 2026 economic and fiscal forecasts in Ontario and federally. Specifically\, the panel will address: \n\nProvincial and federal growth forecasts;\nInflation\, interest rates\, and cost-of-living expectations;\nEmployment and labour market conditions;\nProvincial comparisons and impact of tariffs on trade with the United States; and\nEconomic priorities in 2026 Ontario and federal budgets.\n\nBreak: 10:05 am – 10:20 am \n\nPanel 2 - From Numbers to Negotiations: Translating economic forecasts into bargaining strategies - 10:20 am – 11:25 am\n\n\n \nRobert Bass\nPrincipal\nBass Associates \n\n\n \nKat Leonard\nNational Representative\nUnifor \n\n\nExperienced negotiators will address challenges in the next round of bargaining in the broader public sector in light of Ontario’s economic outlook. Specifically\, the panelists will address the following questions: \n\nWhat do recent communications from the Government of Ontario tell us about the provincial government’s bargaining priorities for currently and for the year ahead?\nWhat economic factors should employers and unions consider when determining bargaining priorities and drafting proposals? Is there anything unique to Ontario’s current economic situation that negotiators need to pay particular attention to in bargaining?\nHow will the uncertainty surrounding U.S. tariffs and the Canadian response impact bargaining? Will any other policies of the current U.S. administration affect bargaining in the broader public sector in Canada? Is the effect of these policies different in the broader public sector than in the private sector?\nHow will the current state of the economy affect the negotiation of wage increases? How will inflation and the increased cost of living affect bargaining in this area?\nHow important are non-monetary items for employers and unions when negotiating in the current economic climate? What are some examples of novel non-monetary items that unions are raising at the bargaining table?\nHow are the parties coping with freezes and layoffs as well as labour shortages in negotiations?\n\nBreak: 11:25 am – 11:40 am \n\nFireside Chat - Using AI in Bargaining - 11:40 am – 12:20 pm\n\n\n \nNicole Gauthier\nExecutive Officer and Chief Negotiator\nOSSTF Toronto \n\n\n \nAl Hounsell\nNational Director of AI\, Innovation & Knowledge\nGowling WLG \n\n\n \nAlison Warrian\nSenior Manager\, Labour Relations\, Ontario Public School Boards’ Association \n\n\nComing Soon. \nNetworking Lunch: 12:20 pm – 1:20 pm \n\nPanel 3 - Coping with Current Legislation: Highlighting the top recent cases and legislative developments impacting bargaining in Ontario - 1:20 pm – 2:30 pm\n\n\n \nCarla Black\nEmployer Counsel\nRae Christen Jeffries LLP \n\n\n \nMichael McFadden\nArbitrator and Mediator\nVice-chair\nOntario Labour Relations Board \n\n\n \nLauren Pearce\nUnion Counsel\nJones Pearce \n\n\nIn this session\, panelists will examine the latest decisions\, legislative changes\, and other key developments impacting bargaining in the public sector. The session and materials will delve into topics including: \n\nthe legality of recent government interventions pausing or prohibiting strikes in the railway\, ports\, postal\, education\, airline\, and other sectors;\ntrends in recent labour board and court decisions addressing issues such as secondary picketing\, unfair labour practices\, and the duty to bargain in good faith;\nthe impact of recent interest arbitration decisions addressing inflation\, staffing and retention\, and changing social\, political\, and economic conditions; and\nthe effect of recent grievance arbitration awards\, including cases addressing collective agreement interpretation\, discriminatory contract language\, and contracting in/out.\n\nThe session will also address key legislative and policy developments\, including: \n\nthe latest changes introduced through the Working for Workers series of legislation\, including new and amended leave provisions\, restrictions on requesting medical notes from employees in support of sick leave\, the incorporation of remote work into legislative harassment provisions\, and new extended layoff provisions;\nlegislation in Quebec expanding government power to restrict or end strikes and lock-outs and refer certain labour disputes to interest arbitration; and\nlegislation restricting the use of strike replacement workers passed federally and in Manitoba.\n\nFinal topics will be selected in the weeks prior to the conference to ensure coverage of the latest and most important developments in a rapidly changing legal and political landscape. \nBreak: 2:30 pm – 2:45 pm \n\nPanel 4 - Bargaining Emerging Issues: AI\, gig and remote work\, new leaves and innovative benefits\, modern technologies\, aging workforces\, and more - 2:45 pm – 4:00 pm\n\n\n \nMatt Hopkins\nExecutive Director PeopleToronto Transit Commission \n\n\n \nKirsty Niglas-Collins\nUnion counselCollins & Metcalfe LLP \n\n\n \nJeffrey Stewart\nEmployer CounselSherrard Kuzz \n\n\n \nCynthia Watt\nVice President \nAMAPCEO \n\n\nThe future of work is here – is your collective agreement ready? Join this dynamic session to explore how technology\, current events\, and evolving societal\, political\, and workplace expectations are driving the need for modernization. Topics to be addressed include: \n\nThe impact of artificial intelligence (“AI”) on employee hiring and management;\nNew technologies related to surveillance and monitoring of employees;\nRemote\, hybrid\, and flexible work arrangements and back-to-work mandates;\nMental health\, staffing levels\, and workload;\nWorkplace violence;\nEmerging leave and benefit provisions;\nEquity\, diversity\, and inclusion;\nJob security and workplace restructuring\, contracting in/out\, and assignment of bargaining unit work; and\nGenerational differences in workplace and bargaining priorities.\n\nTopics will be finalized in the weeks prior to the conference\, ensuring coverage of the latest and most pressing issues. \n  \nClosing Remarks: 4:00 pm \n\nRegisterWednesday\, December 10\, 2025 \nLabour Arbitration and Policy Conference \nBreakfast and Registration: 8:00 am – 9:00 am \n\nIntroductory Remarks: 9:00 am – 9:05 am \n\nPanel 1 - From Hearings to Headlines: Key developments in cases and legislation - 9:05 am – 10:20 am\n\n\n \nTyler Boggs\nUnion Counsel\nCavalluzzo LLP \n\n\n \nMort Mitchnick\nArbitrator/Mediator \n\n\n \nErin Porter\nEmployer Counsel\nFasken \n\n\nIn this session\, panelists will examine recent significant developments in federal and provincial labour law\, exploring emerging trends in a changing world of work. Panelists will address the latest decisions on topics including: \nCaselaw: \n\nGovernment intervention in recent collective bargaining disputes including issues of freedom of association under the Charter\nRemedies for breach of employment standards\n\nclass actions\nSupreme Court hearing on Quebec’s secular dress code\nupcoming changes\n\n\nTermination\n\ndischarge and discipline\nsexual harassment\n\n\nWorkplace rights and responsibilities\n\nprivacy issues\ndrug and alcohol testing\nworkplace investigations\n\n\ndiscrimination and accommodation\nharassment and retaliation\nLegislation: The B.C. Labour Relations Code Review Panel report on recommended amendments;\nlegislation dealing with federal supply chain transparency;\nNew restrictions on the use of strike replacement workers in federally regulated industries; and\nQuebec legislation ensuring parties’ role in arbitrator selection and expansion of government powers to pause or prohibit strikes.\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 in a shifting economic and political landscape. \nBreak: 10:20 am – 10:35 am \n\nPanel 2 - Mental Health and Medical Privacy at Arbitration: Disclosure obligations\, WSIB claims\, reasonable and customary limits\, and more - 10:35 am – 11:45 am\n\n\n \nShiran Brener\nCounsel\nOntario Treasury Board Secretariat \n\n\n \nBrendan McCutchen\nUnion Counsel\nWright Henry LLP \n\n\n \nDr. Michael Schweigert\nOccupational Medicine Specialist \n\n\nBalancing an employer’s duty to accommodate and the privacy rights of employees is a growing challenge. This panel will explore the complex intersection of mental health disabilities\, medical information\, and limits on disclosure. Experts will examine recent decisions and offer practical guidance on preparing and presenting cases while protecting an employee’s sensitive personal health information. Specifically\, the panel will address: \n\nWhat are the unique privacy concerns associated with employers requesting medical information related to mental health disabilities? How can employers and unions safeguard an employee’s medical information to ensure only the relevant individuals have access? Can an employee’s medical information received for the purpose of one proceeding be used in another (e.g. an employer using medical information from the WSIB claim file at arbitration)?\nWhat are best practices for drafting initial and follow-up letters to medical professionals regarding an employee’s mental health disability? Are employers or unions entitled to communicate directly with an employee’s medical professional?\nIs an employer ever entitled to an employee’s diagnosis? What about at the arbitration stage?\nWhat are some examples of requests for medical information that arbitrators or adjudicators have found to be discriminatory? Can an employer be held liable for the unlawful actions of a benefits provider?\nIn what circumstances have arbitrators determined that expenses being limited to reasonable and customary limits violates a collective agreement? Is the analysis different for psychological benefits claims?\nHow should employers and unions handle medical information that is based solely or largely on an employee’s subjective self-reporting of symptoms? Does the analysis differ for mental health disabilities where diagnoses are largely based on self-reported information?\nWhat is the difference between inquiring about health conditions and restrictions on job duties?\nWhen will it be appropriate for an employer to request a psychiatric or psychological Independent Medical Examination (“IME”)? What if an employee is in a safety-sensitive position or the safety of other employees may be at risk? What is the union’s role in this process?\nHow should employers and unions approach an employee that has difficulty providing medical information due to a possible or confirmed mental health disability? What if an employee has difficulty accessing a medical professional due to\, for example\, long wait lists?\n\nNetworking Lunch: 11:45 am – 12:45 pm \n\nKeynote - Beyond the Evidence: Trauma-Informed Approaches to Arbitration and Grievances - 12:45 pm – 1:15 pm\n\n\n \nBrian Knowler\nFounder and Principal Coach\, Leadership and Resilience Strategies\nKnowler Consulting – The Change Co \n\n\nArbitration and grievance processes are designed to resolve disputes\, but too often they overlook the human impact of trauma on those involved. Drawing on lived experience as both a lawyer and a police officer\, Brian Knowler will explore how trauma can shape testimony\, credibility\, and workplace dynamics in ways that the traditional process may miss. This keynote will highlight how trauma-informed approaches help arbitrators\, counsel\, and workplace parties move beyond procedural outcomes to foster fairness\, dignity\, and resilience. Attendees will learn practical ways to recognize signs of trauma\, adapt questioning and process design\, and reduce re-traumatization in hearings. By connecting trauma awareness to pressing issues like mental health disclosure\, return-to-work accommodations\, and technology-driven surveillance\, Brian will show how integrating a trauma-informed lens strengthens both justice and workplace relationships.Break: 1:15 pm – 1:30 pm \n\nPanel 3 - Emerging Accommodation Issues: Return-to-work mandates and alternate work arrangements\, family status and religious accommodations\, and more - 1:30 pm – 2:30 pm\n\n\n \nNatasha Zervoudakis\nEmployer counsel\nSherrard Kuzz \n\n\n \nDavid Wright\nUnion Counsel\nRyder Wright Blair & Holmes \n\n\nOver five years after the onset of the COVID-19 pandemic\, employers and unions continue to grapple with issues related to remote\, hybrid\, and in-person work. In this session\, experts will provide insight into issues currently facing an employee’s return to the office. Specifically\, the following questions will be addressed: \n\nAs a matter of law\, do employers have the unfettered right to require employees to return to in-person work on a schedule determined by the employer? If there are limits on that right\, what are they? How do workplace policies and collective agreement language affect the matter?\nCan an employee insist on remote work as a form of health-related accommodation? Does an employee’s susceptibility to contracting an illness at the workplace warrant accommodation? Will an employee be entitled to work from home during pregnancy?\nDoes an employer have a duty to accommodate an employee’s commute to work where the employee has a disability? If so\, what is considered reasonable accommodation?\nIn what circumstances have decision-makers found that employees should be permitted to work from home\, on a full-time or part-time basis\, in order to accommodate obligations related to family status\, such as childcare or eldercare responsibilities?\nWhat kinds of information can employers require to support a request related to family status? How can employers and unions distinguish an employee’s personal preferences from legitimate accommodation needs?\nHow have decision-makers determined whether employers have accommodated employees to the point of undue hardship in recent COVID-19 vaccination refusal decisions? More broadly\, what lessons can employers and unions learn from these decisions as it relates to discrimination on the basis of religion or creed and the duty to accommodate?\nWhat aspects of work-from-home or hybrid work arrangements should be specifically addressed in policies or collective agreement provisions? What best practices should employers and unions implement to ensure they meet the duty to accommodate?\n\n\nBreak: 2:30 pm – 2:45 pm \n\nPanel 4 - Social Media\, Surveillance\, and AI-Driven Management Decisions: An interactive\, scenario-based session on uses and abuses of modern technology - 2:45 pm – 4:00 pm\n\n\n \nMichael McCreary\nArbitrator and Mediator\nMichael McCreary Arbitration Mediation \n\n\n \nMelissa Mustafa\nEmployer Counsel\nLakhani Campea LLP \n\n\n \nKatie Rowen\nUnion Counsel\nUrsel Phillips Fellows Hopkinson \n\n\nThis interactive session will provide employers and unions with the best available insights into AI-driven management decisions\, monitoring and surveillance tools\, and employee social media use. Experienced management and union counsel will join an arbitrator to examine three hypothetical scenarios\, exploring legal principles and best practices when addressing the use of modern technologies both at work and off-duty. \nSpecific issues to be addressed include: \n\nIn what circumstances can an employer dismiss an employee for inappropriate social media posts? Where is the line drawn between free speech and offensive speech justifying discipline?\nWhat arguments have arbitrators accepted or rejected regarding the use of employee surveillance and monitoring tools? How have arbitrators resolved conflicts between an employer’s interest in ensuring productivity through such tools and employees’ right to privacy?\nWhat is the current role of AI-driven tools in management decision-making\, and how is that role expected to evolve in the future?\nWhat legal concerns arise when an employer uses AI to assess candidates’ suitability for positions?\nWhat arguments for and against the use of algorithmic management will arbitrators find most compelling?\nHow are employers and unions addressing the use of algorithmic management in collective agreements?\n\nClosing Remarks: 4:00 pm \n\nRegister \nToronto Bargaining in the Broader Public Sector Conference$1\,395.00Add to cart	\n			\n  \n\nToronto Labour Arbitration and Policy Conference$1\,395.00Add to cart	\n			\n  \n\nToronto Bargaining in the Broader Public Sector Workshop$1\,295.00Add to cart	\n			\n  \n\nToronto Labour Arbitration and Policy Conference & Bargaining in the Broader Public Sector Conference \n$2\,295.00Add to cart	\n			\n  \n\nToronto Labour Arbitration and Policy Conference & Bargaining in the Broader Public Sector Conference – Bundle (Conference + Bargaining in the Broader Public Sector Conference Workshop) \n\n$2\,995.00Select options	\n		This product has multiple variants. The options may be chosen on the product page	\n  \n\nMonday\, December 8\, 2025 \nWorkshop*Workshop sold separately from stand-alone conference. \nWorkshop schedule: 9:00 am – 4:00 pm ET (The schedule will run concurrently for both workshops until 4:00 pm.) \nAdditional Details: Breakfast and lunch to be provided\, with a variety of snacks and refreshments available during breaks. Breakfast is provided prior to the workshop and will be available starting at 8:00 am. Please share any dietary requirements at the time of registration so we can best accommodate your needs. Our Networking Lunch is from 12:00 to 1:00 p.m. Between sessions\, during refreshment breaks and lunch\, you’ll have the chance to connect with peers\, share strategies\, and engage directly with speakers and fellow attendees. \n\nBargaining In The Broader Public Sector Conference Workshop \nBargaining for Change: Advancing Equity\, Diversity\, and Inclusion (EDI) at the table\n\n\n \nNatasha Abraham\nUnion counsel\nCavalluzzo LLP \n\n\n \nMaureen Doyle\nArbitrator and Mediator\nMaureen Doyle Dispute Resolution Services \n\n\n \nNora Hindy\nDirector\nCentre for Global Citizenship Education\nCentennial College\nMember Board of Directors\nUrban Alliance on Race Relations \n\n\n \nLennie Lejasisaks\nEmployer counsel\nFasken \n\n\nIn this interactive workshop\, participants will learn legal principles and best practices in negotiating and drafting collective agreements that meet human rights obligations and promote equity\, diversity\, and inclusion (“EDI”). \nParticipants will hear from leading experts and work in small groups on skill-building exercises\, learning how to apply an EDI lens to bargaining from start to finish. Attendees will learn how to: \n\nPrepare to address EDI effectively in bargaining by evaluating areas for improvement and identifying key issues to be addressed at the table;\nReview collective agreements for problematic language and update commonly-used but exclusionary terminology;\nApply lessons learned from recent arbitration decisions in which collective agreement language was proved to be discriminatory;\nCraft new collective agreement clauses to remove barriers and promote EDI\, incorporating emerging language addressing topics such as cultural and religious diversity\, anti-racism\, decolonization and Indigenization\, disability and mental health\, and gender equity and diversity; and\nNavigate potential conflicts between language aimed at promoting EDI and other collective agreement rights\, such as seniority provisions.\n\nAll participants also receive a comprehensive set of digital materials\, including textbook chapters\, case summaries\, and additional resources compiled by Lancaster House program lawyers for continued learning and reference. \nRegister \nToronto Bargaining in the Broader Public Sector Conference$1\,395.00Add to cart	\n			\n  \n\nToronto Labour Arbitration and Policy Conference$1\,395.00Add to cart	\n			\n  \n\nToronto Bargaining in the Broader Public Sector Workshop$1\,295.00Add to cart	\n			\n  \n\nToronto Labour Arbitration and Policy Conference & Bargaining in the Broader Public Sector Conference \n$2\,295.00Add to cart	\n			\n  \n\nToronto Labour Arbitration and Policy Conference & Bargaining in the Broader Public Sector Conference – Bundle (Conference + Workshop) \n$2\,995.00Select options	\n		This product has multiple variants. The options may be chosen on the product page	\n  \n\nBargaining in the Broader Public Sector ConferenceConference Co-chairs\n  \n\n \nJorge Hurtado\nLawyer\nMorrison Watts Hurtado Labour & Employment Lawyers \n\n\n \nDonna Walrond\nLawyer\nBass Associates \n\n\n\nAdvisory Committee \n\n\n \nSamara Barak\nSenior Advisor\nEmployee Relations\nYork University \n\n\n \nDavid Brook\nVice President\, Labour Relations & Chief Negotiations Officer\nOntario Hospital Association \n\n\n \nKevin Giddings\nDistrict Director\, GTA North\nAMAPCEO \n\n\n \nColeen Houlder\nRegional Vice-President (Toronto)\nOPSEU \n\n\n\nLabour Arbitration and Policy Conference \nConference Co-chairs\n\n \nBlaine Donais\nArbitrator/Mediator \nPresident\nWorkplace Fairness International \n\n\n \nKatherine Ferreira\nUnion Counsel\nKoskie Minsky LLP \n\n\n \nMichael Horvat\nEmployer Counsel\nAird & Berlis LLP \n\n\n\nConference Advisory Committee \n\n\n \nBrett Christen\nEmployer Counsel\nRae Christen Jeffries LLP \n\n\n \nKaren Ensslen\nPartner\nUrsel Phillips Fellows Hopkinson LLP \n\n\n \nJawara Gairey\nDirector – Regional Offices Branch\nPublic Service Alliance of Canada \n\n\n \nNick E. Milanovic\nArbitrator/Mediator\nProfessor Carleton University \n\n\n \nJennifer Richards\nDeputy Legal Director\nOntario Treasury Board Secretariat \n\n\n\nCPD \nBargaining in the Broader Public Sector Conference CPD\n\n\n• This program has been approved for 5.5 Continuing Professional Development (CPD) hours under Section A of the Continuing Professional Development Log of the Human Resource Professionals Association (HRPA).\n\n\n\n\n \n\nMembers of the Law Society of Ontario may consider counting this program for 5.5 Substantive hours; 0 Professionalism hours.\n\n\n\nBargaining in the Broader Public Sector Workshop CPD\n\n\n• This program has been approved for 5.17 Continuing Professional Development (CPD) hours under Section A of the Continuing Professional Development Log of the Human Resource Professionals Association (HRPA).\n\n\n\n\n \n\nMembers of the Law Society of Ontario may consider counting this program for 5.17 Substantive hours; 0 Professionalism hours.\n\n\n\nLabour Arbitration and Policy Conference CPD\n\n  \n\n• This program has been approved for 5.5 Continuing Professional Development (CPD) hours under Section A of the Continuing Professional Development Log of the Human Resource Professionals Association (HRPA).\n\n\n\n\n \n\nMembers of the Law Society of Ontario may consider counting this program for 5.5 Substantive hours; 0 Professionalism hours.\n\n\n\n\nRegister
URL:https://lancasterhouse.com/event/toronto-bargaining-in-the-broader-public-sector-and-labour-arbitration-and-policy-conference-2025/
LOCATION:Hilton Toronto\, 145 Richmond Street West\, Toronto\, Ontario\, M5H 2L2\, Canada
CATEGORIES:Bargaining in the Broader Public Sector Conference,Conference,Labour Arbitration and Policy Conference
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BEGIN:VEVENT
DTSTART;VALUE=DATE:20251119
DTEND;VALUE=DATE:20251122
DTSTAMP:20260425T165802
CREATED:20250218T171753Z
LAST-MODIFIED:20251118T173922Z
UID:16027-1763510400-1763769599@lancasterhouse.com
SUMMARY:Vancouver Bargaining in the Broader Public Sector and Labour Arbitration and Policy Conference 2025
DESCRIPTION:Thursday\, November 20\, 2025 \nBargaining in the Broader Public Sector Conference \nBreakfast and Registration: 8:00 am – 9:00 am \n\nIntroductory remarks: 9:00 am – 9:05 am \n\nPanel 1 - Scanning the Economic Horizon: Expert insights into B.C.'s financial outlook - 9:05 am – 10:05 am\n\n\n \nAlex Hemingway\nSenior Economist and Public Finance\nBC Society for Policy Solutions \n\n\n \nSusan Mowbray\nPartner\nEconomics and Research\nMNP \n\n\nWhat economic conditions will we face in 2026? In this forward-looking session\, economists will examine 2026 economic and fiscal forecasts in B.C. and federally. Specifically\, the panel will address: \n\nProvincial and federal growth forecasts;\nInflation\, interest rates\, and cost-of-living expectations;\nEmployment and labour market conditions;\nProvincial comparisons and impact of tariffs on trade with the United States; and\nEconomic priorities in 2026 B.C and federal budgets.\n\nBreak: 10:05 am – 10:20 am \n\nPanel 2 - From Numbers to Negotiations: Translating economic forecasts into bargaining strategies - 10:20 am – 11:35 am\n\n\n \nNorah Miner\nDirector of Bargaining\nHealth Sciences Association of BC (HSABC) \n\n\n \nMike Vizsolyi\nExecutive Director\, Employee and Labour Relations\nUniversity of British Columbia (UBC) \n\n\nExperienced negotiators will address challenges in the next round of bargaining in the broader public sector in light of British Columbia’s economic outlook. Specifically\, the panelists will address the following questions: \n\nWhat do recent communications from the Government of British Columbia tell us about the provincial government’s bargaining priorities for currently and for the year ahead?\nWhat economic factors should employers and unions consider when determining bargaining priorities and drafting proposals? Is there anything unique to British Columbia’s current economic situation that negotiators need to pay particular attention to in bargaining?\nHow will the uncertainty surrounding U.S. tariffs and the Canadian response impact bargaining? Will any other policies of the current U.S. administration affect bargaining in the broader public sector in Canada? Is the effect of these policies different in the broader public sector than in the private sector?\nHow will the current state of the economy affect the negotiation of wage increases? How will inflation and the increased cost of living affect bargaining in this area?\nHow important are non-monetary items for employers and unions when negotiating in the current economic climate? What are some examples of novel non-monetary items that unions are raising at the bargaining table?\nHow are the parties coping with freezes and layoffs as well as labour shortages in negotiations?\n\nBreak: 11:35 am – 11:50 am \n\nFireside Chat with Krista James - Meeting the Needs of our Intergenerational Workplaces - 11:50 am – 12:20 pm\n\n\n \nKrista James\nPolicy Director and Senior Legal Counsel\nVancouver Coastal Health \n\n\nNetworking Lunch: 12:20 pm – 1:20 pm \n\nPanel 3 - Coping with Current Legislation: Highlighting the top recent cases and legislative developments impacting bargaining in B.C. and nationwide - 1:20 pm – 2:30 pm\n\n\n \nJeremy Bryant\nUnion Counsel\nBanister & Company \n\n\n \nTamara Ramusovic\nUnion Counsel\nMoore Edgar Lyster LLP \n\n\n \nDelayne Sartison\nEmployer Counsel\nRoper Greyell LLP \n\n\n \nJessica Thomson\nEmployer Counsel\nPulver Crawford Munroe \n\n\nIn this session\, panelists will examine the latest decisions\, legislative changes\, and other key developments impacting bargaining in the public sector. The session and materials will delve into topics including: \n\nthe legality of recent federal government interventions pausing or prohibiting strikes in the railway\, ports\, postal\, education\, airline\, and other sectors;\n\n\nrecent labour board decisions addressing issues such as secondary picketing\, unfair labour practices and the duty to bargain in good faith\, and the use of out-of-province workers to perform struck work;\nthe impact of recent interest arbitration decisions addressing inflation\, staffing and retention\, and changing social\, political\, and economic conditions;\nthe effect of recent grievance arbitration awards\, including cases addressing discriminatory collective agreement language\, the use of hiring incentives\, and the application of the Charter to B.C. employers in the broader public sector; and\nnavigating potential conflicts between collective agreement language and changing requirements in employment standards legislation; and\naftermath of the Quebec Casinos \n\nThe session will also address key legislative and policy updates\, including: \n\nthe latest developments in the ongoing review of the B.C. Labour Relations Code;\nmeasures introduced by the federal and B.C. government to avoid or cushion the impacts of ongoing trade conflict;\nlegislation in Quebec expanding government power to restrict or end strikes and lock-outs and refer certain labour disputes to interest arbitration; and\nlegislation restricting the use of strike replacement workers passed federally and in Manitoba.\n\nFinal topics will be selected in the weeks prior to the conference to ensure coverage of the latest and most important developments in a rapidly changing legal and political landscape. \nBreak: 2:30 pm – 2:45 pm \n\nPanel 4 - Bargaining Emerging Issues: Climate change\, disaster leaves\, gig and remote work\, new leaves and innovative benefits\, new technologies\, generational differences and more - 2:45 pm – 4:00 pm\n\n\n \nChris Beneteau\nExecutive Director\, Labour Relations\nBC Public School Employers’ Association \n\n\n \nErin Cutler\nSenior Legal Director and General Counsel\nHealth Employers Association of BC (HEABC) \n\n\n \nRichard Tones\nDirector of Negotiations\nBC General Employees Union (BCGEU) \n\n\n \nThom Yachnin\nUnion Counsel\nVictory Square Law Office \n\n\nThe future of work is here – is your collective agreement ready? Join this dynamic session to explore how technology\, current events\, and evolving societal and workplace expectations are driving the need for modernization. Topics to be addressed include: \n\nThe impact of artificial intelligence (“AI”) on employee hiring and management;\nNew technologies related to surveillance and monitoring of employees;\nRemote work\, flexible work arrangements\, and gig work;\nMental health\, staffing levels\, and workload;\nWorkplace violence;\nEmerging leave and benefit provisions;\nClimate change and disaster preparedness;\nEquity\, diversity\, and inclusion; and\nGenerational differences in workplace and bargaining priorities.\n\nTopics will be finalized in the weeks prior to the conference\, ensuring coverage of the latest and most pressing issues. \nClosing Remarks: 4:00 pm \n\nRegisterFriday\, November 21\, 2025 \nLabour Arbitration and Policy Conference \nBreakfast and Registration: 8:00 am – 9:00 am \n\nIntroductory remarks: 9:00 am – 9:05 am \n\nPanel 1 - From Hearings to Headlines: Key developments in cases and legislation - 9:05 am – 10:20 am\n\n\n \nValerie Dixon\nLegal Counsel – Labour\, Employment and Human Rights\nCity of Vancouver \n\n\n \nJitesh Mistry\nLabour Arbitrator and Mediator\nMistry ADR \n\n\n \nErica Sandhu\nUnion Counsel\nHastings Labour Law Office \n\n\nIn this session\, panelists will examine recent significant developments in federal and provincial labour law\, exploring emerging trends in a changing world of work. Panelists will address the latest decisions on topics including: \nCaselaw: \n\nGovernment intervention in recent collective bargaining disputes including issues of freedom of association under the Charter\nRemedies for breach of employment standards\n\nclass actions\narbitration agreements\nSupreme Court hearing on Quebec’s secular dress code\nupcoming changes\n\n\nTermination\n\ndischarge and discipline\nsexual harassment\n\n\nLabour Board decisions\n\nunfair labour practices\ngood faith bargaining\nremedial certification\n\n\nWorkplace rights and responsibilities\n\nprivacy issues\ndrug and alcohol testing\nworkplace investigations\n\n\n\n\ndiscrimination and accommodation\nharassment and retaliation\n\n\nLegislation: The B.C. Labour Relations Code Review Panel report on recommended amendments;\nlegislation dealing dealing with federal supply chain transparency;\nNew restrictions on the use of strike replacement workers in federally regulated industries; and\nQuebec legislation ensuring parties’ role in arbitrator selection and expansion of government powers to pause or prohibit strikes.\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 in a shifting economic and political landscape. \nBreak: 10:20 am – 10:35 am \n\nKeynote by Stephen Kelleher - Perspectives of a Supreme Court Judge returning to Labour Arbitration and Mediation - 10:35 am – 11:05 am\n\n\n \nStephen Kelleher\, K.C.\nArbitrator and Mediator \n\n\nArbitrator Kelleher will discuss how labour arbitration has evolved from its original purpose and how it has continued to change with the times. He will compare and contrast litigation in court and labour arbitration. Finally\, he will ask whether some court procedures should be considered for the labour arbitration context.Break: 11:05 am – 11:20 am \n\nPanel 2 - Hidden Needs\, Hard Questions: Navigating complex workplace accommodations - 11:20 am – 12:30 pm\n\n\n \nBrad Cocke\nEmployer counsel\nCooperwilliams Truman & Ito LLP \n\n\n \nJodie Gauthier\nUnion Counsel\nBlack Burke Mayor \n\n\n \nLesley Maisey\nOccupational Health Nurse\nSpecialist For Disability Case Management\nSharezen Group \n\n\nAs workplaces reopen\, accommodation requests are becoming more varied and complex. This panel will address health-related accommodations in the context of return-to-work mandates. Specifically\, the following questions will be addressed: \n\nWhat are common medical conditions that elude diagnosis\, or that are considered “diagnoses of exclusion”? How do the stereotypes and stigma associated with these conditions contribute to the challenge of providing accommodation?\nWhat are best practices for drafting initial and follow-up letters to medical professionals? Are employers or unions entitled to communicate directly with an employee’s medical professional?\nHow should employers and unions handle medical information that is based solely or largely on an employee’s subjective self-reporting of symptoms? Does the analysis differ for mental health disabilities where diagnoses are largely based on self-reported information?\nWhen will it be appropriate for an employer to request an Independent Medical Examination (“IME”)? What if an employee is in a safety-sensitive position or the safety of other employees may be at risk? What is the union’s role in this process?\nCan an employee insist on remote work as a form of health-related accommodation? Does an employee’s susceptibility to contracting an illness at the workplace warrant accommodation? Will an employee be entitled to work from home during pregnancy? What is the type and scope of medical information that is required to support these requests?\nDoes an employer have a duty to accommodate an employee’s commute to work where the employee has a disability? If so\, what is considered reasonable accommodation?\nHow should collective agreements and workplace policies be updated to comply with British Columbia’s new restrictions on sick notes for short-term absences? How do these restrictions affect other responsibilities\, such as the duty to accommodate?\n\n\nNetworking Lunch: 12:30 pm – 1:30 pm \n\nFireside chat - AI and the Labour Relations Problem-Solver: Building Towards Your Irreplaceable Edge - 1:30 pm – 2:15 pm\n\n\n \nCarolyn Janusz\nUnion Counsel\nGoodwin Law \n\n\n \nJohn McConchie\nArbitrator and Mediator \n\n\n\nBreak: 2:15 pm – 2:30 pm \n\nPanel 3 - Pre-hearing Primer: Handling procedural delays\, preliminary objections\, requests for particulars\, and more - 2:30 pm – 3:45 pm\n\n\n \nJulia Bell\nEmployer Counsel\nRoper Greyell LLP \n\n\n \nWill Clements\nUnion Counsel\nKoskie Glavin Gordon \n\n\n \nRyan Goldvine\nMediator and Arbitrator\nGoldvine Dispute Resolution Services \nPart-Time Member\nBC Employment Standards Tribunal \n\n\nEffective pre-hearing procedures are critical to the smooth and timely resolution of labour arbitration cases. This panel will offer practical insights on minimizing delays\, leveraging emerging technologies\, managing preliminary objections\, and responding to requests for particulars and production. Panelists will share strategies for addressing common procedural challenges and ensuring hearings proceed efficiently. Specifically\, panelists will address: \nDelay: \n\nWhat are the most common pre-hearing bottlenecks and how can they be avoided?\nWhen does delay cross the line into abuse of process? What remedies (such as costs or adjournments) are available?\n\nNew Formats: \n\nHow do virtual and hybrid formats contribute to pre-hearing efficiency\, and what procedural or practical challenges might they create?\n\n\nDoes any guidance exist on permissible uses of Generative AI in pre-hearing stages (g. for document review\, timeline automation\, etcetera)?\n\nRequest for Particulars: \n\nWhat are best practices for responding to and drafting effective requests for particulars?\n\n\nWhat types of statements\, information\, or documents are protected by privilege\, confidentiality agreements\, or privacy laws?\n\nPreliminary Objections: \n\nWhat are the most common types of preliminary objections (e.g. jurisdiction\, timeliness\, standing)\, and when should they be raised?\n\n\nShould parties always raise preliminary objections early\, or are there risks in doing so prematurely?\n\nEvidence: \n\nHow do arbitrators deal with attempts to introduce evidence regarding exchanges during negotiations\, estoppel notices\, counterproposals in bargaining\, etcetera?\n\nGeneral: \n\nAs prehearing processes grow more complex with expanded preliminary issues and interim orders\, are they strengthening procedural fairness or complicating efficiency and proportionality?\n\n\nClosing remarks: 3:45 pm – 4:00 pm \n\nRegisterRegister Vancouver Bargaining in the Broader Public Sector Conference$1\,395.00Add to cart	\n			\n  \nVancouver Labour Arbitration and Policy Conference$1\,395.00Add to cart	\n			\n  \nVancouver Bargaining in the Broader Public Sector Workshop$1\,395.00Add to cart	\n			\n  \nVancouver Labour Arbitration and Policy Conference Workshop$1\,295.00Add to cart	\n			\n  \n\nVancouver Labour Arbitration and Policy Conference & Bargaining in the Broader Public Sector Conference$2\,295.00Add to cart	\n			\n  \nVancouver Labour Arbitration and Policy Conference & Bargaining in the Broader Public Sector Conference – Bundle$2\,995.00Select options	\n		This product has multiple variants. The options may be chosen on the product page	\n  \n\nWednesday\, November 19\, 2025Workshops \n(The schedule will run concurrently for all workshops) \n\nBargaining In The Broader Public Sector Conference Workshop \nBargaining for Change: Advancing Equity\, Diversity\, and Inclusion (EDI) at the table\n\n\n \nHasan Alam\nStaff LawyerBC Government and Service Employees’ Union(BCGEU) \n\n\n \nNatasha Aruliah\nConsultantJEDDI (Justice\, Equity\, Decolonising\, Diversity and Inclusion) Specialist \n\n\n \nCarolyn MacEachern\nEmployer CounselYoung Anderson \n\n\n \nShelina Neallani\nLawyer\, Mediator\,  and Workplace Assessor \n\n\n\n\nSpecial opening session led by: \n \nEmily Ohler\nChair British Columbia Human Rights Tribunal \n\n\nIn this interactive workshop\, participants will learn legal principles and best practices in negotiating and drafting collective agreements that meet human rights obligations and promote equity\, diversity\, and inclusion (“EDI”). \nParticipants will hear from leading experts and work in small groups on skill-building exercises\, learning how to apply an EDI lens to bargaining from start to finish. Attendees will learn how to: \n\nPrepare to address EDI effectively in bargaining by evaluating areas for improvement and identifying key issues to be addressed at the table;\nReview collective agreements for problematic language and update commonly-used but exclusionary terminology;\nApply lessons learned from recent arbitration decisions in which collective agreement language was proved to be discriminatory;\nCraft new collective agreement clauses to remove barriers and promote EDI\, incorporating emerging language addressing topics such as cultural and religious diversity\, anti-racism\, decolonization and Indigenization\, disability and mental health\, and gender equity and diversity; and\nNavigate potential conflicts between language aimed at promoting EDI and other collective agreement rights\, such as seniority provisions.\n\nAll participants also receive a comprehensive set of digital materials\, including textbook chapters\, case summaries\, and additional resources compiled by Lancaster House program lawyers for continued learning and reference. \nLabour Arbitration And Policy Conference Workshop \nHoning Your Grievance and Arbitration Skills: Tools and tactics for success\n\n\n \nSusanna Allevato Quail\nCounsel\nAllevato Quail & Associates \n\n\n \nMike Hamata\nEmployer Counsel\nRoper Greyell \n\n\n \nGabriel Somjen\nArbitrator and Mediator \n\n\nBuild your skills in grievance handling and arbitration advocacy through this interactive workshop. Speakers will bring deep insight into the real-world dynamics of grievance resolution\, explore how to build a persuasive case\, and discuss what matters most in the hearing room. \nThrough a facilitated discussion and interactive exercises\, attendees will learn how to: \n\nAssess the merits of a grievance and progress through key steps in the grievance process in accordance with collective agreement requirements;\nWork with grievors who may present as “difficult to work with\,” recognizing underlying disabilities\, trauma\, and other factors which may be impacting communication;\nIdentify when settlement or mediation is appropriate;\nRecognize when a matter is unlikely to settle\, assess the appropriate forum\, and determine when arbitration is necessary;\nPrepare for arbitration and make the most of pre-hearing processes\, laying the groundwork to succeed at the hearing;\nNavigate key rules of evidence\, ensuring a case is presented in full and countering efforts by opposing parties to introduce out-of-bounds evidence; and\nAdvocate effectively in the hearing\, advancing the interests of your member\, organization\, or client.\n\nAttendees will be encouraged to ask questions and engage with other participants. All other participants also receive a comprehensive set of digital materials\, including textbook chapters\, case summaries\, and additional resources compiled by Lancaster House program lawyers for continued learning and reference. \nRegister Vancouver Bargaining in the Broader Public Sector Conference$1\,395.00Add to cart	\n			\n  \nVancouver Labour Arbitration and Policy Conference$1\,395.00Add to cart	\n			\n  \nVancouver Bargaining in the Broader Public Sector Workshop$1\,295.00Add to cart	\n			\n  \nVancouver Labour Arbitration and Policy Conference Workshop$1\,295.00Add to cart	\n			\n  \n\nVancouver Labour Arbitration and Policy Conference & Bargaining in the Broader Public Sector Conference$2\,295.00Add to cart	\n			\n  \nVancouver Labour Arbitration and Policy Conference & Bargaining in the Broader Public Sector Conference – Bundle (Conference + Workshop)$2\,995.00Select options	\n		This product has multiple variants. The options may be chosen on the product page	\n  \n\nBargaining in the Broader Public Sector ConferenceConference Co-chairs\n\n \nLeanne Bowes\nChief Executive Officer\nPost-Secondary Employers’ Association \n\n\n \nElisabeth Finney\nUnion Counsel\nBlack Burke Mayor \n\n\n\nConference Advisory Committee \n\n\n \nJeremy Bryant\nUnion Counsel\nBanister & Company \n\n\n \nAndrea Mears\nLabour Relations Officer Professional Employees Association \n\n\n \nAlissa Perry\nDirector\, Employee Relations\nBC Public School Employers’ Association \n\n\n \nPaul Reniers\nDivison Manager\, Collective Bargaining\nMetro Vancouver \n\n\n\nLabour Arbitration and Policy Conference \nConference Co-chairs\n\n \nCarolyn Janusz\nUnion Counsel\nGoodwin Law \n\n\n \nJames Kondopulos\nEmployer Counsel\nRoper Greyell LLP \n\n\n \nJohn McConchie\nArbitrator/Mediator \n\n\n\nConference Advisory Committee \n\n\n \nGretchen Brown\nUnion Counsel\nBritish Columbia Teachers’ Federation (BCTF) \n\n\n \nStephanie Mayor\nUnion Counsel\nBlack Burke Mayor \n\n\n \nCarolynn Ryan\nSenior VP People & Chief Human Resources Officer\nBC Hydro \n\n\n \nMarino Sveinson\nEmployer Counsel\nPulver Crawford Munroe \n\n\n\nCPD \nBargaining in the Broader Public Sector Conference CPD\n\n\n\nThis program has been approved by CPHR BC & Yukon for 5.25 Continuing Professional Development hours.\n\n\n\n\n \n\nThis program has been approved by the Law Society of British Columbia for 5.25 Continuing Professional Development hours.\n\n\n\n\n\nVancouver Labour Arbitration and Policy Conference CPD\n\n\n\nThis program has been approved by CPHR BC & Yukon 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\n\n\nVancouver Bargaining in the Broader Public Sector Pre-Conference Workshop CPD\n\n\n\nThis program has been approved by CPHR BC & Yukon 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\n\n\nVancouver Labour Arbitration And Policy Pre-Conference Workshop CPD\n\n\n\nThis program has been approved by CPHR BC & Yukon 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\n\n\nRegister
URL:https://lancasterhouse.com/event/vancouver-bargaining-in-the-broader-public-sector-and-labour-arbitration-and-policy-conference-2025/
LOCATION:Pan Pacific Hotel Vancouver\, 999 Canada Pl #300\, Vancouver\, British Columbia\, V6C 3B5\, Canada
CATEGORIES:Bargaining in the Broader Public Sector Conference,Conference,Labour Arbitration and Policy Conference
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/2025/02/Vancouver-Bargaining-in-the-Broader-Public-Sector-and-Labour-Arbitration-and-Policy-Conference-2025-banner-2.jpg
END:VEVENT
BEGIN:VEVENT
DTSTART;VALUE=DATE:20250612
DTEND;VALUE=DATE:20250614
DTSTAMP:20260425T165802
CREATED:20240813T154727Z
LAST-MODIFIED:20250612T134137Z
UID:14571-1749686400-1749859199@lancasterhouse.com
SUMMARY:43rd Annual Calgary Labour Arbitration and Policy Conference
DESCRIPTION:Navigating Labour Relations\, Arbitration\, and Employment Policies in AlbertaWhat is the Calgary Labour Arbitration and Policy Conference 2025?The Calgary Labour Arbitration and Policy Conference 2025 is designed to provide HR professionals\, labour relations specialists\, legal practitioners\, and union representatives with the latest insights into labour arbitration\, employment law\, and workplace policies. Hosted by Lancaster House\, this two-day conference offers a comprehensive program featuring expert-led workshops\, keynote speeches\, and interactive sessions focused on the unique challenges and developments in Alberta’s labour landscape. \nPre-Conference Workshop – Calgary Labour Arbitration and Policy ConferenceRead more	\n			\n  \nCalgary Labour Arbitration and Policy Conference & Pre-Conference WorkshopRead more	\n			\n  \nCalgary Labour Arbitration and Policy ConferenceRead more	\n			\n  \nWhat We’re CoveringThis year’s conference addresses critical topics shaping the future of labour relations and employment policies: \n\nEssentials of Advocacy in Mediation – Strategies for effective preparation and delivery in the mediation process. \n\nConducting Fair and Bias-Free Investigations – Practical approaches to ensure integrity and impartiality in workplace investigations. \n\nAccommodating Elusive Disabilities – Best practices for obtaining medical information and creating appropriate accommodations. \n\nLabour Relations in Uncertain Times – Exploring the implications of economic and political climates on the world of work. \n\nTechnological Change and Workplace Privacy – Addressing issues related to surveillance\, monitoring\, and privacy in the digital age. \n\nImplementing Equity\, Diversity\, and Inclusion (EDI) – Strategies for fostering inclusive environments within unionized workplaces. \nWho Should Attend?This conference is tailored for professionals involved in labour relations and employment law: \n\nHR Managers and Directors – Enhance your understanding of arbitration processes and policy development. \n\nLabour Relations Specialists – Stay informed on the latest arbitration cases and legislative changes. \n\nLegal Practitioners – Gain insights into emerging trends and case law in labour and employment sectors. \n\nUnion Representatives – Learn effective advocacy and negotiation strategies. \n\nCorporate Executives – Understand the impact of labour policies on organizational operations. \nKey Learning OutcomesBy attending\, you will: \n\nDevelop skills to conduct impartial and thorough workplace investigations. \n\nUnderstand legal requirements and best practices for accommodating disabilities. \n\nAnalyze the impact of economic and political factors on labour relations. \n\nNavigate challenges posed by technological advancements in workplace privacy. \n\nImplement effective EDI initiatives within unionized environments. \nWhy Choose Lancaster House?With a legacy of excellence in legal publishing and labour arbitration insights\, Lancaster House is committed to delivering high-quality educational experiences. Our conferences are curated by leading experts\, ensuring participants receive current\, relevant\, and practical information applicable to their professional roles. \n\nExpert-Led Sessions – Learn from distinguished professionals in labour law and arbitration. \n\nComprehensive Materials – Access detailed resources and case studies. \n\nNetworking Opportunities – Connect with peers and industry leaders. \n\nPractical Insights – Gain strategies ready for immediate implementation. \nThursday\, June 12\, 2025Breakfast: 8:00 am – 8:40 am MT \nIntroductory remarks: 9:00 am – 9:10 am MT \nPre-Conference Concurrent Workshops (Choice of 1 of 3)*Workshops sold separately from stand-alone conference. \nWorkshop schedule: 9:00 am – 4:00 pm MT\n(The schedule will run concurrently for all three workshops until 4:00 pm) \nWorkshop 1 - Essentials of Advocacy in the Mediation Process: Strategy\, preparation and delivery \n\n\n \nWilson Chan\nEmployer Counsel\nMathews\, Dinsdale & Clark LLP \n\n\n \nPaulette DeKelver\nMediator\nDeKelver Dispute Resolution \n\n\n \nElla Henry\nCounsel\nCanadian Union of Public Employees \n\n\n \nBruce Moffatt\nMediator\nBM consulting \n\n\nThe ability to use mediation to successfully resolve grievances is essential for labour relations practitioners and requires effective preparation\, strong negotiation and advocacy skills\, and attention to the needs and interests of each party. In this workshop\, panelists will provide expert guidance on representing workplace parties at mediation. The session will cover practical skills and key legal concepts\, equipping attendees to: \n\nRecognize how power imbalances and “invisible” barriers may impact the mediation process and take steps to address those barriers;\nDetermine when it is appropriate to use mediation to seek to resolve a grievance;\nSelect a mediation process (such as mediation-arbitration versus distinct mediation and arbitration processes) and select an appropriate mediator;\nPrepare for the mediation strategically and thoroughly;\nCommunicate effectively and use different negotiating styles to relay a position and bridge impasses;\nUnderstand and leverage opposing parties’ interests and objectives;\nApply key legal and practical considerations in crafting settlement agreements; and\nRecognize when settlement is unlikely and arbitration is necessary.\n\nAttendees will work together on an interactive exercise guided by the workshop facilitators\, allowing participants to apply principles and practice skills learned throughout the day in a supportive setting. \nWorkshop 2 - Conducting Effective\, Fair\, and Bias-Free Investigations: A practical\, hands-on workshop \n\n\n \nSylvie Lang\nLawyer and Workplace Investigator\nSouthern Butler Price \n\n\n \nJackie Laviolette\nEmployer Counsel\nMathews\, Dinsdale & Clark LLP \n\n\n \nMaryna McTague\nUnion Counsel\nSeveny Scott \n\n\nWorkplace investigations are essential for addressing harassment and discrimination\, but if mishandled\, they can cause further harm to employee well-being and lead to the loss of valuable employees. This full-day workshop offers hands-on scenarios and practical insights to ensure fair\, effective investigations that strengthen workplace culture. The panel will explore the following questions: \n\nIdentify procedural mistakes that can render investigations inadequate;\nUnderstand how adjudicators assess and award damages for an employer’s failure to investigate;\nEvaluate when to conduct an internal investigation versus retaining an external investigator;\nRecognize signs of trauma in complainants and witnesses and adapt investigative approaches accordingly;\nApply interview techniques that encourage participation while minimizing re-traumatization;\nEnsure investigations accommodate employees with disabilities\, language barriers\, and other diverse needs;\nImplement practical steps to protect involved parties during an ongoing investigation;\nEnhance transparency in investigative decision-making processes; and\nExplore ways unions and management can support workplace positive workplace relations after an investigation.\n\nWorkshop 3 - Disabilities that Elude Diagnosis: Obtaining medical information\, creating appropriate accommodations \n\n\n \nGreg Francis\nArbitrator and Mediator \n\n\n \nApril Kosten\nEmployer Counsel\nDentons LLP \n\n\n \nDr. Maryana Kravtsenyuk\nAssistant Clinical Professor Department of Psychiatry\nUniversity of Alberta \n\n\n \nCherie Langlois-Klassen\nUnion Counsel\nBlair Chahley Klassen \n\n\nAn employer’s duty to accommodate an employee’s disability can apply even without a formal diagnosis. This session explores the challenges of complex disabilities\, offering guidance on appropriate inquiries\, effective accommodations\, and when undue hardship has been established. Participants will engage in practical scenarios and leave this session with an understanding of key issues\, including: \n\nWhat it means to have a medical condition that eludes diagnosis;\nRequirements for establishing a disability and how this applies to disabilities that are difficult to diagnose;\nWhat information an employer is entitled to in the accommodation process for difficult-to-diagnose disabilities and how employers can approach asking for this information;\nWhat information an employee must and/or should provide in the accommodation process for these disabilities;\nHow employers and unions can approach accommodation where information and expertise may be scarce\, the disability difficult to diagnose\, and/or more information than provided is needed;\nHow employers can distinguish between difficult-to-diagnose disabilities and sick leave abuse;\nThe role of the employer\, employee\, and union in accommodating disabilities that are difficult to diagnose;\nHow employers should respond to requests for accommodation prior to an official diagnosis and colleague complaints regarding these accommodations;\nSuggested accommodations for common difficult-to-diagnose conditions; and\nWhen undue hardship has been established.\n\nConferenceSponsored by:Conference registration includes access to an evening networking reception and plenary on June 12\, as well as three plenary sessions and your choice of two concurrent sessions on June 13. \nCocktail networking reception: 5:00 pm – 7:00 pm MT \nIntroductory remarks by co-chairs: 7:00 pm – 7:05 pm MT \nKeynote Speech by The Honourable Justice Michele H. Hollins - Lessons from my Breakdown - 7:05 pm – 7:35 pm MT\n\n\n \nThe Honourable Justice Michele H. Hollins\n\n\nLessons from my Breakdown \nBreak: 7:35 pm – 7:45 pm MT \nEvening Plenary - Labour Relations in Uncertain Times: Exploring the implications of the economic and political climate for the world of work - 7:45 pm – 9:00 pm MT\n\n\n \nTricia Gibbs\nLabour Relations Officer\nUnited Nurses of Alberta (UNA) \n\n\n \nChantel Kassongo\nEmployer Counsel\nNeuman Thompson \n\n\n \nCharles St-Arnaud\nChief Economist\nCredit Union Central Alberta \n\n\n \nTrevor Tombe\nProfessor\nDepartment of Economics\nUniversity of Calgary \n\n\nIn an era of economic uncertainty and political change\, unions and employers must address evolving labour policies\, geopolitical pressures\, and shifting worker expectations. The panel will examine key economic and political trends shaping collective bargaining and workplace relations in 2025\, specifically addressing: \n\nWhat short- and long-term economic and political trends are predicted in 2025 in Alberta? In Canada?\nHow are broader geopolitical events\, including global economic instability\, supply chain disruptions\, rail strikes\, and international trade agreements\, affecting labour relations and economic security for workers in Alberta and across Canada?\nHow will U.S. tariffs on Canadian goods and services impact workplace stability and collective bargaining in Alberta\, and what ongoing effects can be expected? What strategies can unions and employers implement to navigate these challenges?\nWhat changes can be expected to employment standards and regulations on strike activity\, and how will they influence bargaining strategies?\nWhat key demands are emerging at the bargaining table in the current climate? How are debates on workplace rights\, AI\, remote work\, EDI\, gig work\, job security\, and social justice influencing priorities at the bargaining table?\nHow can unions and employers address the growing political polarization in workplaces\, especially when employees have diverging views on economic policy\, government intervention\, and labour rights?\n\nFriday\, June 13\, 2025Breakfast: 8:00 am – 8:40 am MT \nIntroductory remarks by co-chairs: 8:40 am – 8:45 am MT \nPlenary 2 - The Latest in Labour Law: Significant recent cases and legislative developments - 8:45 am – 10:00 am MT\n\n\n \nBob Blakely\nUnion Counsel\nBlakely + Dushenski Legal Counsel \n\n\n \nKaren Scott\nArbitrator/Mediator \n\n\n \nJean Torrens\nEmployer Counsel\nMLT Aikins LLP \n\n\nIn this session\, panelists will delve into recent significant developments in federal and provincial labour law\, exploring guiding principles and emerging trends in a changing world of work. Panelists will address the latest cases on topics including: \n\nthe legality of recent federal government interventions pausing or prohibiting strikes in the railway\, postal\, and other sectors;\nimplications of the Supreme Court’s decision in the Quebec Casinos\, case denying collective bargaining rights to front line supervisors;\na recent Quebec Court of Appeal decision upholding the role of unions in the selection of interest arbitrators;\ndiscrimination\, harassment\, and accommodation;\nemployee social media use and expression of political views and/or religious beliefs at work;\ntrends in discipline and damages awards;\nremote work – employer discretion and employee entitlement; and\nissues of justification for substance use testing.\n\nPanelists will also address recent legislative and regulatory developments\, such as: \n\nupdated government guidance regarding requirements under federal supply chain transparency legislation;\nupdates to Alberta’s access to information and privacy legislation\, including new obligations regarding reporting privacy breaches\, notice requirements regarding the use of automated decision-making\, and new powers to disregard access to information requests in certain circumstances;\nlegislation restricting the use of strike replacement workers passed federally and in Manitoba; and\nnewly proposed legislation in Quebec on arbitrator selection and government powers to pause or prohibit strikes.\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 in a shifting socioeconomic and political landscape. \nMorning break: 10:00 am – 10:15 am MT \nPlenary 3 - Bargaining Chips and Microchips: Addressing technological change\, surveillance\, monitoring\, and privacy in the workplace - 10:15 am – 11:20 am MT\n\n\n \nMark Asbell\nArbitrator\, Mediator\, and Adjudicator\nAsbell Dispute Resolutions \n\n\n \nDr. Gideon Christian\nUniversity Excellence Research Chair (AI and Law)\nFaculty of Law\nUniversity of Calgary \n\n\n \nClayton Cook\nUnion Counsel\nMcGown Cook \n\n\n \nVicki Giles\nEmployer Counsel\nMcLennan Ross LLP \n\n\nHow can workplaces ensure that their use of technology complies with existing employee privacy and human rights laws while also navigating emerging legal and technological uncertainties? The panel will explore the potential impact of emerging artificial intelligence (AI) and surveillance technologies on employee privacy and productivity\, and how workplaces can address these challenges in collective agreements. Specifically\, the panel will address: \n\nHow have arbitrators treated the use of emerging monitoring and surveillance technologies intended to measure employee productivity? What lessons can be learned from these decisions when negotiating collective agreement language?\nWhat current issues related to using technology in the workplace\, particularly the use of AI\, should employers and unions address through collective bargaining?\nAre employees entitled to information about how their employer is using AI\, monitoring\, and surveillance technologies? What role do unions have in what employee information employers collect and how it is used?\nHow can collective bargaining be used to protect against the risks of emerging technologies such as “algorithmic management” and address the relevant concerns of both employers and unions?\nDoes the use of emerging surveillance technology make it more difficult for employers to ensure they are avoiding employee privacy breaches\, particularly in terms of the limits on off-duty surveillance? How should the limits on off-duty surveillance be addressed through collective agreement language?\nWhat language should be included in collective agreement provisions addressing AI\, technology\, and employee privacy?\n\nBreak: 11:20 am – 11:35 am MT \nConcurrent Sessions (Choice of 2 of 3) Concurrent 1 - What’s Fresh in Fact-Finding? The latest on best practices in workplace investigations\n\n\n \nDana Christianson\nUnion Lawyer\nSeveny Scott \n\n\n \nSarah Coderre\nCounsel\nBow River Law \n\n\n \nJennifer Hawkins\nPartner\nSouthern Butler Price LLP \n\n\nIn this panel\, experts will examine recent cases addressing workplace investigations and explore key principles and best practices towards conducting fair\, adequate\, and effective investigations into human rights related allegations. The panel will address: \n\nWhat lessons can be learned from recent cases as to what constitutes a fair and adequate investigation process? What procedural flaws have been found to render an investigation unfair or inadequate?\nTo what extent are investigations privileged? How should employers navigate issues of privilege and confidentiality when conducting workplace investigations? How can investigators protect an employee’s privacy rights during a workplace investigation?\nHow can employers best determine who should lead an investigation? How much should independence factor into who should investigate workplace incidents and harassment? When should an external investigator be retained?\nHow can investigators address systemic inequalities and unconscious biases in the workplace during the fact-finding process? How does adopting a trauma-informed approach to conducting witness interviews affect an investigation?\nWhat measures should an employer take when an allegation is not substantiated? Does the union have a role in restoring workplace harmony following an unsubstantiated investigation?\n\nConcurrent 2 - Compliance and Compassion: Providing representation while accommodating disabilities and meeting professional obligations\n\n\n \nKara O’Halloran\nUnion Counsel\nChivers Carpenter \n\n\n \nJeremy Schick\nVice-Chair\nAlberta Labour Relations Board \n\n\n \nJill Wilkie\nEmployer Counsel\nMiller Thomson LLP \n\n\nNavigating the complexities of representing employees who may seem “difficult to work with” (e.g. combative\, non-responsive\, or invested in their matter to an above-average degree) requires a balance of compassionate representation and adherence to legal obligations. Panelists will provide practical guidance for labour relations professionals in handling these sensitive situations. Topics to be addressed include: \n\nWhat key rules of professional conduct establish obligations when representing grievors? What legal duties apply to union representatives?\nWhat signs may indicate that an employee has a mental health condition or other disability impacting their conduct while being represented? How can parties distinguish a “vexatious” grievor from an individual who simply needs additional support?\nHow should representatives respond when the employee being represented is exhibiting behavior such as being hostile or non-responsive\, and/or exhibiting diminished capacity? What legal duties do representatives have in this context?\nHow might trauma\, cultural factors\, or previous experiences of discrimination impact the way an individual acts throughout a complaint? How can representatives approach helping grievors navigate through these issues?\nHow can representatives ensure that their own biases do not impact their representation? Are there circumstances where a representative should refuse or step away from representing a grievor?\n\nConcurrent 3 - From Resolution to Results: Implementing EDI in the unionized workplace\n\n\n \nSania Chaudhry\nInvestigator\nUBC Investigations Office \n\n\n \nSteve Durrell\nRegional Executive Officer – Alberta\nUnited Steelworkers Local 1944 \n\n\n \nJames Demers\nSenior Strategist and Trainer\nCanadian Equality Consulting \n\n\nCanadian workplaces are increasingly recognizing the need to apply the principles of equity\, diversity\, and inclusion (EDI) in their policies and practices. In this panel\, experts will provide practical guidance on how employers and unions can foster a work environment that ensures the full and fair participation of employees. Questions discussed will include: \n\nIn what ways does systemic racism manifest in the workplace? What factors should be considered in determining whether systemic discrimination has adversely impacted an employee?\nHow have arbitrators and human rights tribunals resolved evidentiary and credibility challenges when determining whether discrimination has occurred?\nWhen will a rule or standard that on its face appears to be discriminatory be justified as a bona fide occupational requirement? When will accommodating an employee amount to undue hardship?\nWhen will employers be held liable for the discriminatory conduct of employees toward other employees in the workplace?\nAre changing social contexts affecting how workplace parties approach the task of preventing and responding to discrimination and harassment? What is the role of diversity and inclusion training?\nWhat are the required features of an effective workplace policy on discrimination? How can employers ensure their violence and harassment policies are compliant with upcoming amendments to Alberta’s Occupational Health and Safety Code?\n\nConcurrent Session: 11:35 am – 12:35 pm MT \nLunch: 12:35 pm – 1:45 pm MT \nConcurrent Session: 1:45 pm – 2:45 pm MT \nAfternoon break: 2:45 pm – 3:00 pm MT \nPlenary 4 - Discrimination and Harassment at Arbitration: Experts examine key cases\, evolving arbitral perspectives\, evidentiary considerations\, and more - 3:00 pm – 4:15 pm MT\n\n\n \nDamon Bailey\, K.C.\nPartner\nMcLennan Ross LLP \n\n\n \nLeanne Chahley\nUnion Counsel\nBlair Chahley Klassen \n\n\n \nAndrew C.L. Sims K.C.\nArbitration & Mediation \n\n\nIn this session\, panelists 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\nHow does systemic discrimination influence decisions about how grievances are handled\, including which should proceed to arbitration?\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 have arbitrators and other decision-makers resolved evidentiary and credibility challenges when determining whether discrimination or harassment has occurred? What evidence must be presented at arbitration to such claims? When is it necessary or appropriate to present expert evidence?\nHow can trauma\, cultural factors\, or experiences of discrimination impact the way in which a witness delivers evidence? How can bias and stereotypes impact a decision-maker’s assessment as to credibility?\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\nCalgary Labour Arbitration and Policy ConferenceConference Co-Chairs\n\n \nDavid Lardner\nUnion Representative\, Disputes and Arbitration\nAlberta Union of Provincial Employees (AUPE) \n\n\n \nErin Ludwig\nAssociate General Counsel Labour and Employment\nAlberta Health Services (AHS) \n\n\n \nJames Casey\nArbitrator and Mediation\nLabour Arbitration+Mediation \n\n\nConference Advisory Committee\n\n \nCheryl Yingst Bartel\nArbitrator/Mediator\nYingst Bartel ADR Inc. \n\n\n \nMaurice Dransfeld\nEmployer Counsel\nMcLennan Ross \n\n\n \nTom Hesse\nPresident\nUFCW Local 401 \n\n\n \nJacqueline Lacasse\nGeneral Counsel and VP People & Culture\nUniversity of Calgary \n\n\n \nNatalia Makuch\nUnion Counsel\nChivers Carpenter Lawyers \n\n\n \nJeremy Schick\nVice-Chair with the Labour Relations Board \n\n\nCPDConference CPD\n\n\nThis program has been approved by CPHR Alberta for 7.3 Continuing Professional Development hours.\n\nWorkshop CPD\n\n\nEach Pre-Conference Workshop has been approved by CPHR Alberta for 5.5 Continuing Professional Development hours.
URL:https://lancasterhouse.com/event/calgary-labour-arbitration-and-policy-conference-2025/
LOCATION:Sheraton Suites Calgary Eau Claire\, 255 Barclay Parade Southwest\, Calgary\, Alberta\, T2P 5C2\, Canada
CATEGORIES:Conference,Labour Arbitration and Policy Conference
ATTACH;FMTTYPE=image/png:https://lancasterhouse.com/wp-content/uploads/2024/08/calgary-lapc-2025-banner.png
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BEGIN:VEVENT
DTSTART;VALUE=DATE:20241211
DTEND;VALUE=DATE:20241214
DTSTAMP:20260425T165802
CREATED:20240318T191640Z
LAST-MODIFIED:20241212T191518Z
UID:12822-1733875200-1734134399@lancasterhouse.com
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
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/header/TO-LACPSB-header.jpg
END:VEVENT
BEGIN:VEVENT
DTSTART;VALUE=DATE:20241119
DTEND;VALUE=DATE:20241122
DTSTAMP:20260425T165802
CREATED:20240304T160642Z
LAST-MODIFIED:20241120T181121Z
UID:12506-1731974400-1732233599@lancasterhouse.com
SUMMARY:Vancouver Bargaining in the Broader Public Sector and Labour Arbitration and Policy Conference
DESCRIPTION:Bargaining in the Broader Public Sector ConferenceCo-chairs\n\n \nAnthony (Tony) Glavin\nUnion Counsel\nKoskie Glavin Gordon \n\n\n \nAdriana Wills\nEmployer Counsel\nHarris & Company LLP \n\n\nConference Advisory Committee\n\n \nAshkon Hashemi\nSenior Member Services Officer\, Labour Relations\nUBC Association of Administrative and Professional Staff \n\n\n \nJeanne Meyers\nExecutive Director and General Counsel\nHealth Sciences Association of British Columbia (HSABC) \n\n\n \nDelayne Sartison\nEmployer Counsel\nRoper Greyell LLP \n\n\n \nJay Sharun\nChief Executive Officer\nNational Collective Bargaining Institute \n\n\nLabour Arbitration and Policy ConferenceConference Co-Chairs\n\n \nJennifer Glougie\nChair\nBC Labour Relations Board (BCLRB) \n\n\n \nEric Ito\nEmployer Counsel\nCooperwilliams Truman & Ito LLP \n\n\n \nTamara Ramusovic\nUnion Counsel\nMoore Edgar Lyster LLP \n\n\nConference Advisory Committee\n\n \nKaity Cooper\nGeneral Counsel\nHospital Employees’ Union (HEU) \n\n\n \nHeather Hettiarachchi\nEmployer Counsel\nIntegritas Workplace Law \n\n\n \nKevin Jeske\nAssociate Vice-President\, Human Resources\nUniversity of the Fraser Valley \n\n\nTuesday\, November 19\, 2024Workshop*Workshop sold separately from stand-alone conference. \n\n\n\n\n\nTime\nSchedule\n\n\n\n\nBreakfast\n8:00 am – 9:00 am PT\n\n\nWorkshop\n9:00 am – 10:25 am PT\n\n\nMorning Break\n10:25 am – 10:40 am PT\n\n\nWorkshop\n10:40 am – 12:00 pm PT\n\n\nLunch\n12:00 pm – 1:00 pm PT\n\n\nWorkshop\n1:00 pm – 2:20 pm PT\n\n\nAfternoon Break\n2:20 pm – 2:35 pm PT\n\n\nWorkshop\n2:35 pm – 4:00 pm PT\n\n\nWorkshop Ends\n4:00 pm PT\n\n\n\n\nBargaining In The Broader Public Sector Conference WorkshopAdvanced Skills in Bargaining: Overcoming roadblocks\, costing benefits\, crafting language\n\n\n \nMichael Conlon\nExecutive Director\nFederation for Post-Secondary Educators of BC (FPSE) \n\n\n \nRyan Goldvine\nMediator/Arbitrator\nGoldvine Dispute Resolution Services \nPart-Time Member\nBC Employment Standards Tribunal \n\n\n \nJohn Rogers\nUnion Counsel\nVictory Square Law Office \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 determine the cost of benefits\, including intangible benefits such as wellness programs\, and craft clear\, compelling\, and innovative collective agreement language. \nWednesday\, November 20\, 2024Bargaining in the Broader Public Sector ConferenceBreakfast: 8:00 am – 9:00 am PT \nOpening Remarks: 9:00 am – 9:05 am PT \nPanel 1 - Checking the Fiscal Forecast: Bargaining in B.C.’s current economic environment - 9:05 am – 10:20 am PT\n\n\n \nJames Johnson\nAssociate Professor\, Economics\nUniversity of British Columbia (UBC) \nMember and Chief Negotiator\,\nUBC Faculty Association Bargaining Team \n\n\n \nJeff Marwick\nDirector\, Regional Employers Services\nMetro Vancouver \n\n\n \nKevin Milligan\nProfessor and Director\, Vancouver School of Economics\nUniversity of British Columbia (UBC) \n\n\n \nJim Stanford\nEconomist and Director\nCentre for Future Work \n\n\nIn this session\, expert panelists will explore 2025 economic and fiscal forecasts and their implications for bargaining\, focusing on settlements and awards\, and addressing questions such as: \n\nWhat short- and long-term economic trends are experts predicting Canadians will experience in 2025 in British Columbia? Canada? The United States?\nAre inflation and cost-of-living projected to increase in 2025?\n How has the increase of the British Columbia minimum wage to $17.40 impacted bargaining? How will it impact future bargaining?\n What key non-monetary demands are emerging at the bargaining table in the current climate?\n What 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 PT \nPanel 2 - Breaking Barriers\, Achieving Balance: Addressing retention and EDI at the bargaining table - 10:35 am – 11:45 am PT\n\n\n \nLeanne Anderson\nMember Services Officer\, Advocacy\nUBC Association of Administrative and Professional Staff \n\n\n \nTheo Arsenault\nUnion Counsel\nArsenault Aaron Lawyers \n\n\n \nRyan Copeland\n\n\n \nMaynard A. Witvoet\nAssociate Director\, People Relations\nVancouver Community College (VCC) \n\n\nAddressing Equity\, Diversity\, and Inclusion (EDI) at the bargaining table is critical for complying with legal requirements\, cultivating workplaces that nurture diverse talents\, and enhancing organizational culture. In this panel\, experts will provide guidance on building a more equitable workplace through collective bargaining\, addressing the following: \n\nWhat steps should unions and employers take to identify equity issues in the workplace? What information should be gathered in preparation for bargaining on these issues?\nWhat questions should guide unions and employers in reviewing collective agreements and bargaining proposals through an equity lens?\nHow might existing collective agreement language and definitions be written or revised to ensure that they are equitable and inclusive?\nHow can unions and employers measure the effectiveness of negotiated programs or provisions on equity issues?\n\nBreak: 11:45 am – 12:00 pm PT \nFireside Chat with Vincent Ready - 12:00 pm – 12:30 pm PT\n\n\n \nVince Ready\nArbitrator/Mediator \n\n\nLunch: 12:30 pm – 1:25 pm PT \nPanel 3 - Rapid Refresher: Key cases\, legislative changes\, and their impact on negotiations - 1:25 pm – 2:35 pm PT\n\n\n \nJessica Gregory\nArbitrator/Mediator/Investigator \n\n\n \nDelayne Sartison\nEmployer Counsel\nRoper Greyell LLP \n\n\n \nMichael Shapiro\nUnion Counsel\nHastings Labour Law Office LLP \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. Topics currently include: \n\nThe impact of recent court decisions concerning freedom of association and the legality of legislation restricting collective bargaining;\nThe impact of recent arbitral awards\, including grievance arbitration decisions addressing key principles of collective agreement interpretation;\nThe impact of recent labour board decisions addressing issues such as unfair labour practices\, illegal strikes\, good faith bargaining\, and statutory freeze violations;\nRecent legislative initiatives including:\n\nFederal legislation to ban the use of strike replacement workers; and\nC.’s ongoing review of the Labour Relations Code;\n\n\nRecent noteworthy settlements and strike actions; and\nCurrent workplace trends\, including privatization\, remote work\, and the right to disconnect.\n\nBreak: 2:35 pm – 2:50 pm PT \nPanel 4 - Tech Talks: Addressing technological change\, surveillance\, monitoring\, and AI at the bargaining table - 2:50 pm – 4:00 pm PT\n\n\n \nGraeme Johnston\nSenior Labour Relations Officer\nHealth Sciences Association of BC (HSABC) \n\n\n \nSuzanne Kennedy\nEmployer Counsel\nHarris & Company LLP \n\n\n \nOludolapo Makinde\nPhD Candidate\nUniversity of British Columbia (UBC) \n\n\n \nTina-Marie Bradford\nStaff Representative\, Advocacy Department\nBC General Employees’ Union (BCGEU) \n\n\n \nJordan Michaux\nEmployer Counsel\nRoper Greyell LLP \n\n\nWorkplaces must ensure that their use of technology complies with existing laws relating to employee privacy and human rights\, while also grappling with new areas where the law has not yet been extensively developed – such as the use of artificial intelligence (AI). In this panel\, experts will examine how collective bargaining can be used to address the complex and wide-ranging issues emerging from using technology in the workplace. Panelists will explore: \n\nWhat current issues related to using technology in the workplace should employers and unions address at the bargaining table?\nWhat issues resulting from the use of AI in the workplace should be addressed through collective bargaining? What lessons can be learned from collective agreement language that has addressed past technological changes?\nWhat information is available to employers using AI\, monitoring\, and surveillance technologies? Are employees entitled to information about how their employer is using AI\, 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?\nWhat specific risks do emerging technologies such as “algorithmic management” present for employees’ right to privacy and non-discrimination? How can collective bargaining be used to protect against these risks and address concerns of both employers and unions?\nHow have arbitrators treated the use of emerging monitoring and surveillance technologies intended to measure employee productivity? What lessons can be learned from these decisions when negotiating collective agreement language?\nDo employers have a right to conduct off-duty surveillance of employees? What limits exist on off-duty surveillance? How should these concerns be addressed through collective agreement language?\nWhat are some examples of collective agreement provisions addressing AI\, technology\, and employee privacy?\n\nClosing Remarks: 4:00 pm PT \nThursday\, November 21\, 2024Labour Arbitration and Policy ConferenceBreakfast: 8:00 am – 9:00 am PT \nOpening Remarks: 9:00 am – 9:05 am PT \nPanel 1 - Current and Critical: Experts examine recent cases and legislative developments - 9:05 am – 10:35 am PT\n\n\n \nCarolyn Janusz\nUnion Counsel\nGoodwin Law \n\n\n \nJitesh Mistry\nLabour Arbitrator/Mediator\nMistry ADR \n\n\n \nLindsie Thomson\nEmployer Counsel\nHarris & Company LLP \n\n\nIn this panel\, experts will address recent cases and legislative developments impacting federally and provincially regulated workplaces. \nPanelists will discuss the latest cases on the following topics: \n\nDiscipline and dismissal;\nDiscrimination\, harassment\, and accommodation;\nWorkplace investigations;\nPrivacy and computer access;\nRefusal to vaccinate;\nRemote work; and\nCollective bargaining and the right to strike.\n\nPanelists will also examine recent legislative initiatives: \n\nAn increase in B.C.’s minimum wage;\nAmendments to workers’ rights to strike under B.C.’s Labour Relations Code;\nEmployers’ and workers’ duties under B.C.’s Workers Compensation Act;\nGig workers’ rights in B.C.;\nEmployers’ obligations under the federal Accessible Canada Act; and\nChanges to the Canada Labour Code regarding termination and the “right to disconnect.”\n\nFinal selection of topics will take place in the weeks leading up to the conference\, ensuring coverage of the latest developments. \nBreak: 10:35 am – 10:50 am PT \nPanel 2 - New Rules for Return to Work: The duty to cooperate and maintain employment under the Workers Compensation Act - 10:50 am – 11:45 am PT\n\n\n \nAmanda Alberti\nEmployer Counsel\nHarris \n\n\n \nJackie Christofferson\nCounsel\nWorksafeBC \n\n\n \nPeter Eastwood\nUnion Counsel\nHHBG Lawyers \n\n\n \nElise Kobylanski\nManager Client Services\nReturn to Work Services\nWorksafeBC \n\n\nIn this session\, panelists will examine recent amendments to B.C.’s Workers Compensation Act which introduce a new “duty to cooperate” and “duty to maintain employment.” Speakers will address questions including: \n\nWhat new obligations are imposed on workplace parties under the “duty to cooperate” and “duty to maintain employment”? When and to whom do these duties apply?\nWhat changes should employers consider making to workplace policies in order to ensure compliance with these duties? What unique challenges may arise in fulfilling these duties in a unionized workplace? What role exists for unions in the implementation and enforcement of these duties?\nMust an employer or worker file a complaint with WorkSafeBC in order to trigger an investigation into the parties’ compliance with these duties? Or can WorkSafeBC initiate an investigation into parties’ compliance on its own initiative?\nWhere a breach of the duties has been alleged or is being investigated\, what rights do parties have to provide and receive information\, make submissions\, and challenge any determination reached?\nWhat consequences may follow if WorkSafeBC determines that a party has failed to comply with its obligations under these provisions?\nShould claims relating to an employee’s return to work be advanced through labour arbitration\, a human rights tribunal proceeding\, or through WorkSafeBC? Can parties expect to face procedural arguments that WorkSafeBC has exclusive jurisdiction over aspects of their claim?\n\nBreak: 11:45 am – 11:55 am PT \nKeynote by Dr. Chris Stewart-Patterson - Invisible Disability in the Workplace - 11:55 am – 12:30 pm PT\n\n\n \nDr. Chris Stewart-Patterson\nCME Program Director\nHarvard Medical School \n\n\nFibromyalgia\, chronic fatigue syndrome\, and increasingly long COVID (Post COVID-19 Condition) are medical conditions that can have significant impairment that is not obviously visible in the workplace. There are no definitive objective tests that can demonstrate the severity of these conditions\, so the question remains: how is impairment assessed in these conditions? If impairment is reliably established\, then\, if appropriate\, what are some reasonable accommodations that can result in greater workplace satisfaction\, attendance\, and productivity for individuals with these conditions? The presentation aims to discuss current evidence and approaches to both issues. \nLunch: 12:30 pm – 1:25 pm PT \nPanel 3 - Different Roads to Resolution: Conducting effective investigations or making the most of ADR - 1:25 pm – 2:30 pm PT\n\n\n \nHeather Hettiarachchi\nEmployer Counsel\nIntegritas Workplace Law \n\n\n \nDavid Louie\nLawyer and Workplace Investigator\nSouthern Butler Price LLP \n\n\n \nSonya Sabet-Rasekh\nStaff Representative\, Advocacy Department\,\nB.C. General Employees’ Union \n\n\nWhen an employee files a complaint alleging workplace discrimination\, harassment\, violence\, or other misconduct\, an employer may take multiple pathways — short of arbitration — to resolve the complaint and restore workplace health and safety. Employers should be aware of the pros and cons of each option. In this panel\, experts will explore: \n\nWhat is the difference between alternative dispute resolution (ADR)\, arbitration\, mediation\, and investigation?\nWhat makes an investigation effective?\nWhen is an employer’s duty to investigate triggered? What are the pros and cons of using ADR to resolve a complaint?\nWhat is the role of the union in these processes? What criteria should employers focus on when selecting an appropriate mediator\, ADR expert\, or investigator? When is it appropriate to use an internal versus an external investigator?\nWhat does it mean to ensure that investigations\, mediations\, and other forms of ADR are conducted through a trauma-informed lens? Does it help to promote employee health\, wellness\, and safety?\n\nBreak: 2:30 pm – 2:45 pm PT \nPanel 4 - Beliefs and Boundaries: Reconciling employee freedom of speech and legitimate employer concerns - 2:45 pm – 4:00 pm PT\n\n\n \nE. Murphy Fries\nUnion Counsel\nKoskie Glavin Gordon \n\n\n \nNajeeb Hassan\nAssociate Chair\, Adjudication and Mediation Division at the BCLRB \n\n\n \nJames Kondopulos\nEmployer Counsel\nRoper Greyell LLP \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?\n What 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?\n Can employers monitor employee expressions outside the workplace or on social media? Can employers discipline employees for such expressions?\n What 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?\n How can employers and unions effectively communicate expectations regarding employee expression\, appropriate workplace conduct\, and appropriate off-work conduct?\n\nClosing Remarks: 4:00 pm PT \nCPDBargaining in the Broader Public Sector Conference CPD\n\n\nThis program has been approved by CPHR BC & Yukon for 5.25 Continuing Professional Development hours.\n\n\n\n\nThis program has been approved by CPHR Alberta for 5.25 Continuing Professional Development hours.\n\n\n\n\n \n\nMembers of the Law Society of British Colombia may count this program for 5.25 Continuing Professional Development hours.\n\n\n\n\nLabour Arbitration and Policy Conference CPD\n\n\nThis program has been approved by CPHR BC & Yukon for 5.25 Continuing Professional Development hours.\n\n\n\n\nThis program has been approved by CPHR Alberta for 5.25 Continuing Professional Development hours.\n\n\n\n\n \n\nMembers of the Law Society of British Colombia may count this program for 5.25 Continuing Professional Development hours.\n\n\n\n\nWorkshop CPD\n\n\nThe Post-Conference Workshops have been approved by CPHR BC & Yukon for 5.5 Continuing Professional Development hours.\n\n\n\n\nThe Post-Conference Workshops have been approved by CPHR Alberta for 5.5 Continuing Professional Development hours.\n\n\n\n\n \n\nThe Post-Conference Workshops have been approved by the Law Society of British Colombia may count this program for 5.5 Continuing Professional Development hours.
URL:https://lancasterhouse.com/event/vancouver-labour-arbitration-and-policy-conference-bargaining-in-the-broader-public-sector-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
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/header/vancouver-header-2.jpg
END:VEVENT
BEGIN:VEVENT
DTSTART;VALUE=DATE:20240613
DTEND;VALUE=DATE:20240615
DTSTAMP:20260425T165803
CREATED:20231109T142132Z
LAST-MODIFIED:20240723T155130Z
UID:11145-1718236800-1718409599@lancasterhouse.com
SUMMARY:Calgary Labour Arbitration and Policy Conference: Current practices\, emerging trends
DESCRIPTION:Sponsored by:We would like to thank Field Law for their generous sponsorship of the 42nd Annual Labour Arbitration and Policy Conference presented by Lancaster House. \nThe Westin Calgary - Discounted Room\nBook by Friday\, May 10\, 2024 \nBook NowCalgary Labour Arbitration and Policy ConferenceConference Co-Chairs\n\n \nKristan McLeod\nUnion Counsel\nChivers Carpenter Lawyers \n\n\n \nLaura Mensch\nEmployer Counsel\nBorden Ladner Gervais LLP \n\n\n \nKaren Scott\nArbitrator \n\n\nConference Advisory Committee\n\n \nE. Wayne Benedict\nUnion Counsel\nMcGown Cook Barristers & Solicitors\n\n\n \nJames Casey\nArbitrator/Mediator Labour\nArbitration + Mediation \n\n\n \nStephanie Henry\nEmployer Counsel\nBennett Jones LLP \n\n\n \nDavid Lardner\nUnion Representative\, Disputes and Arbitration\nAlberta Union of Provincial Employees (AUPE) \n\n\n \nErin Ludwig\nAssociate General Counsel\nLabour and Employment Legal and Privacy\nAlberta Health Services (AHS) \n\n\n \nKathryn Oviatt\nChief of the Commission and Tribunals\, Alberta Human Rights Commission \n\n\nThursday\, June 13\, 2024Workshop*Workshops sold separately from stand-alone conference. \nBreakfast: 8:00 a.m. – 9:00 a.m. M.T. \nConcurrent Workshops:\n(The schedule below will run concurrently for all three workshops until 4pm) \nWorkshop 1: Disabilities That Elude Diagnosis: Accommodating employees with poorly understood conditions\n\n\n \nAshton Butler\nEmployer Counsel\nMLT Aikins \n\n\n \nDr. Charl Els\nPsychiatrist\, Addiction Specialist\, and Occupational Physician \nClinical Professor\nDepartment of Psychiatry and Department of Medicine\nUniversity of Alberta \n\n\n \nSophie Purnell\nEmployee Counsel\nPurnell Employment Law \n\n\n \nAnne Wallace\nArbitrator/Mediator \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\, expert panelists will examine key legal principles and best practices for accommodating employees with these conditions. Speakers will address: \n\nExamples of common medical conditions that elude diagnosis\, or that are considered “diagnoses of exclusion” (including “long COVID”);\nLegal limits on the type and extent of medical information that employers can request from employees;\nHow to effectively formulate requests for medical information where an employee’s condition cannot be confirmed using a clinician’s diagnostic test;\nHow to respond when there is a lack of available medical practitioners with the requisite knowledge or expertise to assess and attest to an employee’s condition;\nHow to approach employees/union members about needed information with sensitivity;\nHow stereotypes and stigmas associated with such medical conditions can contribute to the challenge of providing accommodation;\nTypes of accommodations that may be of assistance to an employee suffering from persistent or chronic symptoms;\nWhether an employer can 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; and\nUnderstanding when undue hardship has been established and the duty to accommodate is at an end.\n\nWorkshop 2: Reading it Right: Essential and emerging principles of collective agreement interpretation \n\n\n \nDavid Lardner\nUnion Representative\, Disputes and Arbitration\nAlberta Union of Provincial Employees (AUPE) \n\n\n \nChris S. Monfette\nEmployer Counsel\nNeuman Thompson \n\n\n \nLeanne Young\, K.C.\nLegal Counsel\,\nChartered Arbitrator\, Mediator and Adjudicator\nResolve ADR \n\n\nAn understanding of the principles of contract interpretation is indispensable for anyone involved in the negotiation or administration of a collective agreement\, from front-line managers and union representatives to advocates in the arbitration process. The ground rules of collective agreement interpretation have seen a notable shift in recent years. While the traditional techniques of reading a collective agreement\, such asthe “plain meaning” rule\, still play a central role\, arbitrators increasingly utilizeuse a more “contextual” approach that takes into account relevant background in order to determine the parties’ intent. In this workshop\, experienced counsel will equip participants with the knowledge they need to deal effectively with the wide array of interpretation disputes that arise in a unionized setting. \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?\nWhen can evidence of past practice or negotiating history be used as an aid to interpretation?\nHow do arbitrators reconcile negotiated contract language and the contrary provisions of employment-related statutes\, e.g. human rights and employment standards legislation?\nWhat is “contextual evidence\,” as set out by the Supreme Court of Canada in the Sattva case? In what circumstances can such evidence be admitted and relied upon to shed light on the meaning of a disputed clause?\nHow has the use of the “contextual” approach changed the way in which established rules of interpretation are applied?\nWhat are the limits of contextual evidence as an interpretive tool?\nHow have arbitrators in recent cases utilized contextual evidence to resolve disputes about the proper interpretation and application of a collective agreement provision?\n\nWorkshop 3: Denial\, Defensiveness\, and Personality Disorders: Dealing with difficult accommodations \n\n\n \nShelly Bischoff\nFounder & Director\nPtolemy & Associates Inc. \n\n\n \nMonica Bokenfohr\nEmployer Counsel\nNeuman Thompson \n\n\n \nCherie Langlois-Klassen\nUnion Counsel\nBlair Chahley Klassen \n\n\n \nDr. Perry Sirota\nClinical & Forensic Psychologist\nSirota Psychological Services \n\n\nAccommodating employees with disabilities that impair their judgment\, perception\, and ability to cooperate can be challenging. Unfortunately\, mental health disabilities\, such as mood disorders\, can often impact the very abilities necessary for an individual to engage in the accommodation process. \nWorking through interactive exercises and realistic scenarios with the guidance of experts\, participants will develop the knowledge and skills necessary to: \n\ndevelop an understanding of how common disabilities may impede a worker’s ability to participate in the accommodation process;\ndemonstrate effective communication skills when interacting with resistant or uncooperative employees;\nunderstand responsibilities surrounding the duty to inquire\, obtaining medical records\, and related privacy legislation;\ncomply with union and management legal obligations when workers are unwilling or unable to participate in the accommodation process; and\nidentify when the threshold of undue hardship is reached.\n\n\n\n\n\nWorkshop Schedule\n\n\nIntroductory remarks: 9:00 a.m. – 9:10 a.m. M.T.\n\n\nWorkshop: 9:10 a.m. – 10:25 a.m. M.T.\n\n\nMorning break: 10:25 a.m. – 10:40 a.m. M.T.\n\n\nWorkshop: 10:40 a.m. – 11:55 a.m. M.T.\n\n\nLunch: 11:55 a.m. – 1:05 p.m. M.T.\n\n\nWorkshop: 1:05 p.m. – 2:20 p.m. M.T.\n\n\nAfternoon Break: 2:20 p.m. – 2:35 p.m. M.T.\n\n\nWorkshop: 2:35 p.m – 4:00 p.m M.T.\n\n\nCocktail networking reception: 5:00 p.m – 7:00 p.m M.T.\n\n\nCo-chair remarks and introduction of keynote: 7:00 p.m – 7:05 p.m M.T.\n\n\n\nKeynote - The Honourable Chief Justice Ritu Khullar - 7:10 p.m. – 7:40 p.m. M.T.\n\n\n \nRitu Khullar\nThe Honourable Chief Justice Ritu Khullar \n\n\nEvening Plenary: Arbitrating AI: Debating the strengths and limitations of AI in labour relations - 7:45 p.m. – 9:00 p.m. M.T.\n\n\n \nWilson Chan\nEmployer Counsel\nMathews Dinsdale & Clark LLP \n\n\n \nNatalia Makuch\nUnion Counsel\nChivers Carpenter Lawyers \n\n\n \nKelly Williams-Whitt\nArbitrator/Mediator\nProfessor\, Human Resources and Labour Relations\nDean\, Faculty of Business\, Communication Studies and Aviation\, Mount Royal University \n\n\nGiven the lack of Canadian arbitration decisions on the use of artificial intelligence (“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. 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\nWhat 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)?\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 would arbitrators in Alberta find most compelling?\nWhat legal concerns are raised when an employer uses AI to assess candidates’ suitability for positions?\nWhat privacy concerns are raised by using AI to evaluate job applicants based on their internet activity?\n\nFriday\, June 14\, 2024Breakfast: 8:00 a.m. – 8:45 a.m. M.T. \nPlenary 2 - Current and Critical: Major developments in legislation and caselaw - 8:45 a.m. – 10:00 a.m. M.T.\n\n\n \nGreg Francis\nArbitrator and Mediator \n\n\n \nMaurice Dransfeld\nEmployer Counsel\nMcLennan Ross LLP \n\n\n \nDana Christianson\nUnion Lawyer\nSeveny Scott Lawyers \n\n\nIn this session\, experts will examine recent significant developments in federal and provincial labour law. Panelists will address the latest cases on topics such as: \n\ndiscrimination\, harassment\, and accommodation;\ngovernment intervention in collective bargaining;\nprivacy;\ndiscipline;\ncontracting out\, statutory freeze issues\, and illegal strikes; and\nkey issues at interest arbitration\, including inflation\, recruitment and retention\, minimum wage increases.\n\nPanelists will also discuss recent legislative initiatives\, such as: \n\nFederal legislation to ban the use of strike replacement workers;\nThe recent report of the Employment Equity Act Review Task Force and related changes to the Act;\n\n\nLimiting the importation of goods involving the use of forced labour and child labour in international supply chains; and\nThe impact of Alberta’s recently introduced Public Sector Employer Amendment Act\, 2023.\n\nFinal 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: 10:00 a.m. – 10:15 a.m. M.T. \nPlenary 3 - Off-Duty\, Off-Base? Balancing employees’ freedom of speech and employers' interests - 10:15 a.m. – 11:20 a.m. M.T.\n\n\n \nMelissa Luhtanen\nSenior Legal Counsel\nAlberta Human Rights Commission \n\n\n \nKelly Nicholson\nEmployer Counsel\nField Law \n\n\n \nDan Scott\nPartner\nSeveny Scott \n\n\nTensions sometimes arise between employee free speech and an employer’s duty to ensure a safe and respectful workplace. How can these arguably competing rights and obligations be balanced? In this session\, a panel of experts will address these questions: \n\nWhat is the line between safeguarding employee free speech and ensuring a respectful and safe work environment? Do employees have the right to express their views on potentially controversial and/or political matters at work?\nCan employers discipline employees for private statements and/or expressions made outside the workplace?\nTo what extent will arbitrators consider Charter rights and values such as freedom of expression in the context of off-duty conduct?\nWhat is the extent of a union’s duty to represent members who face work-related consequences for their potentially polarizing beliefs? When will a union’s decision not to represent a member constitute a breach of the duty of fair representation?\n\nBreak: 11:20 a.m. – 11:35 a.m. M.T. \nConcurrent session: 11:35 a.m. – 12:35 p.m. M.T.\nPick 1 of 3 \nConcurrent 1: Investigations under the Magnifying Glass: Examining current practices and recent caselaw\nConcurrent 2: Disciplinary Dilemmas: When is coaching discipline? When is union representation required? When is there a right to remain silent?\nConcurrent 3: Neurodiversity at Work: Strategies for creating and fostering inclusive workplaces \nLunch: 12:35 p.m. – 1:45 p.m. M.T. \nConcurrent session continued: 1:45 p.m. – 2:45 p.m. M.T.\nPick 1 of 3 \nConcurrent 1: Investigations under the Magnifying Glass: Examining current practices and recent caselaw\nConcurrent 2: Disciplinary Dilemmas: When is coaching discipline? When is union representation required? When is there a right to remain silent?\nConcurrent 3: Neurodiversity at Work: Strategies for creating and fostering inclusive workplaces \nAfternoon break: 2:45 p.m. – 3:00 p.m. M.T. \nPlenary 4 - Is it Harassment or Not? An interactive panel with case studies and scenarios - 3:00 p.m. – 4:15 p.m. M.T.\n\n\n \nKait Carey\nLawyer and Workplace Investigator\nSouthern Butler Price \n\n\n \nElla Henry\nCounsel\nCanadian Union of Public Employees (CUPE) \n\n\n \nJackie Laviolette\nEmployer Counsel\nMatthews Dinsdale & Clark LLP \n\n\nIn Alberta\, workplace harassment is defined as “any single incident or repeated incidents of objectionable or unwelcome conduct\, comment\, bullying or action by a person that the person knows or ought reasonably to know will or would cause offence or humiliation to a worker\, or adversely affects the worker’s health and safety.” In many instances conduct or comments will clearly meet this definition. In many instances impugned conduct or comments will clearly meet this definition\, but in other cases debate may arise as to whether the alleged harasser ought reasonably to have known that certain comments or conduct would be unwelcome. \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 does a complainant’s lived experience as someone of a particular gender\, race\, or ethnicity play in determining whether certain conduct should be reasonably seen to be offensive? How might a decision-maker’s unconscious bias interfere in the analysis of whether conduct could reasonably be seen to be offensive or humiliating?\nDoes workplace culture play any role in determining whether conduct ought reasonably to have been known to be offensive?\nIs the analysis of whether conduct constitutes harassment affected by a friendship or previous romantic relationships between complainant and respondent? What about power imbalances or lack thereof?\nHow is the reasonableness of management action assessed to determine whether or not it constitutes harassment?\n\nConcurrent SessionsConcurrent 1 - Investigations under the Magnifying Glass: Examining current practices and recent caselaw\n\n\n \nAlison Adam\nEmployer Counsel\nMcLennan Ross LLP \n\n\n \nDev Chankasingh\nLabour Arbitrator\, Mediator\, Workplace Investigator\, Employment Adjudicator\nDev A. Chankasingh Professional Corporation \n\n\n \nDavid Mercer\nUnion Counsel\nNickerson Roberts Holinski & Mercer \n\n\nIn this session\, expert panelists will examine recent caselaw addressing workplace investigations and will explore key principles and best practices in conducting fair\, adequate\, and effective investigations into human rights-related allegations. The panel will address questions including: \n\nWhat lessons can be learned from recent cases as to what constitutes a fair and adequate investigation process? What procedural flaws have been found to render an investigation unfair or inadequate?\nWhen is retaining a third-party investigator necessary? What other alternatives are possible?\nCan the grounds for an investigation be expanded after the investigation has already been commenced – for example\, if an investigation reveals issues of systemic discrimination?\nWhat are best practices for countering unconscious and implicit bias and otherwise ensuring stereotypes and discrimination do not impact the investigatory process? How should investigatory meetings be approached where the person being interviewed has or is suspected to have a disability?\nHow much latitude do employers have to order investigations into off-duty conduct? May workplace investigators demand to examine employees’ personal devices\, such as laptops or cellphones which employees use exclusively or primarily for personal purposes?\nHow should employers and unions approach investigations into workplace conduct which may have a criminal element?\nWhat legal avenues are available to employees who wish to challenge what they believe to be an unfair or improper investigation into their human rights allegations?\n\nConcurrent 2 - Disciplinary Dilemmas: When is coaching discipline? When is union representation required? When is there a right to remain silent?\n\n\n \nDan Bokenfohr\nEmployer Counsel\nMcLennan Ross LLP \n\n\n \nGordon Nekolaichuk\nVice-Chair\nAlberta Labour Relations Board \n\n\n \nKaren Thibault\nUnion Representative\nDisputes and Arbitrations\nAlberta Union of Provincial Employees (AUPE) \n\n\nRights and responsibilities differ when engaging in job “coaching” or performance management as opposed to imposing formal discipline. In this session\, expert speakers will examine key issues pertaining to disciplinary processes\, addressing questions such as: \n\nHow can parties clearly differentiate job coaching and training\, performance management\, and discipline? When and to what extent can management take action to improve worker performance without amounting to a formal warning or disciplinary act?\nWhat circumstances trigger an employee’s right to union representation? How have arbitrators distinguished meetings or discussions which are merely “investigatory” or otherwise non-disciplinary from those which are disciplinary and attract procedural protections?\nDo employees have a right to remain silent in investigative meetings where they reasonably believe a disclosure may expose them to discipline? May employees be disciplined solely due to their decision to remain silent? When employees are or may be subject to criminal charges in relation to the factual circumstances underpinning an investigatory or disciplinary meeting\, how can those employees protect themselves against self-incrimination?\nWhat ought an employer do to ensure fairness toward an employee in the course of a disciplinary meeting or process? Where an employer fails to follow procedural requirements in relation to a disciplinary meeting\, will this impact an arbitrator’s willingness to uphold a disciplinary measure?\nWhere a union representative participates in a disciplinary meeting\, what is the scope of that representative’s role?\nHow may an employee’s conduct during a disciplinary meeting impact an arbitrator’s assessment as to whether to uphold the discipline?\n\nConcurrent 3 - Neurodiversity at Work: Strategies for creating and fostering inclusive workplaces\n\n\n \nJake Axelrod\nUnion Counsel\nNugent Law Office \n\n\n \nApril Kosten\nEmployer Counsel\nDentons \n\n\n \nSarah Taylor\nProject Manager\nSpectrum Advantage\nChief Executive Officer\nNext Level ASD Consulting \n\n\n \nTonie Minhas\nProject Manager\, Neuroinclusion Services\nAUTICON \n\n\nOn a societal level\, there is increasing recognition that neurodivergence is a strength\, not a deficit\, and building inclusive\, neurodivergent workplaces makes a positive impact. In this panel\, experts will examine how employers can effectively recruit\, retain\, and accommodate neurodivergent employees\, and how unions can support their neurodivergent membership. Specifically\, the panel will address the following: \n\nWhat does neurodivergence mean? What should workplace parties know about specific conditions such as Autism Spectrum Disorders (ASD)\, Attention-Deficit/Hyperactive Disorder (ADHD)\, and learning disabilities falling under the umbrella of neurodivergence? Do these conditions share any similarities? How might they affect an employee’s work performance?\nHow can businesses benefit from hiring neurodivergent employees?\nWhat measures can employers put in place to effectively recruit neurodivergent employees? How can employers support/accommodate neurodivergent applicants throughout the recruitment process?\nConsidering the emphasis on self-identification in the neurodiverse community\, must employees who identify as neurodivergent provide evidence of a medical diagnosis to access initiatives designed to recruit diverse employees? How should employers respond to these disclosures when they occur?\nHow do common stereotypes hinder the inclusion and accommodation of neurodivergent employees in the workplace? What can be done to guard against these stereotypes?\nWhat are the signs an employee may be struggling with work performance or workplace relationships because of a neurological difference such as ASD or ADHD? When does the employer have a duty to inquire as to whether the employee in question requires accommodation?\nWhat are some examples of appropriate and effective accommodations for neurodivergent employees?\nWhat accommodations should unions provide to neurodivergent members accessing union services and using union processes?\nWhat kind of medical information can employers request from employees seeking accommodation on the basis of neurodivergence? Can a detailed neuropsychological evaluation report be required? How often\, if ever\, should updated medical information be requested from a neurodivergent employee\, who\, by definition\, has a lifelong condition?\n\nCPDConference CPD\n\n\nThis program has been approved by CPHR Alberta for 7.5 Continuing Professional Development hours.\n\n\n\n\n \n\nThis program has been approved by CPHR Alberta for 7.5 Continuing Professional Development hours.\nThe Calgary Labour Arbitration and Policy Conference has been approved by the Law Society of British Columbia for 7.5 Continuing Professional Development hours.\n\n\n\n\nWorkshop CPD\n\n\nEach Pre-Conference Workshop has been approved by CPHR Alberta for 5.3 Continuing Professional Development hours.\n\n\n\n\n \n\nEach Pre-Conference Workshop has been approved by the Law Society of British Columbia for 5.3 Continuing Professional Development hours.
URL:https://lancasterhouse.com/event/calgary-labour-arbitration-and-policy-conference-2024/
LOCATION:The Westin Calgary\, 320 4 Avenue Southwest\, Calgary\, Alberta\, T2P 2S6\, Canada
CATEGORIES:Conference,Labour Arbitration and Policy Conference
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BEGIN:VEVENT
DTSTART;VALUE=DATE:20231204
DTEND;VALUE=DATE:20231207
DTSTAMP:20260425T165803
CREATED:20230706T191603Z
LAST-MODIFIED:20240723T174332Z
UID:8968-1701648000-1701907199@lancasterhouse.com
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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BEGIN:VEVENT
DTSTART;VALUE=DATE:20231127
DTEND;VALUE=DATE:20231130
DTSTAMP:20260425T165803
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
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/2023/06/vancouver-header.jpg
END:VEVENT
BEGIN:VEVENT
DTSTART;VALUE=DATE:20230626
DTEND;VALUE=DATE:20230628
DTSTAMP:20260425T165803
CREATED:20230322T225410Z
LAST-MODIFIED:20240723T155532Z
UID:6746-1687737600-1687910399@lancasterhouse.com
SUMMARY:Calgary Labour Arbitration and Policy Conference
DESCRIPTION:Sponsored by:Conference Co-Chairs\n\n \nKelly Williams-Whitt\nArbitrator/Mediator and Dean\nFaculty of Business and Communication Studies Mount Royal University \n\n\n \nWilson Chan\nEmployer Counsel\nMathews Dinsdale \n\n\n \nBill Rigutto\nUnion Rep\nAUPE \n\n\nConference Advisory Committee\n\n \nNancy Schlesinger\nChair and Essential Services Commissioner\,\nAlberta Labour Relations Board \n\n\n \nDaniel Shapiro\nArbitrator and Mediator \n\n\n \nKristan McLeod\nUnion Counsel\, Chivers Carpenter \n\n\n \nKaren Scott\nSeveny Scott\, Partner \n\n\n \nLaura Mensch\nPartner\, BLG \n\n\n \nWes Scheuerman\nSenior Labour Relations Advisor\, Alberta Health Services \n\n\nMonday\, June 26\, 2023Pre-Conference Workshop Schedule\nBreakfast and Registration\n8:00 a.m. – 9:00 a.m. MT \n\nIntroductory Remarks\n9:00 a.m. – 9:10 a.m. MT \nSession 1\n9:10 a.m. – 10:25 a.m. MT \nBreak\n10:25 a.m. – 10:40 a.m. MT \nSession 2\n10:40 a.m. – 11:55 a.m. MT \nLunch\n11:55 a.m. – 1:05 p.m. MT \nSession 3\n1:05 p.m. – 2:20 p.m. MT \nBreak\n2:20 p.m. – 2:35 p.m. MT \nSession 4 and closing remarks\n2:35 p.m. – 4:00 p.m. MT \n\n\n\n\n\n\n*Workshops sold separately from stand-alone conference. \nPre-Conference Workshops (Choice Of 1 Of 3)\nDifficult Accommodations: Responding to denial\, defensiveness\, and personality disorders - 9:00 a.m. – 4:00 p.m. MT\nDifficult Accommodations: Responding to denial\, defensiveness\, and personality disorders\n\n\n \nMelissa Luhtanen\nSenior Legal Counsel\nAlberta Human Rights Commission \n\n\n \nDotun Ogunfowora\nRegistered Psychologist\nInsight Psychological & Renew Psychology \n\n\n \nTom Duke\nEmployer Counsel\nMiller Thomson LLP \n\n\n \nDavid Lardner\nUnion Representative\, Disputes and Arbitration\nAlberta Union of Provincial Employees (AUPE) \n\n\nAccommodating employees with disabilities that impair their judgment\, perception\, and ability to cooperate can be challenging. Unfortunately\, mental health disabilities\, such as mood disorders\, can often impact the very abilities necessary for an individual to engage in the accommodation process. \nWorking through interactive exercises and realistic scenarios with the guidance of experts\, participants will develop the knowledge and skills necessary to: \n\nDevelop an understanding of how common disabilities may impede a worker’s ability to participate in the accommodation process\nDemonstrate effective communication skills when interacting with resistant or uncooperative employees\nUnderstand responsibilities surrounding the duty to inquire\, obtaining medical records\, and related privacy legislation\nComply with union and management legal obligations when workers are unwilling or unable to participate in the accommodation process\nIdentify when the threshold of undue hardship is reached\n\nBefore and After the Investigation: Preventing conflict\, restoring relationships - 9:00 a.m. – 4:00 p.m. MT\nBefore and After the Investigation: Preventing conflict\, restoring relationships\n\n\n \nBruce Graham\nEmployer Counsel\nFasken \n\n\n \nPaulette DeKelver\nMediator\nDeKelver Dispute Resolution \n\n\n \nElla Henry\nLegal & Legislative Representative\nCanadian Union of Public Employees \n\n\nWhen it comes to workplace investigations\, prevention is often better than cure. Developing workplace policies and procedures that promote informal resolution methods may minimize an employer’s need to launch a formal investigation. Where circumstances demand a formal investigation\, however\, workplace parties play a critical role in subsequent restoration efforts. \nIn this skills-based session\, participants will develop a comprehensive understanding of the following: \n\nDocumenting workplace incidents and engaging in progressive discipline to manage interpersonal conflict\nImplementing trauma-informed strategies for addressing allegations of discrimination or harassment in the workplace\nDeveloping respectful workplace policies\, anti-harassment policies\, and anti-discrimination policies\, and adequately monitoring these policies for effectiveness\nResolving workplace conflict through informal resolution methods such as mediation\, coaching\, or management intervention\, before launching a formal investigation\nRestorative processes that repair workplace culture after a formal investigation occurs\nProviding sensitivity training to workplace parties to improve working relationships\n\nImpairment at Work: Identifying causes\, addressing risks\, providing accommodation - 9:00 a.m. – 4:00 p.m. MT\nImpairment at Work: Identifying causes\, addressing risks\, providing accommodation\n\n\n \nLeanne Young\nArbitrator\nResolve ADR \n\n\n \nDr. Charl Els\nAddiction Psychiatrist\, Occupational Physician and Clinical Professor\nDepartment of Psychiatry/Department of Medicine\nUniversity of Alberta \n\n\n \nWill Cascadden\nEmployer Counsel\nGowling WLG \n\n\n \nKarlan Modeste\nLegal Counsel\nBritish Columbia Teachers’ Federation \n\n\nEmployers\, employees\, and unions are responsible for addressing impairment in the workplace. Navigating what constitutes impairment\, recognizing substance abuse\, and developing effective workplace policies and procedures for addressing impairment can present numerous complexities. This session is designed as a step-by-step guide to help parties collaborate in developing policies\, procedures\, and substance use accommodations that ensure a safe and healthy workplace. \nLegal and technical experts will guide participants through an interactive\, engaging session. Participants will leave this session with an understanding of key issues\, including the following: \n\nWhat constitutes impairment\nHow to identify the causes and symptoms of impairment\nWhat to consider in determining whether an employee has a substance use disorder\nHow employers and unions should handle the risks of impairment\nHow to develop workplace policies and procedures that address impairment\nWhen and how employers should provide accommodation for substance use disorders\, and the union’s role in the accommodation process\nWhether employers can mandate treatment\, and employee obligations to seek treatment\n\nConferenceCocktail Networking Reception - 5:00 p.m. – 7:00 p.m. MT\nCheck back soon for details \nEvening Plenary: Asset or Adversary? The role of artificial intelligence in labour relations - 7:00 p.m. – 9:00 p.m. MT\n\n\n \nJames Casey\nArbitrator\nField Law \n\n\n \nRandy Goebel\nComputer Science Professor\nUniversity of Alberta \n\n\n \nVicki Giles\nEmployer Counsel\nMcLennan Ross \n\n\n \nThomas Hesse\nPresident\nUFCW Local 401 \n\n\nLess than six months after the public launch of ChatGPT\, artificial intelligence (AI) is making a big splash in labour relations. Thousands of striking television and movie writers are demanding that restrictions on the use of AI be included in their new contract. While fears about automation killing jobs are nothing new\, current iterations of AI are raising concerns about white collar work and about the processes of labour and employment relations themselves. Join a panel of experts to explore the impact AI will have on labour relations in the near future including: \n\nWill human resources professionals be helped by AI or replaced by it?\n\n\nWill union representatives be helped\, hindered\, or replaced by AI?\n\n\nWhat are the potential uses and abuses 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?\n\n\nWhat role will AI play in key labour relations processes\, such as arbitration\, collective agreement interpretation\, and negotiation of collective agreements?\n\n\nHow\, if at all\, should unions and employers use collective bargaining to address the potential impact of AI on jobs? In what sectors would collective agreement language addressing AI be most important?\n\nTuesday\, June 27\, 2023Breakfast: 8:00 a.m. – 8:45 a.m. MT \nPlenary 1: Notable and Newsworthy: Major caselaw and legislative developments - 8:45 a.m. – 10:00 a.m. MT\nNotable and Newsworthy: Major caselaw and legislative developments\n\n\n \nGordon Nekolaichuk\nVice-Chair\nAlberta Labour Relations Board \n\n\n \nJean Torrens\nEmployer Counsel\nMLT Aikins \n\n\n \nClayton Cook\nUnion Counsel\nMcGown Cook \n\n\nThis session will cover major caselaw and legislative updates from Alberta and across Canada. Experts will provide summaries and insight into the latest and most noteworthy cases\, while also discussing general trends. Topics to be covered include remote work\, substance abuse and drug testing\, privacy and surveillance\, discipline\, harassment\, discrimination\, and accommodation. Legislative updates will include both provincial and federal developments. Final selection of topics takes place in the weeks leading up to the conference\, ensuring coverage of the latest and most important developments. \nBreak: 10:00 a.m. – 10:15 a.m. MT \nPlenary 2: Beliefs and Boundaries: Reconciling employee free speech and employer concerns - 10:15 a.m. – 11:20 a.m. MT\nBeliefs and Boundaries: Reconciling employee free speech and employer concerns\n\n\n \nCheryl Yingst Bartel\nArbitrator/Mediator\nYingst Bartel ADR Inc. \n\n\n \nLaura Dunnigan\nEmployer Counsel\nMathews Dinsdale & Clarke LLP \n\n\n \nTim Nessim\nLabour Relations Officer\nUnited Nurses of Alberta \n\n\nIs it appropriate for workplaces to monitor and impose disciplinary action on employees for off-duty and online behavior? Can policies that govern off-duty conduct be justified by the need to promote a respectful workplace? In this panel\, experts will explore employer and union responsibilities in ensuring appropriate employee conduct\, both inside and outside the workplace. Specifically\, panelists will address: \n\nCan an employer impose restrictions on off-duty conduct\, expression\, and political activity? Is the nature of the workplace relevant?\nWhat is the threshold for determining whether an employee’s off-duty conduct has a sufficient connection to the workplace? When does an employee’s right to express personal opinions outside the workplace become a legitimate concern for an employer?\nIn what circumstances\, if any\, is it appropriate for an employer to monitor an employee’s social media accounts? Must an employer hold a reasonable suspicion of misconduct to institute monitoring?\nWhat disciplinary measures have arbitrators deemed appropriate for off-duty misconduct?\nWhat key provisions should workplace policies and collective agreements contain to address inappropriate off-duty conduct?\n\nBreak: 11:20 a.m. – 11:35 a.m. MT \nConcurrent Session – Block 1\nPick 1 of 3: 11:35 a.m. – 12:35 p.m. MT \nConcurrent Session 1: Breaking the Impasse: Key issues in interest arbitration\nBreaking the Impasse: Key issues in interest arbitration\n\n\n \n Kristan McLeod \nManaging Partner\nChivers Carpenter \n\n\n \n Tim Mitchell \nEmployer Counsel\nMcLennan Ross \n\n\n \n Mark Asbell \nArbitrator\, Mediator\, and Adjudicator\nAsbell Dispute Resolutions \n\n\nIn this session\, seasoned experts will address key issues in interest arbitration\, lending insight into perennial principles\, providing practical guidance on procedural issues\, and examining trends in recent arbitration awards. Panelists will address questions including: \n\nWhat principles and criteria will interest arbitrators consider in crafting an award? What do recent cases suggest about how arbitrators will apply the principles of replication\, demonstrated need\, and total compensation?\nUnder what circumstances will the Alberta Labour Relations Board order first contract arbitration? How have amendments to the Labour Relations Code resulting from Bill 32\, the Restoring Balance in Alberta’s Workplaces Act\, affected the threshold for intervention?\nWhat authority does the Alberta Labour Relations Board have when parties with a prior collective agreement are unable to reach a subsequent agreement through collective bargaining? When can the Board order parties to engage in interest arbitration? Is the analysis different if the parties provide essential services?\nIn recent awards\, how have concerns such as inflation\, the employer’s ability to pay\, and recruitment and retention issues impacted the determination of whether wage adjustments were warranted?\nWhat are the advantages and disadvantages of med-arb\, arb-med\, or final offer selection\, and when may such approaches be appropriate?\n\nConcurrent Session 2: The Pandemic’s Lasting Legacy: What COVID-19 has taught us about labour relations \nThe Pandemic’s Lasting Legacy: What COVID-19 has taught us about labour relations\n\n\n \nKathryn Oviatt\nChief of the Commission and Tribunals\nAlberta Human Rights Commission \n\n\n \nJackie Laviolette\nEmployer Counsel\nMatthews Dinsdale & Clarke \n\n\n \nAdam Cembrowski\nUnion Counsel\nNugent Law \n\n\nThroughout the pandemic\, arbitrators\, courts\, and workplace parties have grappled with the challenge of applying established labour relations principles in the face of unprecedented circumstances. In this session\, expert panelists will reflect on lessons learned from this tumultuous time\, critically evaluating recent cases and exploring best practices for the future. Questions to be addressed include: \n\nWhat guidance do cases decided in the COVID-19 context provide regarding when courts and arbitrators will uphold precautionary and safety-based workplace measures such as mandatory vaccination? What measures can employers take when employees refuse vaccination? What measures are beyond permissible bounds?\nAs COVID-19 case counts decline\, will mandatory workplace vaccination policies continue to be upheld? Must employers review their policies\, and if so\, what processes should they follow?\nHow have courts and arbitrators applied the Supreme Court of Canada test in Syndicat Northcrest v. Anselem when assessing religious accommodations in the workplace during COVID-19? How are religious beliefs distinguished from political beliefs\, and how is the sincerity of those beliefs assessed?\nWhat do recent cases suggest about how arbitrators will assess the exercise of management rights under uncertain or extraordinary circumstances?\nWith many workplaces having shifted to a remote or hybrid model during the pandemic\, can employers now require employees to return to work?\nHow\, if at all\, did COVID-19 exacerbate\, ameliorate\, or expose existing workplace inequities?\nWhat “gaps” in workplace policies and collective agreements have been revealed during the pandemic? What steps should workplace parties now be taking to prepare for potential future pandemics or similarly disruptive events?\n\nConcurrent Session 3: Digital Overreach: Can existing privacy laws stop unreasonable surveillance and monitoring? \nDigital Overreach: Can existing privacy laws stop unreasonable surveillance and monitoring?\n\n\n \nMonica Bokenfohr\nEmployer Counsel\nNeuman Thompson \n\n\n \nMaryna McTague\nUnion Counsel\nSeveny Scott \n\n\n \nErika Ringseis\nSenior Legal Counsel\nInhaus Legal \n\n\nAdvances in technology and the dramatic shift to remote work due to COVID-19 have given rise to a significant interest in digital surveillance of employees. Meanwhile\, privacy legislation has remained largely static. In an era of big data and artificial intelligence\, are existing privacy laws up to the task of balancing employers’ interests in productivity and efficiency and employees’ interests in autonomy and a private life? In this session\, leading experts will tackle this question as well as the following: \n\nWhat constitutes collection of “personal employee information” for “reasonable” purposes permitted under current privacy laws in Alberta?\n\n\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 construct a personality profile of job applicants based on their internet activity?\n\n\nDo current interpretations of the reasonableness requirement appropriately balance employer interests in managing work and employee privacy rights? Do new technologies\, or new uses of technologies\, threaten the established balance?\n\n\nIs the use of algorithmic management\, in which algorithms make important employment decisions based on extensive data on employees at work\, a privacy issue or a management rights issue?\n\n\nHow much say do unions and their members currently have in what employee information employers collect and how it is used? How do collective agreement provisions address this issue? Is the status quo in need of change? If so\, why and how?\n\n\nAre conceptions of privacy held by most employees at odds with those held by employers and/or those that underlie privacy legislation? If so\, is this a problem? If it is\, how should it be remedied?\n\nLunch: 12:35 p.m. – 1:45 p.m. MT \nConcurrent Session – Block 2\nPick 1 of 3: 1:45 p.m. – 2:45 p.m. MT \nConcurrent Session 1: Breaking the Impasse: Key issues in interest arbitration\nBreaking the Impasse: Key issues in interest arbitration\n\n\n \n Kristan McLeod \nManaging Partner\nChivers Carpenter \n\n\n \n Tim Mitchell \nEmployer Counsel\nMcLennan Ross \n\n\n \n Mark Asbell \nArbitrator\, Mediator\, and Adjudicator\nAsbell Dispute Resolutions \n\n\nIn this session\, seasoned experts will address key issues in interest arbitration\, lending insight into perennial principles\, providing practical guidance on procedural issues\, and examining trends in recent arbitration awards. Panelists will address questions including: \n\nWhat principles and criteria will interest arbitrators consider in crafting an award? What do recent cases suggest about how arbitrators will apply the principles of replication\, demonstrated need\, and total compensation?\nUnder what circumstances will the Alberta Labour Relations Board order first contract arbitration? How have amendments to the Labour Relations Code resulting from Bill 32\, the Restoring Balance in Alberta’s Workplaces Act\, affected the threshold for intervention?\nWhat authority does the Alberta Labour Relations Board have when parties with a prior collective agreement are unable to reach a subsequent agreement through collective bargaining? When can the Board order parties to engage in interest arbitration? Is the analysis different if the parties provide essential services?\nIn recent awards\, how have concerns such as inflation\, the employer’s ability to pay\, and recruitment and retention issues impacted the determination of whether wage adjustments were warranted?\nWhat are the advantages and disadvantages of med-arb\, arb-med\, or final offer selection\, and when may such approaches be appropriate?\n\nConcurrent Session 2: The Pandemic’s Lasting Legacy: What COVID-19 has taught us about labour relations \nThe Pandemic’s Lasting Legacy: What COVID-19 has taught us about labour relations\n\n\n \nKathryn Oviatt\nChief of the Commission and Tribunals\nAlberta Human Rights Commission \n\n\n \nJackie Laviolette\nEmployer Counsel\nMatthews Dinsdale & Clarke \n\n\n \nAdam Cembrowski\nUnion Counsel\nNugent Law \n\n\nThroughout the pandemic\, arbitrators\, courts\, and workplace parties have grappled with the challenge of applying established labour relations principles in the face of unprecedented circumstances. In this session\, expert panelists will reflect on lessons learned from this tumultuous time\, critically evaluating recent cases and exploring best practices for the future. Questions to be addressed include: \n\nWhat guidance do cases decided in the COVID-19 context provide regarding when courts and arbitrators will uphold precautionary and safety-based workplace measures such as mandatory vaccination? What measures can employers take when employees refuse vaccination? What measures are beyond permissible bounds?\nAs COVID-19 case counts decline\, will mandatory workplace vaccination policies continue to be upheld? Must employers review their policies\, and if so\, what processes should they follow?\nHow have courts and arbitrators applied the Supreme Court of Canada test in Syndicat Northcrest v. Anselem when assessing religious accommodations in the workplace during COVID-19? How are religious beliefs distinguished from political beliefs\, and how is the sincerity of those beliefs assessed?\nWhat do recent cases suggest about how arbitrators will assess the exercise of management rights under uncertain or extraordinary circumstances?\nWith many workplaces having shifted to a remote or hybrid model during the pandemic\, can employers now require employees to return to work?\nHow\, if at all\, did COVID-19 exacerbate\, ameliorate\, or expose existing workplace inequities?\nWhat “gaps” in workplace policies and collective agreements have been revealed during the pandemic? What steps should workplace parties now be taking to prepare for potential future pandemics or similarly disruptive events?\n\nConcurrent Session 3: Digital Overreach: Can existing privacy laws stop unreasonable surveillance and monitoring? \nDigital Overreach: Can existing privacy laws stop unreasonable surveillance and monitoring?\n\n\n \nMonica Bokenfohr\nEmployer Counsel\nNeuman Thompson \n\n\n \nMaryna McTague\nUnion Counsel\nSeveny Scott \n\n\n \nErika Ringseis\nSenior Legal Counsel\nInhaus Legal \n\n\nAdvances in technology and the dramatic shift to remote work due to COVID-19 have given rise to a significant interest in digital surveillance of employees. Meanwhile\, privacy legislation has remained largely static. In an era of big data and artificial intelligence\, are existing privacy laws up to the task of balancing employers’ interests in productivity and efficiency and employees’ interests in autonomy and a private life? In this session\, leading experts will tackle this question as well as the following: \n\nWhat constitutes collection of “personal employee information” for “reasonable” purposes permitted under current privacy laws in Alberta?\n\n\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 construct a personality profile of job applicants based on their internet activity?\n\n\nDo current interpretations of the reasonableness requirement appropriately balance employer interests in managing work and employee privacy rights? Do new technologies\, or new uses of technologies\, threaten the established balance?\n\n\nIs the use of algorithmic management\, in which algorithms make important employment decisions based on extensive data on employees at work\, a privacy issue or a management rights issue?\n\n\nHow much say do unions and their members currently have in what employee information employers collect and how it is used? How do collective agreement provisions address this issue? Is the status quo in need of change? If so\, why and how?\n\n\nAre conceptions of privacy held by most employees at odds with those held by employers and/or those that underlie privacy legislation? If so\, is this a problem? If it is\, how should it be remedied?\n\nBreak: 2:45 p.m. – 3:00 p.m. MT \nPlenary 3: Potholes on the Road to Justice: Addressing delay\, abuse of process\, and undue legalization in arbitration - 3:00 p.m. – 4:15 p.m. MT\nPotholes on the Road to Justice: Addressing delay\, abuse of process\, and undue legalization in arbitration\n\n\n \nBruce Moffatt\nExecutive Director\nMediation Services\, Alberta Government \n\n\n \nRobert S. Abells\nArbitrator \n\n\n \nErin Ludwig\nAssociate General Counsel\, Labour and Employment\nAlberta Health Services \n\n\n \nKaren Thibault\nUnion Counsel\, Disuptes and Arbitrations\nAUPE \n\n\nArbitration procedures have evolved significantly in recent years. Parties and practitioners have raised concerns about judicialization\, timeliness of the process\, difficulties in selecting arbitrators\, and the ability to address abuses of process effectively. In this panel\, 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?\nShould workplace parties consider creating unique expedited arbitration systems akin to the dispute resolution model between Canadian Railways and their unions?\nCan parties reduce arbitration timelines by participating in a virtual format? 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?\nWhat enhancements could be implemented to improve arbitration processes and outcomes?\n\nEnd of Conference: 4:15 p.m. MT \nConference CPD\n\n\nThis program has been approved by CPHR Alberta for 7.35 Continuing Professional Development hours.\n\n\n\n\n \n\nThis program has been approved by CPHR BC & Yukon for 7.35 Continuing Professional Development hours.\nThis program has been approved by the Law Society of Saskatchewan for 7.5 Continuing Professional Development hours.\nThis program has been approved by the Law Society of British Colombia for 7.35 Continuing Professional Development hours.\n\n\n\n\nWorkshop CPD\n\n\nThe Pre-Conference workshops have been approved by CPHR Alberta for 5.5 Continuing Professional Development hours.\n\n\n\n\n \n\nThe Pre-Conference workshops have been approved by CPHR BC & Yukon for 5.5 Continuing Professional Development hours.\nThe Pre-Conference workshops have been approved by the Law Society of Saskatchewan for 5.5 Continuing Professional Development hours.\nThe Pre-Conference workshops have been approved by the Law Society of British Colombia for 5.5 Continuing Professional Development hours.
URL:https://lancasterhouse.com/event/calgary-labour-arbitration-and-policy-conference/
LOCATION:The Westin Calgary\, 320 4 Avenue Southwest\, Calgary\, Alberta\, T2P 2S6\, Canada
CATEGORIES:Conference,Labour Arbitration and Policy Conference
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