This practical skills-training workshop will equip attendees with strategies to identify, address, and diffuse interpersonal tensions before they escalate and after they have already escalated through multiple scenario-based discussions. Attendees will discuss the following topics with our Lancaster panel of experts working with them in small group-based discussions:

• What does recent caselaw suggest about the line between safeguarding free speech at work and an employer’s duty to ensure a safe work environment? Can employees express political, religious, or controversial opinions in the workplace? When will an employee be subject to discipline for such statements?
• At what point must an employer intervene where employees are in conflict due to differing beliefs or opinions? What is the role of the union in responding to these conflicts?
• Can employees be disciplined for statements made when interacting with other employees outside of the workplace?
• When do interpersonal conflicts rise to the level of bullying or harassment? Do employers have a legal obligation to address incivility or personal conflict that does not rise to this level?
• What organizational factors contribute to a higher incidence of workplace conflict? How should employers and unions identify whether those factors are present and what steps should be taken to improve the environment?
• With many workplaces moving to a hybrid or remote model, how can parties address workplace conflict in situations that may be more difficult to monitor, such as online chats?
• What factors must be considered when dealing with conflict between an employee and supervisor, as opposed to a conflict between two employees? What is the role of the union when conflict arises between employees who are union members?
• When is it appropriate to consider moving an employee to a different department or location rather than attempting to resolve the issues in the current environment?
• What role can mediation play in diffusing conflicts? How should employers and unions effectively prepare for mediation?
• What are key components of an effective conflict management policy? What alternative dispute resolution practices may be incorporated? Which key employees should be coached on communication, verbal de-escalation, or other conflict management techniques? What early intervention steps should be taken when conflict arises?
• What role can a trauma-informed approach play in addressing workplace conflict? How can such an approach aid employers and unions in understanding why conflict has developed and how to effectively respond?
• To what degree will the fact that the impugned conflict was in keeping with the workplace culture, or “condoned” by the employer, impact an arbitrator’s or adjudicator’s assessment as to discipline or liability? Have changing attitudes towards workplace culture and mental health impacted the analysis?