In today’s turbulent sociopolitical and economic climate, it is critical for employers and unions to have a firm grasp of foundational principles regarding workplace reorganizations. In this installment of Lancaster’s Workplace Essentials webinar series, panelists will address key issues regarding restructuring, including:

• What is meant by the terms “contracting out” and “contracting in”? What factors will an arbitrator consider in determining whether outsourcing constitutes a genuine, “contracting out”?
• Can employers reassign duties to supervisors or employees outside the bargaining unit as part of restructuring? Can they reassign duties formerly performed by full-time employees to part-time employees?
• Will a unilateral reduction in working hours or changes to an employee’s shift times, position, job classification, or job location constitute a lay-off? Can management unilaterally schedule vacation to achieve a temporary shut-down without engaging lay-off provisions?
• How does collective agreement language impact the order in which employees must be laid off and their recall rights? What is “bumping up” and “bumping down” and when will either be permissible?
• When will a “lay-off” in fact amount to termination of employment?
• How will employees’ entitlements on termination change when they are let go as part of a large-scale restructuring? How do employer obligations, and union rights, differ when a restructuring is due to technological change as opposed to economic reasons?
• When will a merger, amalgamation, sale, or transfer of all or part of a business result in the new or acquiring entity being considered a successor or related employer?
• Must employers disclose plans to restructure during collective bargaining?
• What measures do parties seek to negotiate in collective agreements when restructuring occurs?
• What remedies can unions or employees seek when employers fail to adhere to their collective agreement or statutory obligations with respect to restructuring? How does insolvency or a declaration of bankruptcy impact employers’ liability and union and employee rights?
• What legislative changes and government programs have recently been introduced to avoid or cushion the impacts of large-scale downsizing or loss of employment through restructuring?