CONSTRUCTION LABOUR RELATIONS

APRIL 7, 2011

8:00

Registration and Continental Breakfast

8:30

Welcoming Remarks from Insight Information

8:35

Co-Chairs' Opening Remarks

Richard J. Charney
Partner
Ogilvy Renault LLP

Alan M. Minsky, Q.C.
Partner
Koskie Minsky LLP

8:45

A Detailed Review of Project Agreements

Moderator: Harry Freedman
Vice-Chair
Ontario Labour Relations Board

Ray Curran
Chairperson, Labour Relations Council
Sarnia Construction Association
Owner and Operator, Curran Contractors Ltd.

Alan M. Minsky, Q.C.
Partner
Koskie Minsky LLP

James St. John
Business Manager
Central Ontario Building Trades

Frederick R. von Veh Q.C.
Partner
Bennett Jones LLP

• The nature and purpose of the original 1998 and subsequent 2000 statutory provisions enabling project agreements and their application then and since to projects in the Sarnia Chemical Valley and to various other large industrial projects
• What are the benefits of typical project agreements to owners, contractors and building trade unions?
• A detailed understanding of the scope and nature of the project in question
• Who can initiate a project agreement – the definition of "proponent"
• An appreciation of the various bargaining agents and provincial agreements that will impact the construction project
• The scheme of Section 163.1 of the Labour Relations Act – detailed steps to follow
• Negotiating the project agreement including narrowing the issues which will ultimately be included in the project agreement
• OLRB's jurisdiction to amend the project agreement in the event of a disproportionate impact on a particular trade

9:45

Networking Coffee Break

10:00

Jurisdictional Disputes and Sector Update: Expediting the Process

Moderator/Commentator: Lee Shouldice
Vice-Chair
Ontario labour Relations Board

Joseph Liberman
Partner
Mathews, Dinsdale & Clark LLP

Douglas J. Wray
Partner
CaleyWray

• Why does the OLRB hold a "pre-consultation process" and does it save or waste time?
• Have JDs become overly legalistic and if so, is there a way to simplify the issues?
• Is there an interest in having the OLRB adopt a second “expedited” process for when the parties just want a quick, without precedent decision?

11:00

Violence and Harassment: The Implications of Bill 168 for the Construction Workforce

Elizabeth M. Mitchell
Partner
Koskie Minsky LLP

Jeffrey D. A. Murray
Partner
Stringer Brisbin Humphrey

• Is Bill 168 relevant in construction employment?
• Bill 168 obligations – significant onus on employers, significant rights for employees
• How to harmonize obligations in a multi-employer, multi-contractor environment
• Do Hiring Halls complicate the obligations of the employers, employees, and unions?
• Can the Employer refuse to hire based on information received pursuant to Bill 168?
• Being proactive about workplace violence and harassment
• Safety due diligence: Bill 168 policies and procedures
• Overlapping rights: Joint H&S committees, privacy concerns

12:00

Networking Luncheon

12:45

Bernard Fishbein
Chair
Ontario Labour Relations Board

1:30

Maintenance vs. Construction: Repair or Despair?

Moderator: Lee Shouldice
Vice-Chair
Ontario labour Relations Board

Rob Gibson
Partner
Gibson & Barnes LLP

Carl W. Peterson
Partner
Filion Wakely Thorup Angeletti LLP

• Review and discussion of the established definitions of the terms "construction" and "maintenance" under the Ontario Labour Relations Act
• Update of Ontario Labour Relations Board jurisprudence
• Common misconceptions of the scope of the term "maintenance"
• Legal ramifications of construction vs. maintenance
• Proliferation and importance of maintenance collective agreements

2:20

Breaking Ground with Ontario College of Trades

Moderator/Commentator: Tony Brenders
Director, College of Trades Project Implementation Office
Ministry of Training, Colleges and Universities

Patrick Dillon
Business Manager and Secretary Treasurer
Provincial Building and Construction Trades Council of Ontario
Union Rep: Ontario College of Trades Appointments Council

Hugh Laird
Executive Director, Interior Finishing Systems Training Centre
Executive Director, The Interior Systems Contractors Association of Ontario
Employer Rep: Ontario College of Trades Appointments Council

Building on the significant role skilled trades already play in Ontario’s prosperity, the College of Trades, established through the Ontario College of Trades and Apprenticeship Act, 2009, will help modernize the province's apprenticeship and skilled trades system. In this session, hear employer and labour perspectives on the priorities and gain insights into how the College of Trades will meet its mandate to:

• Promote careers in the skilled trades
• Ensure that our apprenticeship and skilled trades system aligns with the needs of our economy
• Put skilled trades on similar footing with other professions
• Give the industry a greater role in recruitment, governance, certification and apprenticeship training

3:15

Networking Refreshment Break

3:30

Enforcing Contracting/Sub-Contracting Provisions

Sheri Farahani
Senior Associate
Emond Harnden LLP (Ottawa)

James Robbins
Partner
Cavalluzzo Hayes Shilton McIntyre & Cornish LLP

• Issues in establishing liability:
  • Exemption clauses
  • Indirect contractual relationships
• Issues in proving damages:
  • Where non-union subcontractors are union members
  • Where no union subcontractors are available
• Subcontracting and jurisdictional issues

4:20

Discipline, Discharge, and Layoffs: When is a Layoff a Real Layoff?

Donald K. Eady
Partner
Paliare Roland Rosenberg Rothstein LLP

Erin R. Kuzz
Partner
Sherrard Kuzz LLP

• When is a 'layoff' really a 'termination'? What are the consequences to employers who get it wrong?
• Is a layoff at the instance of a third party/owner defensible?
• Can you 'layoff' non-union construction employees? What about non-construction staff?
• Tips for getting layoffs right

5:15

Conference Adjourns for the Day

APRIL 8, 2011

8:00

Continental Breakfast

8:30

Future Challenges to Building Trades Unions

Moderator/Commentator: Jules B. Bloch
Arbitrator/Mediator

Bruno M. Antidormi
Senior Vice President
EllisDon Corporation

Robert Blakely
Director of Canadian Affairs
Building & Construction Trades Department

J. Larry Macdonald
Senior Vice-President, Black & McDonald Limited
Past Chair of IHSA, President of EPSCA

Wm (Bill) Nicholls
Business Manager / Secretary-Treasurer
IUPAT, District Council 46

• Will the building trades continue to be leaders in apprenticeship training and productivity?
• Building trades market share challenges and organizing
• Recruitment and retention of workers for the future
• External threats that may be a detriment to the building trades – organizational and legislative

9:30

No-Strike/No-Lockout Bargaining Protocols

Moderator/Commentator: Reg Pearson
Director, Dispute Resolution Services
Ministry of Labour

John Grimshaw
Executive Secretary Treasurer
IBEW Construction Council of Ontario

Nicholas J. Keresztesi
Counsel
Universal Workers Union, LIUNA Local 183

Eryl Roberts
Executive Vice-President
Electrical Contractors Association of Ontario

Over a number of rounds of bargaining we have seen several examples of "no strike/lockout protocols" that have been agreed to in such areas as ICI, Residential, EPSCA, Pipeline Distribution and to some extent in various project agreements. This panel will share their experiences and knowledge of how this has played out in respect to: improved stability for owners, clients and union members; market share; the effects on collective bargaining; and the possibilities and challenges for the future.

10:30

Networking Coffee Break

10:45

Non-Construction Employer and the Charter

Moderator/Commentator: Brian Langille
Professor, Faculty of Law
University of Toronto

Richard J. Charney
Partner
Ogilvy Renault LLP

Lorne Richmond
Partner
Sack Goldblatt Mitchell LLP

• The Charter and labour relations: what is the latest?
• Non-construction employer termination provisions: what is the latest?
• Are the non-construction employer provisions constitutional?
• Update on the latest constitutional challenge
• Litigating Charter challenges at the OLRB

11:40

Practical Advice on Alcohol & Drug Testing... Where the Law is Taking Us

Moderator/Commentator: Barb Butler
President
Barbara Butler & Associates Inc.

Michael C.P. McCreary
Partner
Watson Jacobs McCreary

Michael G. McFadden
Partner
Ogilvy Renault LLP

• History of case law on alcohol and drug testing
• Reconciling the case law
• Where we are now
• Practical advice
• Looking down the road

12:30

Networking Luncheon

1:15

Risk Management for Multi-Employer Pension Plans

Thomas D. Levy
Senior Vice President and Chief Actuary
The Segal Company, Ltd.

1:45

Can You "Appeal" a Labour Board Decision? Reconsideration and Judicial Review Applications

Leonard Marvy
Solicitor
Ontario Labour Relations Board

Reconsideration

• Board’s power to reconsider its decisions
• How the Board exercises this discretion

Judicial Review

• Divisional Court and the Judicial Review Procedure Act
• Thirty years of data
  • How frequently do parties seek judicial review?
  • How have the courts disposed of the applications?
  • Who were the applicants and respondents and did this affect the rate of success?

2:30

Preparing for the Worst: How to Respond to a High Risk Incident

Steven Martin
Business Manager/ Financial Secretary
International Brotherhood of Electrical Workers
Local 353

Jeremy Warning
Senior Associate, Heenan Blaikie LLP
Former Prosecutor, Ministry of Labour

Few workplace events create more potential for disruption of work, emotional turmoil, damage to reputation, government enforcement and significant liability than a serious or fatal workplace accident. This session will discuss practical measures to ensure an effective accident response that minimizes risk to the Company and those working for it. Topics discussed include:

• Complying with immediate legal obligations
• Cooperation without incrimination
• Managing the internal and regulatory investigations
• Responding to orders
• Dealing with the media

3:30

CLE Accreditation

This program can be applied towards 9 of the 12 hours of annual Continuing Professional Development (CPD) required by the Law Society of Upper Canada. Please note that these CPD hours are not accredited for the New Member Requirement.

This course has been accredited by The National Gold Seal Committee (2 SICS).

• Owners and Developers
• General Contractors and Subcontractors
• Construction Association Administrators
• Project Managers and Project Engineers
• Trade Union Representatives
• Union Presidents, Field Representatives, Business Agents, and Stewards
• In-House Counsel

• Mediators, Arbitrators and Conciliators
• Labour and Employment Lawyers
• Directors & Managers of Labour Relations
• Construction Lawyers and Consultants
• Government Representatives
• Insurers and Surety Professionals

Dear Colleague:

Following the success of the previous four Construction Labour Relations conferences, Insight Information is hosting the 5th bi-annual Construction Labour Relations event to provide the construction industry with “need-to-know” information on labour legislation, current labour relations issues, and effective solutions for resolving disputes.

Insight Information has assembled a stellar faculty of management and union legal and industry experts to address subjects carefully chosen to stimulate discussion and update your awareness of the various issues affecting the construction labour relations sector. They will highlight practical lessons that can be learned from concerns that have arisen recently. You will gain valuable insights, practical tips and excellent papers for future reference.

A quick snapshot of the conference highlights includes: a keynote luncheon address by the new Chair of the Ontario Labour Relations Board, Bernard Fishbein; a discussion on the potential for quick, without precedent decisions regarding JDs moderated by Lee Shouldice, Vice Chair of the Ontario Labour Relations Board; and Thomas Levy, Senior Vice President and Chief Actuary at The Segal Company, Ltd. will provide an update on critical issues in pension reform. We also believe you will find the presentation on the College of Trades to be of interest, as you plan for the skills needed in the future. In the closing session, Jeremy Warning, Former Prosecutor to the Ministry of Labour and Steven Martin of IBEW Local 353 will share practical measures to ensure an effective accident response that minimizes risk to the Employer and those working for it.

Our intention is to foster a timely and relevant discussion of the issues facing the industry as a result of legislative initiatives and developing case law, and by doing so, to gain some insight into future trends for labour relations in the construction industry.

We invite you to review the full agenda and look forward to seeing you at the conference.

Richard J. Charney
Partner
Ogilvy Renault LLP

Alan M. Minsky, Q.C. 
Partner
Koskie Minsky LLP

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