CONSTRUCTION LABOUR RELATIONS

MAY 10, 2012

8:00

Registration and Continental Breakfast

8:35

Welcoming Remarks from Insight Information

8:40

Co-Chairs' Opening Remarks

Gordon N. Forsyth, Q.C.
Partner
Pink Larkin

James F. LeMesurier 
Partner
Stewart McKelvey

8:50

Labour and Bargaining Structures: How They Fit in the Broader Landscape of Atlantic Canada

Moderator/ Commentator:
J. Gordon MacKay, Q.C.
Partner
Carr, Stevenson & MacKay (PE)

Andrew Dawson
Atlantic Canada Representative
Building and Construction Trades Department
Special Projects Advisor, Atlantic Canada Regional Council
of Carpenter Millwright & Allied Workers (NB)

Dana Lenehan, Q.C. 
Partner
Martin Whalen Hennebury Stamp (NL)

Greig Macleod
General Counsel
Nova Scotia Construction Labour Relations Association (NS)

Management and union lawyers will canvas the bargaining structures in NB, NS, PEI and NL and do a comparison and contrast of each structure. You will come away with an understanding of the advantages of each structure, knowledge of how various issues in each Province are managed, and all will benefit from lessons learned in each of the Atlantic Canada Provinces.

10:20

Networking Coffee Break

10:40

A Detailed Review of Project Agreements

David W. Clark
Lawyer and Industrial Relations
and Human Resource Consultant

David Wade
Executive Director
Resource Development Trades Council
of Newfoundland and Labrador

• Review of labour risks to owners and project proponents when executing major project agreements
• What are the benefits of project agreements to owners, contractors and building trade unions?
• How to utilize the current legislative framework in Newfoundland and Labrador to minimize risks
• Chief components in major project agreements to mitigate these risks
• The importance of a comprehensive labour relations strategy that is in alignment with the commercial contracts strategy for a major project
• Jurisdictional issues
• Grievance procedure
• Mechanisms for amending an agreement

11:30

Maintenance vs. Construction: Repair or Despair?

Rick Dunlop
Partner
Stewart McKelvey

Ronald Pizzo
Partner
Arnold Pizzo McKiggan

• Review and discussion of the established definitions of the terms "construction" and "maintenance" in the Atlantic Provinces
• Update of Labour Boards' jurisprudence
• Common misconceptions of the scope of the term "maintenance"
• Legal ramifications of construction vs. maintenance
• Proliferation and importance of maintenance collective agreements

12:30

Networking Luncheon

1:20

KEYNOTE ADDRESS

Construction Looking Forward – 2012 - 2020

Rosemary Sparks 
Executive Director
Construction Sector Council

This presentation of the Construction Sector Council's 2012 Atlantic Provinces' forecast scenario will provide information on the economic outlook, construction investment, and the impact on skilled labour requirements.

2:00

Establishing Collective Bargaining Rights

Malcolm Boyle 
Partner
McInnes Cooper

Josh Hambrook
Organizer
Atlantic Region District Council of Labourers
and Universal Workers
 

Management panelist – TBA

• The certification process
• Voluntary recognition
• The impact of accreditation
• Deficiencies in current legislation
• If no mechanism for finalizing collective agreement, then what?
• Weekend certification applications
• Salting
• De-certification

3:00

Networking Refreshment Break

3:15

Build It and They Will Come… But Who Will Come to Build It?

Speaker TBA
 

• Apprenticeship Training – what all systems are designed to produce
• Red Seal/Interprovincial Journeymen Certification – what about apprentices?
• Demographics of apprentices
• Apprenticeship Systems – desire to be considered "post-secondary education"
• Recruiting into the Trades – employers and unions pick differently
• Retention
• Generalized reality – declining labour force growth and the family business
• Can and will the Building Trades be a leader?

4:00

Defending/Protecting Bargaining Rights

Amy Bradbury
Associate
Ritch Durnford

Eric K. Slone
Arbitrator/Mediator
Vice-Chair, Nova Scotia Labour Board

Donald V. Keenan
Partner
Barry Spalding
 

• Double breasting issues
• The difference between common employer and successorship provisions
• Tests applied by the Board to determine if successorship or common employer has occurred
• The exercise of discretion by the Board
• Practical considerations – disclosure by the employer, procedural issues and burden of proof
• Enforcing sub-contracting provisions

5:00

Conference Adjourns for the Day

MAY 11, 2012

8:00

Continental Breakfast

8:30

The Future of Construction Labour Relations: Emerging Trends to Look For Management

Moderator/ Commentator:
Gregory M. Anthony
Partner
Cox & Palmer

Tony Fanelli
Vice President and Manager of Labour Relations
Bantrel Constructors

Craig Power 
President
Construction Labour Relations Association
of Newfoundland & Labrador Inc.

Christina Taylor
Manager of Labour Relations and Workforce Development
Irving Oil

The Future of Construction Labour Relations: Emerging Trends to Look For Union

Moderator/ Commentator:
Gordon N. Forsyth, Q.C. 
Partner
Pink Larkin

Robert Blakely 
Director of Canadian Affairs
Building & Construction Trades Department

Phillip Hambrook
International Representative Atlantic Region, LiUNA
President, Atlantic Region District Council of
Labourers and Universal Workers

Tim Swinamer
Business Manager & Financial Secretary
IBEW Local 625

To kick off this panel, Phillip Hambrook will address "The Future of the Building Trades – Are We a Viable Entity?" Following it, a lively discussion between management and union speakers will address the most challenging issues in the industry and offer solutions from each side. In addition they will identify emerging trends and discuss how they may affect changes to current business approaches.

Don't sleep in – you won't want to miss this session!

9:45

Networking Coffee Break

10:00

Atlantic Canada Labour Law Update: Top 5 Cases You Need To Be Aware Of

Moderator/ Commentator:
Douglas Ruck, Q.C.
Chair
Nova Scotia Labour Board

Raymond A. Mitchell 
Legal Counsel
International Union of Painters & Allied Trades, District Council 39

Ian Pickard
Partner
McInnes Cooper

• Confirm what you know
• Find out what you don't know
• How about What you thought you knew... a review of significant cases in Atlantic Canada

11:00

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

Brian Johnston, Q.C. 
Partner
Stewart McKelvey

David Mombourquette 
Partner
Pink Larkin

• History of case law on alcohol and drug testing
  • Pre-employment testing
  • For cause testing
  • Random testing
• Reconciling the case law
• Where are we now?
• Practical advice
• Looking down the road

12:00

KEYNOTE ADDRESS

Risk Management for Multi-Employer Pension Plans

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

12:45

Networking Luncheon

1:45

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

T.J. Burke, Q.C.
Partner
Theriault Burke

Daniel W. Ingersoll, Q.C.
Partner
Cox & Palmer

• 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?
• Discipline issues when labour is in short supply
• Tips for getting layoffs right

2:45

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

James F. LeMesurier
Partner
Stewart McKelvey

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 measure 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 conference has been approved by the Law Society of New Brunswick for 9.5 hours.

Law Society of Upper Canada CPD: This program qualifies for 9.5 substantive hours; 0 professionalism hours. Not accredited for New Members.

• Owners and Developers
• General Contractors and Subcontractors
• Construction Association Administrators
• Construction Council Administrators
• Project Managers and Project Engineers
• Trade Union Representatives:
  • Union Presidents, Field Representatives, Business Managers, Stewards
  • 
    

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

Dear Colleague:

Following the success of Construction Labour Relations conferences held in Toronto and Vancouver, Insight Information is hosting its inaugural Atlantic Canada Construction Labour Relations conference 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 review of bargaining structures and issues; advice on drug and alcohol testing; and sessions on establishing and defending/protecting collective bargaining rights; legal updates; project agreements; discipline, discharge and layoffs; and measures to take to ensure an effective accident response that minimizes risk to the Employer and those working for it.

Rosemary Sparks, the new Executive Director of the Construction Sector Council will address "Construction Looking Forward – 2012-2020" and Thomas Levy, Senior Vice President and Chief Actuary for The Segal Company, Ltd. will provide an update on "Risk Management for Multi-Employer Pension Plans". In addition, the industry panel examining the future of construction labour relations is sure to be lively and a session you will not want to miss!

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 Atlantic Canada's construction industry.

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

James F. LeMesurier 
Partner
Stewart McKelvey

Gordon N. Forsyth, Q.C.
Partner
Pink Larkin

MARKETING PARTNER

Nova Scotia Construction Labour Relations Associations Limited

Please note: Full payment is required in advance of conference dates. Please make all cheques payable to Insight Information.