LABOUR & EMPLOYEE
RELATIONS

Headaches at work keeping you up at night? Obtain workable solutions to new challenges facing employers and unions and gain useful information to prepare for negotiating new agreements, grievances and settlements.

Benefit from practical advice and critical insights into the following:

• Duty to Accommodate: An Evolving Range of Issues
• Disability-related Misconduct
• Proactive Attendance Management
• Difficult People? Tactics for Discipline Challenges
• Negotiating Employee Benefits
• New Minefields: Blogs, Twitter, Facebook, Cyberbullying
• Privacy Rights: What is a Reasonable Balance?
• Damages Increases: Too Soon for a Funeral for Wallace!
• Smart Grievance Management
• OH&S Breaches: Harsher Remedies on the Horizon?

PROGRAM CO-CHAIRS

Mike Coyle
Legal Counsel and Chief Negotiator, Nova Scotia Nurses’ Union

Andrea D. Gillis
Manager of Labour Relations, Halifax Regional Municipality

Keynote Address

Addressing Employee Morale When Purse Strings Are Tight

Bill Howatt Ph.D
Howatt HR Consulting Inc.

CLE Accreditation:

This conference has been approved by the Law Society of New Brunswick for 13.5 hours

MARKETING PARTNERS

This program is designed for public and private sector, unionized and non-unionized organizations including:

• Vice Presidents, Directors & Managers of:
  • Human Resources
  • Labour Relations
  • Employee Relations
  • Benefits
• Chief Negotiators
• In-house Counsel
• Labour & Employment Lawyers
• Mediators, Arbitrators and Conciliators

• Union Presidents, Officials, Business Agents, Stewards and Committee Members
• Directors & Managers of Occupational Health, Safety & Environment
• Supervisors & Plant Managers
• Labour and Industrial Relations Practitioners
• Return-to-Work Managers
• Labour Relations Consultants
• Government representatives

Dear Colleague:

There are many conferences on Labour & Employee Relations. What makes one better than the others is the excellence of the presenters and the relevance of their topics. This is the case with Insight Information’s 9th annual HR/labour-related conference in Atlantic Canada.

Back by popular demand, this timely conference addresses the issues that you told us were important: duty to accommodate; discipline; effective management of attendance and challenging employees; and hot new and evolving issues such as cyberbullying; social media minefields; and developments in OH&S, benefits and damages. The mix of items covered is diverse and all are issues that have a “real world” impact on your organization.

This conference offers excellent value. The faculty is composed of experts who are “in the action” day in and day out representing employers, unions and employees. You will receive valuable inside, practical tips in addition to excellent papers on the various topics. The presenters have a variety of backgrounds but the same qualities – they are all highly qualified, have great success records, and a strong dedication to their craft.

We are also very fortunate to have an excellent luncheon speaker, Dr. Bill Howatt, who will share three key things that employers can do to increase the likelihood of having motivated employees without breaking the bank!

Rarely have so many leading experts representing both union and management been brought together in a single conference. All in all, we are sure you will find this conference most worthwhile.

Yours truly,

Mike Coyle
Legal Counsel and Chief Negotiator
Nova Scotia Nurses’ Union

Andrea D. Gillis
Manager of Labour Relations
Halifax Regional Municipality

Thursday, September 30, 2010

8:00

Registration and Coffee

8:30

Welcoming Remarks from Insight Information

8:35

Co-Chairs’ Opening Remarks

Mike Coyle
Legal Counsel and Chief Negotiator
Nova Scotia Nurses’ Union

Andrea D. Gillis
Manager of Labour Relations
Halifax Regional Municipality

8:45

Duty to Accommodate Obligations and Increased Expectations: How Far Must an Employer Go?

Andrea D. Gillis
Manager of Labour Relations
Halifax Regional Municipality

Lisa Teryl
Legal Counsel
Nova Scotia Human Rights Commission

• What’s up for negotiation?
• Clarifying how far a company is required to go
• Resolving the problem of weak medical notes – what are a company’s responsibilities and rights?
• Family status:
  • The increase in request for dayshifts
  • Accommodating the needs of the “sandwich” generation
• Aging workers
• Religion
• Sexual orientation issues
• Other evolving trends?

9:30

Disability-Related Misconduct: Discipline or Accommodation?

Mike Coyle 
Legal Counsel and Chief Negotiator
Nova Scotia Nurses’ Union

Donna VanBuskirk 
Human Resources Manager - Atlantic Canada
Purolator Courier

• Can an employer dismiss an employee for misconduct caused by a disability or does the duty to accommodate apply?
• Must an employer or union investigate whether a disability played a role in an employee’s misconduct prior to imposing discipline?
• Must an employee disclose a disability in order to trigger an accommodation?
• Are last chance agreements enforceable?
• Can an employer require an employee who has been involved in addiction-related misconduct to undergo random drug testing?
• When should a union be disclosing a disability to save a person’s job?
• How are the needs of an individual whose disability makes them a difficult client balanced with those of the collective?
• What are the risks and precautions to be taken in representing persons with mental disabilities?
• Who is the union rep representing – the collective or the individual?
• How would a non-union lawyer balance the needs?
• Tips for avoiding discrimination and human rights violations

10:20

Networking Coffee Break

10:40

Administering Accommodation Under a Collective Agreement: Xstrata Zinc’s Proactive Disability Management Team

Union Representative
Kevin Clement 
Union Compensation Representative
United Steelworkers Local 5385

Labour Relations Representative
Numa Dandurand
Senior Labour Relations Coordinator
Xstrata Zinc

Health Services Representative
Carmelle Savoie
Occupational Health Nurse
Occupational Health Supervisor
Xstrata Zinc

Members of Xstrata Zinc’s disability management team will share how today, both workers and the Employer are benefiting from the foresight shown several years ago when the disability team concept was initiated at Xstrata Zinc with the support of USW. The speakers will share how their team was composed, their mission statement, and how they have developed policies that comply with legislation, regulations and the current language of the collective agreement.

Leave this session inspired and with new ideas for your disability management team’s mandate.

11:20

Discipline Challenges: Dealing with Difficult People Who Fly Under the Radar While Rocking the Boat

Patti Humphries
Labour Relations Representative
Nova Scotia Nurses’ Union

Sheila Rankin
Vice President People and Organizational Development
Annapolis Valley Health

• Investigating the issues – covert vs. overt tactics to be aware of
• Cyberbullying – ramifications of off-duty and on-duty conduct
• Conducting interviews
• Resolving bullying:
  • Between co-workers
  • Between Manager and Employee – when either is the bully
• Psychological harassment claims
• Options for disciplinary action
• At what point does a company have the right to terminate?
• Reputation management

12:15

NETWORKING LUNCHEON AND KEYNOTE ADDRESS

1:00

Addressing Employee Morale When Purse Strings Are Tight

Bill Howatt Ph.D 
Founder and CEO
Howatt HR Consulting Inc.

Every organization has a defined output that is either a product or service, and every organization relies on people and processes to achieve this output. Having employees with the necessary knowledge and skills required to achieve the targeted output results is of little value if the employees are not motivated. Cornell University in 2004 reported that presenteeism was estimated to account for 60% of all productivity lost. This keynote introduces TalOp™ developed by the presenter that will quickly provide the audience with a frame of reference of how operations, talent and health and wellness management are interconnected. This will provide the platform and logic for three things employers can do to increase the likelihood of having motivated employees without breaking the bank. Oh – and at the same time reducing the risk of employees going on psychological distress related leave that is costing companies in Canada $51 billion a year.

1:30

Here Today, Here Tomorrow! Proactive Attendance Management for Maximum Productivity

Ross Galbraith
Business Manager
IBEW, Local 37 (Saint John)

Frank Gillan
Labour Relations Consultant
HR Associates Inc. (Charlottetown)

The cost of absenteeism can be enormous and with workplaces faced with an increased emphasis on reducing costs, the importance of tackling this issue has never been greater. Using a good foundation in Labour-Management meetings as a starting point, our speakers will share how innovative and creative solutions can be developed away from the table. They will provide you with practical information to help you get this costly issue under control.

• How does one manage attendance using positive enforcement?
• Emerging issues:
  • Different generations in the workplace
  • Differing expectations around work/life balance
• What should be negotiated in an agreement that will help increase attendance?
• What language is most effective? Is more language better than less?
• What practices work best?

2:15

Update on Judicial Review of Decisions Dealing with Workers Compensation

Noella Martin
Partner
Wickwire Holm

• What is the standard of review of a decision of the Workers Compensation Appeals Tribunal?
• What does “reasonableness” mean?
• Can WCAT’s conclusion on fact ever be the basis of a judicial review?
• Crystal balling: will trends in Western Canada become the norm across Canada?

2:45

Networking Refreshment Break

3:00

Privacy Rights – What is a Reasonable Balance? Top Tips for Employers and Unions

David R. Greener
Legal Counsel
Halifax Regional Municipality

David C. Wallbridge
Associate
Pink Larkin

During this interactive session, we will examine and discuss hypothetical fact scenarios (based on real experiences) to identify common issues which employers and unions address. The emphasis will be on practical information designed to assist employers, employees and unions in avoiding common privacy law mistakes and be on the leading edge of best practices. Some of the areas covered in this session will include:

• Employee and customer monitoring
• Employee medical information
• Privacy breaches
• Public access to grievance and other documents involving employees
• Privacy and privilege
• Implications of litigation privilege in an arbitration setting
• When does it terminate?

3:45

Damages Issues after Honda/Keays: Too Soon for a Funeral for Wallace!

Penny Harding
Senior Counsel
Bell Aliant Regional Communications, LP

Kelly VanBuskirk
Partner
Lawson Creamer (Saint John)

• Overview of the Honda/Keays decision
• What obligation, if any, do employers post-Honda v. Keays owe to their employees in the manner of dismissal?
• Are damages beyond the period of reasonable notice recoverable by an employee post-Honda v. Keays? If so, what employer conduct in the manner of dismissal may give rise to a claim for damages beyond the period of reasonable notice?
• What employer conduct and employee circumstances will the Courts take into account in quantifying damages arising from the manner of dismissal?
• Punitive damages – can they still be awarded in consequence of employer misconduct and, if so, in what circumstances?
• How have Canadian Courts applied Honda/Keays?
• The issue of proportionality in recent decisions – Merrill Lynch, Pate
• What can we expect in the future?

4:45

Conference Adjourns for the Day

Friday, October 1, 2010

8:00

Networking Coffee

8:30

Preparation Pointers for Negotiating Agreements in a “Reset” Economy

Moderator/Commentator:
Ivano Andriani
President
Pragmatic Human Resource Solutions Inc.

Mike Christie
Director, Human Resources
Halifax Regional School Board

Marianne Welsh
National Representative
CUPE

• Setting bargaining priorities in turbulent times
• How will private sector settlements influence the shape of public sector negotiations?
• What special labour relations challenges do specific sectors face in upcoming negotiations?
• Effect of two-tiered wage systems and benefit costs
• The role of third-party involvement
• Incentives for settlement; why would a union settle for nothing?
• Disclosure obligations on both sides to further collective bargaining

9:30

Challenges in Dealing with High Expectations: Employee Benefits in the Current Financial Environment

Thomas W. Groves
Partner
Cox & Palmer

Robin MacLean 
Director of Negotiations & Servicing
NSGEU

• How have the needs of employers and workers changed?
• The impact of the change in the economy in negotiations
• Managing stakeholders expectations – union, employer, employee
• To cut or not to cut:
  • Pay increases
  • RRSP employer contributions
  • Education
• Evolving pension and benefit issues
• Bargaining closure agreements
• Recent developments

10:20

Networking Coffee Break

10:40

Blogs, Twitter and Facebook: New Minefields to Navigate

Derek Blackadder 
National Representative
CUPE

Ian Pickard
Partner
McInnes Cooper

Social media (and Internet “postings”) are generating a number of interesting new legal issues and some refreshed views of old ones.

• What is social media? Who is using it and why?
• Social media and defamation: what is the risk?
• Social media and privacy: what privacy?
• Social media and the boss: Insubordination? Let me count the ways…
• Social media and the union: new ways to communicate
• Social media and the respectful workplace: new challenges in cyberspace
• Social media and the grievance/arbitration procedure: whatever happened to the exclusion of witnesses, and other procedural problems
• How are labour unions integrating technology and the politics of social media?
• Responsible use of social media in disability claims

11:30

Workforce Reductions: Issues Affecting Non-Unionized Employees

Scott Sterns
Partner
Merrick Jamieson Sterns Washington & Mahody

• Constructive dismissal – what weight is given to change in location, duties and/or reporting functions?
• Duty to mitigate – lessons learned from Evans vs. Teamsters
• Mitigation in termination cases constructive dismissal vs. workplace change
• What terminated employees will hear from their lawyers

12:00

Networking Luncheon

1:00

Pension Reform: The Future of Retirement

Hugh Wright 
Partner
McInnes Cooper

• What will the Supremes say next? Pension case law update
• What have you done for me lately? Update on post-retirement group benefits
• Pension reform – what are the pending changes?

1:30

Workforce Restructuring: Challenging Choices

Fred Wilson
Assistant to the National President
CEP (Ottawa)

From the perspective of the union, the CCAA restructuring of Fraser Papers reveals everything that is wrong with Canada’s bankruptcy and pension laws. When companies seek the protection of the courts to shed debts and to cut pension plans, unions must engage in non traditional bargaining.

Unions have no choice but to work to limit the harm to retirees and workers, but these choices are extremely difficult and often highly controversial.

2:00

Grievance Management: Tactical and Procedural Considerations in the Use of Mediation and Med/Arb in the Arbitration Process

Peter J. MacKeigan, Q.C., C. Med., C.Arb.
Mediator/Arbitrator
MacKeigan and Associates Ltd.

• Understanding goals and motivations
• Dealing with expectations
• Effective grievance meetings: topics to cover, differences in preparation for Arbitration vs. Mediation
• Identifying core issues – complex dispute or simple misunderstanding?
• Evaluating the strength of your case – what to consider
• Submitting a grievance to arbitration – issues to consider and when to consider Mediation and Med/Arb
• Use of Mediation and Med/Arb in the Arbitration process
• The role of Arbitrator as the Mediator – is there a difference?

3:00

Occupational Health & Safety Developments: Are Criminal Charges the Way of the Future?

Rebecca K. Saturley
Partner
Stewart McKelvey

• Update on Bill C45: how it has been used so far
• What employers should know to prevent being charged criminally
• The new NS administrative penalty system: what employers should know
• The future: are more charges in the future?

3:45

Register 3 delegates for the main conference at regular price at the same time and you’re entitled to register a fourth person from your organization at no charge. For other group discounts, please call 1-888-777-1707. All discounts must be redeemed when booking, discounts will not be valid or applied after this time.