CONSTRUCTION LABOUR RELATIONS

March 26, 2013

8:30

Registration and Continental Breakfast

9:00

Welcoming Remarks from Insight Information

9:05

Co-Chairs' Opening Remarks

Richard J. Charney
Partner
Norton Rose Canada LLP

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

9:15

OLRB Certification Process: Construction Industry Practices and Procedures

Moderator/Commentator:
David A. McKee 
Vice Chair
Ontario Labour Relations Board

Harold F. Caley
Counsel
CaleyWray

Mark. A. Stone
Partner
Filion Wakely Thorup Angeletti LLP

• New rules in 2013 for certification in construction: information bulletins IB32
• Delivery issues to employers
• Timelines and the issue of meeting deadlines
• Timeliness of response by employers: case in point, City of Hamilton
• Case law re weekend certifications

10:15

Networking Coffee Break

10:40

Enforcement of Pre-fabrication Clauses

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

Richard J. Charney 
Partner
Norton Rose Canada LLP

• Where and why do these types of clauses appear in collective agreements in the construction industry and why do certain unions negotiate them?
• What has been the experience in enforcing these clauses at arbitration?
• Are these clauses to be given a large and liberal interpretation to acknowledge the union's jurisdiction over its trade work or jurisdiction, or a narrow interpretation to reduce costs from management's point of view?

11:30

Jurisdictional Disputes/Sector Disputes: What are the Rules on Damages?

M. Patrick Moran
Partner
Hicks Morley Hamilton Stewart Storie LLP

Lorne Richmond 
Partner
Sack Goldblatt Mitchell LLP

• Who comes to the party? Who should participate?
• When does the Employer pay damages?
• Are sector disputes relevant in jurisdictional disputes?
• Should the Board play a more active mediation role at the pre-consultation conference stage?
• Can disputes be resolved more quickly?

12:30

Networking Luncheon

1:30

Keynote Address

Bill C-377 - What It Means for Building Trades Unions

Robert Blakely 
Director of Canadian Affairs
Building & Construction Trades Department

2:00

Alcohol and Drug Testing: Is the Law Changing?

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

David Bannon 
Partner
Norton Rose Canada LLP

Michael C.P. McCreary
Partner
Watson Jacobs McCreary

• Cross-Canada approach in the construction industry
• Current rulings impacting the industry
• Cases to watch for (Suncor, JD Irving Supreme Court decision)
• Practical advice

3:10

Networking Refreshment Break

3:30

A Detailed Review of Project Agreements

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

Donald K. Eady
Partner
Paliare Roland Rosenberg Rothstein LLP

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

• The scope and application of section 163.1 of the Labour Relations Act
• The advantages of entering into project agreements for owners, contractors and building trade unions
• Who can initiate a project agreement – the definition of "proponent"
• The various bargaining agents and provincial agreements that will impact the construction project
• Negotiation of the project agreement, including narrowing the issues ultimately included in the project agreement
• What role does the OLRB have in the process of parties attaining a project agreement, including the OLRB's jurisdiction to amend the project agreement in the event of a disproportionate impact on a particular trade?

4:30

Conference Adjourns for the Day

"The wide array of current labour relations issues and concerns affecting the construction industry discussed at the conference certainly gave both Union and Management a broader perspective of the challenges that face all of us in the labour relations community."

Daveen Lidstone Labour Relations Representative, I.U.O.E., Local 793

March 27, 2013

8:30

Continental Breakfast

9:00

Current Construction Labour / Economic Trends

If We Build It Will They Come?

Rosemary Sparks 
Executive Director
Construction Sector Council

The extent of resource based construction investment is driving the need for skilled labour in many provinces across Canada. Will workers be available to move to where the major projects are being constructed? What impact is the aging demographic going to have on mobility and availability? This presentation will provide an overview of the labour challenges facing construction over the next decade and look at who's leaving and who's entering the construction workforce, and where the skilled labour may come from.

How Will Trends in the Economy Affect Construction Bargaining This Year?

John O'Grady
Economist
John O'Grady Consulting Ltd.

• The economic factors that shape settlements
• Trends in residential and non-residential construction

10:00

Networking Coffee Break

10:20

Beyond Bargaining: Economic and Non-Economic Issues

Moderator:
Sean W. Strickland 
Chief Executive Officer
Ontario Construction Secretariat

Don Bennett
Vice President of Design, Engineering & Fabrication
Black & McDonald Limited

Giovanni Cautillo
Executive Managing Director
Residential Framing Contractors' Association

John R. Evans 
General Counsel
Labourers International Union of North America, Local 183

John Grimshaw 
Executive Secretary-Treasurer
IBEW Construction Council of Ontario

• Imperative of a good labour/management relationship
• Current bargaining trends – economic/non-economic issues
• Mandatory clauses for grievance arbitration: case in point Windsor/Essex Board of Education
• Language
• Negotiating outside the Collective Agreement
• Prospects for new provincial agreements

11:30

Legislation and Prosecutions for Health & Safety Offences: What's on the Horizon?

Kevin MacNeill
Partner
Heenan Blaikie LLP

• Update on mandatory worker safety training obligations: do they apply to union hiring halls?
• Bill C-45 update:
  • Where is sentencing going?
  • 21 years after Westray, is it easier to convict a corporation now?
  • Supervisors' liability
• Update on OHS cases of interest including developments in the law of due diligence

12:15

Networking Luncheon and Keynote Address

Building Canada's Future Economy: The Federal Skilled Trades Program

Speaker to be announcedt

1:45

Recent Developments and Strategies in Construction Industry Grievances

Laurie Kent 
Associate
Koskie Minsky LLP

Herbert Law
Partner
Mathews, Dinsdale & Clark LLP

Grievance Procedures

• Time limits of grievance referrals
• When can a bar be imposed by an owner or general contractor on a sub-contractors' employees?
• When can the bar be challenged by the Union?
• Consideration of arbitrating grievances before the OLRB or at private arbitration
• When responding parties might refer grievances against them to the OLRB for arbitration

Discipline & Dismissal

• Have the parameters for cause for dismissal expanded in the construction industry?
  • Bill 168
  • Human rights – developing accommodation issues in the construction industry; refusal to work
• Just cause standards

2:45

Networking Refreshment Break

3:00

Bill 119 - Workers' Compensation Update: Mandatory Coverage of WSIB and Other Recent Developments

Robert C. Cronish, Q.C.
Certified Specialist – Workplace Safety & Insurance Law

• Review of contents of Bill 119
• Issues of personal coverage for Officers of Corporations for WSIB premiums
• New rules for sub-contractors
• Restatement of Employer liability for use of unregistered sub-contractors
• Application of WSIB Integration Test versus wording of WSIB Policy
• Factors in recent WSIAT and Court decisions:
  • Whose business is it?
  • Use of Business Reality Test as set out in WSIAT decision # 382/06 to achieve Independent Contractor status
  • WSIB questionaires
  • Use by WSIB of T-5018 – Employer's declaration of sub-contractor payroll to identify non-compliant parties
  • Exemption for 'home renovators'
• If injured, under Bill 119, a sub-contractor deemed a worker of a constructor is the constructor's responsibility for LOE and re-employment obligations

4:00

Accreditation

Law Society of Upper Canada CPD: This program qualifies for 11 substantive hours.

This program has been approved by the Law Societies of Saskatchewan and British Columbia for 11 hours.

For Alberta lawyers, consider including this course as a CPD learning activity in your mandatory annual Continuing Professional Development Plan as required by the Law Society of Alberta.

The Barreau du Québec automatically recognizes training activities held outside the province of Quebec and accredited by another Law Society which has adopted MCLE for its members. This program is thus approved by the Barreau du Québec for 11 hours.

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

• 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 Agents and Stewards

• In-House Counsel
• Mediators, Arbitrators and Conciliators
• Labour and Employment Lawyers
• Vice Presidents, Directors & Managers of Labour Relations
• Construction Lawyers and Consultants
• Government Representatives
• Insurers and Surety Professionals

Dear Colleague:

Following the success of the previous five Construction Labour Relations conferences, Insight Information is hosting the 6th biennial 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 address on Bill C-377 and what it means for building trades unions by Robert Blakely, Director of Canadian Affairs at the Building and Construction Trades Department; Rosemary Sparks, Executive Director of the Construction Sector Council and renowned economist John O'Grady will bring you up to speed on current construction labour/economic trends; and our industry panel of experts representing the Ontario Construction Secretariat, Residential Framing Contractors' Association, IBEW Construction Council of Ontario, LIUNA, Local 183, and Black & McDonald Limited will cover a range of pertinent, practical issues in the session titled "Beyond Bargaining: Economic and Non-Economic Issues".

Our intention is to foster a timely and relevant discussion of the issues facing the industry as a result of recent 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
Norton Rose Canada LLP

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

MARKETING PARTNERS

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