CONSTRUCTION LABOUR RELATIONS

Transcription

1 March 26 & 27, 2013 The Old Mill Toronto 6th Biennial CONSTRUCTION LABOUR RELATIONS PROGRAM CO-CHAIRS Leading labour relations practitioners and industry experts will provide insights from both management and union perspectives on key issues affecting the industry. Questions and topics to be discussed include: OLRB Certification Process in the Construction Industry: New rules, practices and procedures in 2013 Alcohol and Drug Testing: Is the law changing? Objections to Project Agreements: When and on what grounds? Enforcement of Pre-fabrication Clauses: Must fabricated equipment materials be union-made? Beyond Bargaining: Economic and non-economic issues Legislation and Prosecutions for Health & Safety Offences: What s on the horizon? Grievance Procedures: When can a bar on a sub-contractor s employees be imposed? Or challenged by a Union? Discipline and Dismissal: Have the parameters for dismissal expanded in the construction industry? Bill Workers Compensation Update: New rules for wage assessment of Officers and sub-contractors KEYNOTE SPEAKER Marketing s Bill C What It Means for Building Trades Unions Robert Blakely Director of Canadian Affairs Building & Construction Trades Department Enroll Today! Call EXT or Fax

2 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. David Bannon Don Bennett Black & McDonald Limited Robert Blakely Building & Construction Trades Department Barb Butler Barbara Butler & Associates Inc. Harold F. Caley CaleyWray Giovanni Cautillo Residential Framing Contractors Association Robert C. Cronish, Q.C. Certified Specialist Workplace Safety & Insurance Law Owners and Developers General Contractors and Subcontractors Construction Association Administrators Construction Council Administrators Project Managers and Project Engineers DISTINGUISHED FACULTY Donald K. Eady Paliare Roland Rosenberg Rothstein LLP John R. Evans Labourers International Union of North America, Local 183 John Grimshaw IBEW Construction Council of Ontario Laurie Kent Herbert Law Mathews, Dinsdale & Clark LLP Kevin MacNeill Heenan Blaikie LLP Michael C.P. McCreary Watson Jacobs McCreary David A. McKee Who Should Attend Trade Union Representatives Union Presidents, Field Representatives, Business Agents and Stewards In-House Counsel Mediators, Arbitrators and Conciliators Labour and Employment Lawyers M. Patrick Moran Hicks Morley Hamilton Stewart Storie LLP John O Grady John O Grady Consulting Ltd. Lorne Richmond Sack Goldblatt Mitchell LLP Lee Shouldice Rosemary Sparks Construction Sector Council Mark. A. Stone Filion Wakely Thorup Angeletti LLP Sean W. Strickland Ontario Construction Secretariat Frederick R. von Veh Q.C. Bennett Jones LLP Vice Presidents, Directors & Managers of Labour Relations Construction Lawyers and Consultants Government Representatives Insurers and Surety Professionals

3 8:30 Registration and Continental Breakfast 9:00 Welcoming Remarks from Insight Information Co-Chairs Opening Remarks March 26, :05 9:15 OLRB Certification Process: Construction Industry Practices and Procedures Moderator/Commentator: David A. McKee Vice Chair Harold F. Caley Counsel CaleyWray Mark. A. Stone Filion Wakely Thorup Angeletti LLP New rules in 2013 for certification in construction: information bulletin 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 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 Hicks Morley Hamilton Stewart Storie LLP Lorne Richmond 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? KEYNOTE ADDRESS 12:30 Networking Luncheon Bill C What It Means for Building Trades Unions Robert Blakely Director of Canadian Affairs Building & Construction Trades Department 1:30 2:00 Alcohol and Drug Testing: Is the Law Changing? Moderator/Commentator: Barb Butler President Barbara Butler & Associates Inc. David Bannon Michael C.P. McCreary Watson Jacobs McCreary

4 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 A Detailed Review of Project Agreements 3:30 Moderator/Commentator: Lee Shouldice Vice-Chair Donald K. Eady Paliare Roland Rosenberg Rothstein LLP Frederick R. von Veh Q.C. Bennett Jones LLP The scope and application of section 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 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 March 27, 2013 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

5 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 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 announced Recent Developments and Strategies in Construction Industry Grievances Laurie Kent Associate Herbert Law Mathews, Dinsdale & Clark LLP 1:45 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 Human rights developing accommodation issues in the construction industry; refusal to work Just cause standards 2:45 Networking Refreshment Break 3:00 Bill 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 Conference Ends ACCREDITATION This program has been approved by the Law Society of Upper Canada CPD for 11 substantive hours. This program also has CLE approval in jurisdictions outside of Ontario; for full details please see

6 March 26 & 27, 2013 The Old Mill Toronto 6th Biennial CONSTRUCTION LABOUR RELATIONS TOM BROWN PHONE: ext. 6135; FAX: ENROLL TODAY! Call EXT Fax tbrown@alm.com Mail: Insight Information 214 King Street West, Suite 300, Toronto, Ontario M5H 3S6 Conference Code: CNC13869 Priority Code: TB [ ] Yes! Please register the following delegate(s) (photocopy for additional delegates) Mr. [ ] Ms. [ ] Name Title: Area of practice: Company: Business Address: City: Province: Postal Code: Telephone: Type of Business: Registrant s Signature Required: Signature Registration Fee: (Includes meals, documentation and Please check your choice: Fax: #of Employees: Date, fully searchable online access to this conference s papers*) [ ] Early Bird Special (Register and pay by February 15, 2013) $1, HST ($220.35) = $1, [ ] Regular Conference Price $1, HST ($246.35) = $2, OCS members receive 10% discount off the conference price (promo code 13869OCS) [ ] I would like to order an extra copy of the conference binder (1 conference binder is included in the registration fee) $ % HST [ ] Payment enclosed. [ ] Payment to follow. (HST Reg. # RT0001) [ ] Charge to my [ ] VISA [ ] AMEX [ ] MasterCard Hotel Reservations: The Old Mill is conveniently located at 21 Old Mill Road, Bloor Street West and Humber Blvd, Toronto, Ontario. For overnight accommodation please call the Old Mill at Please ask for the Insight Information corporate rate (subject to availability). Cancellation and Refund Policy: A refund (less an administration fee of $500 plus taxes) will be made if notice of cancellation is received in writing six weeks before the event. We regret that no refund will be given after this period. A substitute delegate is welcome at any time. Special Offer: Send 4 people for the price of 3! 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 All discounts must be redeemed when booking, discounts will not be valid or applied after this time. Sponsorship Opportunities Gain additional presence and prestige in front of senior level decision makers through Insight Information s sponsorship opportunities. All of our exclusive sponsorship packages include a comprehensive suite of preferential benefits. For further details, please contact Sandra Shymanska at or sshymanska@alm.com Privacy Policy: By registering for this conference, Insight Information will send you further information relating to this event. In addition, you may receive by mail, telephone, facsimile or information regarding other relevant products and services from either Insight Information OR third parties with whom we partner. If you do not wish to receive such information from either Insight Information or third parties, please inform us by at privacy@alm.com or by telephone at Card Number: Card Holder s Name: Signature: * Please allow 2 weeks after conference for activation of login and password. Exp. Date: Date: Please Note: Full payment is required in advance of conference dates. Please make all cheques payable to Insight Information. Insight Information reserves the right to change program date, meeting place or content without further notice and assumes no liability for these changes. Copyright ALM Media Canada, Inc. All rights reserved.