November 6-7, 2017 The Old Mill Hotel and Spa Toronto, ON

Transcription

1 November 6-7, 2017 The Old Mill Hotel and Spa Toronto, ON Discover the Latest Important Developments that every Construction Company and Union Need to Know Supporting Partners construction Meeting Your Evolving Information Needs with Executive Development Conferences

2 About Conference Co-Chairs If contractors and unions in the construction industry need to attend one event to stay up-to-date with the latest developments in their industry, this is it! Our previous seven Construction Labour Relations conference have been highly successful, providing 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 construction labour relations. They will highlight practical lessons that can be learned from concerns that have arisen recently. You will gain valuable insights, practical tips and excellent reference papers for the future. We examine all of the latest issues from what will happen in the workplace with the legalization of marijuana, the use of project agreements to discipline, discharge and layoff, including at the insistence of a Third Party. CLE Accreditation This program has been approved by the Law Society of Upper Canada CPD for substantive hours. Please note that these CPD hours are not accredited for the New Member Requirement. This program also has CLE approval in jurisdictions outside of Ontario; please see website for full details. This course has been accredited by The National Gold Seal Committee (2 SICS). This program has been approved by Law Society of Saskatchewan CPD for substantive hours. Richard J. Charney Global Head of Employment & Labour Norton Rose Fulbright Canada LLP Alan M. Minsky, Q.C Partner Koskie, Minsky Conference Highlights Facing the Newest Challenges of Marijuana in the Workplace The New Era of Workplace Drug & Alcohol Testing How New Developments at the College of Trades will affect both management and unions The Newest Developments in Discipline and Discharge in the Workplace Understanding the impact of Bill 148: Ontario s Fair Workplaces, Better Jobs Act of 2017 The Critical Difference Between Construction vs. Maintenance and why it matters Why the constitutional challenge brought by Govan Brown is significant SPONSORSHIP OPPORTUNITIES: For further details, please contact John He at or jhe@alm.com 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.

3 Agenda MONDAY, NOVEMBER 6, :00 Registration and Continental Breakfast 8:45 Welcome Remarks by Insight Information 8:50 Co-Chairs Opening Remarks 9:00 Facing the Newest Challenges of Marijuana in the Workplace Dr. Melissa Snider-Alter Chief Medical Review Officer DriverCheck Inc. The federal government s plan to legalize marijuana will affect the construction workplace as never before. Both employers and unions are scrambling to figure out how to adapt to the changes which will raise a whole new set of challenges in the workplace. In this dynamic presentation, hear one of the leading experts in the field set out the latest problems and how to adapt to them. Discover: A complete update on alcohol and other drugs; current medication challenges The current situation for medical and legal marijuana What is the impact of legalizing marijuana on the construction industry? Implications for employers: steps to consider going forward What to cover in your policies and procedures 9:45 The New Era of Workplace Drug & Alcohol Testing Richard J. Charney Global Head of Employment & Labour Norton Rose Fulbright Canada LLP Michael C.P. McCreary Partner, Watson Jacobs McCreary LLP Hear two leading employment lawyers one for management and the other for unions discuss their perspectives on alcohol and drug testing in the construction industry. As well, gain the practical perspectives from both management and unions and how they plan to deal with it. You will learn: What is the perspective of employers on A & D testing? How do unions see it? How does the legalization of marijuana affect the workplace? Dealing with the duty to accommodate with users of medical marijuana What is the current law for A & D testing? How both unions and employers can work together to implement policies for A & D testing What is the latest situation with drug detection dogs? What are the best practices in alcohol and drug policy development and implementation There will be a 10 minute Q & A session 10:45 Networking Refreshment Break 11:00 Effective Anti-Harassment Programs and Investigations for the Construction Site Carl W. Peterson Partner, Filion Wakely Thorup Angeletti LLP James Robbins Partner, Cavalluzzo LLP Violence and harassment in a workplace can be devastating. It affects not only those who are targeted, but also co-workers and other bystanders to mention nothing of morale. In this session, hear from two experienced counsel who will review both Ontario and federal requirements for addressing workplace violence and harassment. You will learn how to: Draft workplace violence and harassment policies to comply with the law Develop suitable violence and harassment programs Communicate your policies to the employees Dealing with workplace Indecencies and Indiscretions Properly conduct a far investigation Prepare credible investigation reports 11:45 How the New Developments at the Ontario College of Trades will affect both Management and Unions: Hear from the Experts Every union and construction company needs to be aware of the most recent changes in the Ontario College of Trades. Compliance and enforcement measures have changed. Notable changes have been made to the court procedures that must be used by management and unions alike. In this discussion, learn about those changes from the perspective of the CEO of the college as well as a management and union lawyer who will discuss: The changes which came about as a result of the Dean Report What are the practical implications of the changes for unions and management? What are the new requirements of the changes? There OLRB s new jurisdiction to hear applications for review of notices of contravention of the statute and how do they work? What strategies can be deployed by management and unions to comply and yet benefit from the changes? Moderator: Pat Blackwood Chair, Ontario College of Trades Panel: Lorne Richmond Partner, Goldblatt Partners LLP Scott G. Thompson Partner, Hicks Morley 12:30 Networking Luncheon 1:30 Luncheon Address Bernie Fishbein Chairman, Ontario Labour Relations Board 2:15 The Newest Trends and Developments in Jurisdictional and Sector Disputes Walter Thornton Partner, Mathews Dinsdale Clark LLP Douglas Wray Partner, CaleyWray Jurisdictional and sector disputes have played a large role in construction work. In this session hear from both union and management lawyers as well as the OLRB, who will discuss: What is involved in a jurisdictional dispute? And a sector dispute? Who is involved? Who should participate? Are sector disputes relevant to jurisdictional disputes? The best strategies for both management and unions to deploy in these disputes

4 Agenda How to expedite a dispute What to expect and how to proceed Should the Board take a more active role? There will be a 10 minute Q & A session 3:15 Networking Refreshment Break 3:30 The Newest Developments in Discipline and Discharge in the Construction Industry Daniel R. McDonald Partner, Norton Rose Fulbright Canada LLP Graham Williamson Senior Legal Counsel Labourers International Union of North America, Local 183 Sometimes, it happens: employees get disciplined or charged. And sometimes this happens: a third party will insist that an employee of yours must be disciplined, discharged or laid off. What can you do in either or both situations? And what can the union do? In this session, learn: What are the very newest developments in discipline and discharge in he construction industry? Breaches of the OHRC in the context of dismissal/discipline in the construction industry The importance of Stewart v. Elk Valley Coal Corporation by the Supreme Court of Canada on June 15, 2017 What are the strategies by which management and unions should protect their interests What are the standards of just cause? Is a layoff at the insistence of a third party/defensible? When and under what circumstances can a third party insist on disciplining or terminating one of your employees? What are the consequences to the employer, contractor, employee and union? What should an employer do? And how can the union protect the employee and just where is the balance of rights? What is the obligation to assign alternate work? 4:15 What are the Obligations and Best Practices for Management and Unions in Workplace Safety? Ryan J. Conlin Jim Vlahos Executive Director, General Contractors Section, Toronto Workplace safety is a critical issue on every construction site. Any number of things can happen and both unions and management can work together to prevent any unnecessary problems. But the risk is real. In this session, discover: Who has the legal responsibility for workplace accidents? What are the obligations of both management and unions in respect to safety regulations? What exactly are the standards of workplace safety? What can unions and management do to work together in ensuring workplace safety? The recent and significant cases relating to workplace health and safety and how they are significant for both management and unions What are the duties and obligations by management and unions in an investigation? Dealing with a workplace safety investigation 5:00 Conference Concludes for Day One TUESDAY, NOVEMBER 7, :00 Registration and Continental Breakfast 8:30 Co-Chairs Opening Remarks 8:45 When and Why Do You Need a Project Agreement and How Effective Is It? In this session, learn all about project agreements and how they can benefit owners, contractors and unions. A leading union labour lawyer, a management representative and a union representative will discuss: The advantages and benefits of project agreements for owners, contractors and unions What s in the law? An overview of significant cases regarding project agreements and its implications for the industry Why project agreement are important for unions What should be included in the agreement? How does it protect the parties? The various bargaining agents and provincial agreements that will impact the construction project Moderator: Lee Shouldice Panel: Pat Dillon Business manager and Secretary Treasurer Provincial Building & Construction Trades Council of Ontario Alan M. Minsky, Q.C. Partner, Koskie, Minsky Andy Pilat General Manager, Sarnia Construction Association There will be a 10 minute Q & A Session 9:45 The Critical Difference between Construction vs. Maintenance and Why it Matters Robert Gibson Partner, Gibson & Barnes LLP Michael McFadden Vice-Chair, Ontario Labour Relations Board In the construction industry, the difference between construction and maintenance can be critical. In a review and discussion of the established terms, learn: Why the distinction is so important Why does it make such a difference? How the designation of construction affects management and unions What are some of the common misconceptions of the scope of the term maintenance? What are the legal ramifications of construction vs. maintenance 10:30 Networking Refreshment Break

5 Agenda 10:45 The Economic Outlook for Construction in Ontario in 2018 Katherine Jacobs Director of Research, Ontario Construction Secretariat Each year, the Ontario Construction Secretariat conducts an annual Construction Confidence Survey, which measures the overall health of Ontario s construction economy and the industry s outlook for the coming year. In this presentation, learn: What the Construction Confidence Indictor reveals The confidence scores in various areas of the province Industry outlook in 2017 compared to 2016 and the prospects for 2018 The sector outlook: where is the construction growth? The Trump Effect on construction in Ontario Why the Trump Effect is particularly acute in the Windsor/Sarnia area How Ontario s economy will affect the construction industry in :15 Why are Human Rights Laws So Important in the Construction Workplace? Moderator: Diane Gee Mediator & Arbitrator Former Interim Chair, Alternate Chair and Vice-Chair Ontario Labour Relations Board Panel: Laurie Kent Partner, Koskie Minsky LLP Keith P. Burkhardt Partner, Sherrad Kuzz LLP Human rights play an important role in the construction workplace. Without the right knowledge, both employers and unions are walking into a danger zone. Discover what s involved and get up-to-date with practical advice from two leading lawyers in the field: What are the basic human rights laws for construction industry employers? What are the guidelines from the Ontario Human Rights Commission? What is the employer s duty to accommodate and when does it become an undue hardship? How to manage employees with illnesses or WSIB injuries and, at the same time navigate the accommodation process Dealing with medical marijuana and mental health What are the obligations and liabilities of the union? There will be a 10 minute Q & A session 12:15 Networking Luncheon 1:15 Construction Certification and the Application Date: Everything You Need to Know Craig Flood Managing Partner, Koskie Minsky LLP Certification applications are currently determined in the construction industry based on the employee count on the date of the application. There are some valid reasons for this statutory law, but it has recently faced a constitutional challenge in a significant case, Govan Brown v. LIUNA. Hear from one of the lawyers arguing the case and understand what led to this challenge and how it can affect you. Discover: What is the historical rationale for the date of application test? Why is the construction industry different? Is this fair? Or is this arbitrary? Is this a violation of the Charter of Rights and Freedoms? What led to the constitutional challenge? Where does it now stand? 1:45 Meet Bill 148: Ontario s Fair Workplaces, Better Jobs Act, 2017 C. Michael Mitchell Principal, C. Michael Mitchell Professional Arbitration and Mediation Services On June 1, 2017, the Ontario government introduced Bill 148, the Fair Workplaces, Better Jobs Act, When it is passed, it would introduce a range of changes to both the Employment Standards Act and the Labour Relations Act. All construction employers and unions need to be aware of what the government has introduced. In this session, learn about how those changes will affect your company and your union from one of the authors who conducted the study, The Changing Workplace Review, which led to the legislation. You will discover: What exactly has the government done with this legislation? What are its key provisions? How does it affect the construction industry? The new provisions for public holiday pay, personal emergency leaves and other leaves of absence The new rules that prohibit the misclassification of employees Why the legislation is so important to understand 2:30 Network Refreshment Break 2:45 Lessons Learned from Significant New Arbitration Decisions Donald K. Eady Partner, Paliare Roland Rosenberg LLP Jeff Murray If you whether you be a union or management representative are not up-to-date on the latest arbitration rulings, you will be at a severe disadvantage. Knowing those new rulings and how they affect you is critically important. In this session, hear two lawyers representing both labour and management as they discuss the very latest decisions affecting the industry. You will walk away with all the new arbitration developments that you need to know to effectively understand your rights. 3:30 What are the Legal Boundaries for Unions in an Organizing Drive? Craig Morrison Partner, McMahon Morrison Watts LLP Stephen McArthur Partner, Mathews Dinsdale & Clark LLP How far can a union go in undertaking an organizing drive? Just how much can they do and what are the limits? And how should management respond effectively but legally to deal with organizing drives in their companies. Hear two points of view one from management and the other from a union as they go through the tips, traps and techniques of these drives. 4:15 Co-Chairs Closing Remarks 4:30 The Conference Concludes

6 Speakers Pat Blackwood Chair, Ontario College of Trades Keith P. Burkhardt Partner, Sherrad Kuzz LLP Richard J. Charney Global Head of Employment & Labour Norton Rose Fulbright Canada LLP Ryan J. Conlin Pat Dillon Business Manager and Secretary Treasurer Provincial Building & Construction Trades Council of Ontario Donald K. Eady Partner, Paliare Roland Rosenberg LLP Bernie Fishbein Chairman, Ontario Labour Relations Board Craig Flood Managing Partner, Koskie Minsky LLP Diane Gee Mediator & Arbitrator Former Interim Chair, Alternate Chair and Vice-Chair Ontario Labour Relations Board Robert Gibson Partner, Gibson & Barnes LLP Katherine Jacobs Director of Research, Ontario Construction Secretariat Laurie Kent Partner, Koskie Minsky LLP Steven McArthur Partner, Mathews Hinsdale & Clark LLP Michael C.P. McCreary Partner, Watson Jacobs McCreary LLP Daniel R. McDonald Partner Norton Rose Fulbright Canada LLP Michael McFadden David McKee Michael McFadden Vice-Chair, Ontario Labour Relations Board Alan M. Minsky Partner, Koskie, Minsky C. Michael Mitchell Principal C. Michael Mitchell Professional Arbitration and Mediation Services Craig Morrison Partner, McMahon Morrison Watts LLP Jeff Murray Carl W. Peterson Partner, Filion Wakely Thorup Angeletti LLP Andy Pilat General Manager, Sarnia Construction Association Lorne Richmond Partner, Goldblatt Partners LLP James Robbins Partner, Cavalluzzo LLP Scott G. Thompson Partner, Hicks Morley LLP Lee Shouldice Dr. Melissa Snider-Alter Chief Medical Review Officer, DriverCheck Inc. Jim Vlahos Executive Director General Contractors Section, Toronto Graham Williamson Senior Legal Counsel Labourer s International Union of North America, Local 183 Douglas Wray Partner, CaleyWray Registration All prices are subject to HST. *Applies to Standard Registration only. Cannot be combined with any other discount offer Public Sector, Associations & Aboriginal Groups SAVE $300 with Special Discount Offer $1695 Standard Registration $1995 SUPER PASS *Register 3 delegates for the price of 2 Contact Peter Strickland Tel: pstrickland@alm.com REGISTER ONLINE: VENUE The Old Mill Hotel and Spa 21 Old Mill Rd Etobicoke, ON M8X 1G5 Tel: Insight Information reserves the right to change program date, meeting place or content without further notice and assumes no liability for these changes. CANCELLATION AND REFUND POLICY A refund (less an administration fee of $500 plus taxes) will be given 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. 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 cs@alm.com or by telephone at Conference Code: CNC Copyright ALM Media Canada, Inc. All rights reserved.