Canadian Labour Board Law Conference (Oct 21)
Panel 1 – Collective Bargaining in Survival Mode: The impact of government restrictions on the right to strike
9:00 AM - 10:15 AM
Panel Summary: A number of cases have come before the Supreme Court of Canada challenging the constitutionality of government intervention in collective bargaining. The most important of these challenges raises the issue of whether freedom of association protects the right to strike. Questions include:
- Will the Court uphold legislation that limits the choice of bargaining agent?
- Will the Court find that, in certain circumstances, wage-restraint legislation violates the Charter?
- Will the Court strike down legislation that imposes restrictive criteria on interest arbitration?
- Will the Court recognize a constitutional right to strike?
- Will the Court prevent legislatures from enacting ad hoc back-to-work legislation to end strikes that have solely an economic impact?
- Will the Court limit the designation by the government of services to those that would endanger the life, health or personal safety of Canadians?
- Will the Court uphold legislation that allows government to decide what services are essential, how many employees are required to work, and what level of limitation on the right to strike will trigger access to arbitration?
Join a panel of Lancaster's experts as they discuss recent cases and their implications for the future of labour relations in Canada.
Panel 2 – The Future of Second Guessing: Have the courts gone too far in judicial review? 10:45 AM - 12:00 PM
Panel Summary: This panel will discuss whether there is in fact a trend towards increased intervention in labour board decisions by courts across the country. On what basis will courts now overturn the decisions of labour boards? Will they scrutinize certain matters more rigorously than others? What kinds of decisions are more susceptible to review? Less susceptible? Are courts "retrying" factual determinations? When will courts find a labour board's reasons for a decision to be inadequate? Board members and seasoned counsel will discuss these and other questions relating to judicial review.
Panel 3 – Rewriting the Rule Book: An interactive session on options for streamlining Labour Board procedures 1:00 PM - 2:30 PM
Panel Summary: How far should labour boards go in order to encourage early resolution and expedite hearings? How can they balance the need for efficiency against increasing pressure to follow court-like procedures? Questions include:
- Should labour board adjudicators and staff engage in mediation before a complaint goes to hearing?
- Should hearings be recorded?
- Should a stricter approach be taken when setting dates to guard against unnecessary delay?
- What policies should be put in place to ensure decisions are given in a timely manner?
- Should more "bottom line" decisions be issued, with reasons to follow?
- Should more cases be conducted using summary hearing procedures?
- Should labour board panels take a more interventionist role in managing the presentation of cases?
These and other critical questions regarding current labour board practices will be addressed in an interactive session led by a panel of experts from across Canada.
Panel 4 – Major Caselaw and Legislative Update 2:45 PM - 4:00 PM
Panel Summary: In this session experienced counsel will explain how some of the most important arbitration, court and tribunal decisions of the past year will change the law and affect the way you make decisions. Our panelists will also provide guidance on adapting to legislative and regulatory changes to the law. Final selection of cases and legislation for this session will take place a few weeks before the conference to ensure up-to-date coverage.