Victory at Arbitration 2024

The Business of Running a Union

• As a union grows in membership and assets, the stakes become higher for the democratic, fair, and competent conduct of its internal affairs. This session will cover:
  • Structure. Tips and best practices for constitutions and bylaws
  • Finances. Alternative structures to hold and protect assets and spending funds efficiently while complying with tax requirements.
  • Keeping members happy. Preventing and responding to member complaints.
  • Privacy. Impact of recent legal decisions in the internal privacy obligations of unions.

Non-Disclosure Agreements in the Contemporary Moment

• Non-Disclosure Agreements (NDAs) are under increased scrutiny especially in cases of harassment or abuse. Learn what NDAs are and the implications of including an NDA in a settlement agreement. The panel will also discuss alternatives and what the law says about them.

Back to Basics: Employer Investigations

• The panel will address workplace investigations imposed by an employer for employer purposes and investigations carried out by a neutral third party for both union and employer on a mutually agreed basis. Bullying and harassment complaints will be used as case studies to explore these two types of investigations.

BC Code Review: Submissions and Results

• This year the BC government convened a panel to hear from stakeholders in the labour relations community and make recommendations to the Minister on potential amendments to the Code. This panel will discuss key issues that were raised including, digital picketing, strikes, and gig work and review the panels’ final recommendations

Victory at Arbitration 2023

Notable and Impactful Cases 2023

• A review of significant cases of the previous year and implications for Unions and their members.

Arbitration Strategies: Interviewing Witnesses and Grievors Effectively

• Witnesses and their evidence are critical for success at arbitration.
• Walk through the process of selecting, approaching and interviewing witnesses, and moving forward towards arbitration, while highlighting important practical and ethical considerations.

Trends in Pensions and Benefits: DB Plans & Discrimination

• Recent trends and legal developments in the realm of pensions and benefits for Unions, including the revival of defined benefit plans and issues of discrimination.

Job Actions and Picketing

• Panel discussion of law and strategy to consider when striking, picketing, or taking other forms of job action.

Privilege of Union Communications

Privilege of Union communications shapes what can be shared with management, with members, or relied on at arbitration or in other legal forums.

• Panel examined privilege from a range of perspectives, including external and in-house counsel, and an adjudicator.
• Discussion included the types of privilege, their scope and limits, and the related topic of confidentiality.

Victory at Arbitration 2022

New and Improved! Updating the BC and Canada Labour Code

The Canada and BC Labour Codes recently changed to include paid sick leave, new stat holidays, personal leave, and card based certification. The Panel:

• Explained how and why the changes were made.
• Reviewed how arbitrators are implementing the new provisions.
• Discussed bargaining and grievance approaches for your members to receive these benefits.

Trauma-Informed Representation for Unions

• Introduction to trauma-informed practices you can bring to your work to promote physical, psychological and emotional safety. With guest speaker, counsellor and trauma-informed practice trainer Monica Bhatara, this session provided an overview of trauma, its signs and symptoms, and practical advice for supporting your members.

Recent & Notable Cases 2022

• A review of the top cases of the previous year and a discussion of the importance of these cases for Unions and their members.

Back to Basics: Grievances

Do you find that your experience with the grievance arbitration process is frustrating and subject to delays and expense which makes you wonder whether the process is worthwhile? This session provided suggestions on how to make the system work, from the perspective of over 50 years of experience. Topics included:

• What should be included or left out when initiating a grievance
• Reducing delays in processing the grievance
• Methods to ensure that arbitration occurs within an acceptable time frame
• Reducing the costs of arbitrations

Privacy Rights and Obligations

• Exploration of the various privacy issues that affect unions and their members, including Employer refusal to disclose personal information about members to unions, Employer breach of employee privacy, the role of unions as custodians of personal information and application of privacy legislation.

Victory at Arbitration 2021

Freedom of Expression in theWorkplace

• Discussion of freedom of expression issues arising in the workplace.

The Ins and Outs of Representing Members in Investigation Meetings

• Learn how to prepare and guide members through investigation meetings in various forums, both in person and on virtual platforms.

Medical in the Workplace: Drug Testing and IMEs

• An update on the law of drug testing and IMEs.

Recent and Notable Cases 2021

• A review of significant legal developments since VAA 2020.

Return to the Workplace: Accommodation and Benefits

• A hopeful, post-pandemic review of employer obligations during a return to work and working from home, including accommodation of family status and disabilities, as well as a review of related benefits issues.

Victory at Arbitration 2020

Back to Basics, Organizing 101

• An introduction / refresher session outlining the certification process and foundational labour case law

Recent and Notable Cases 2020

• A review of significant legal developments since VAA 2019.

Pension and Benefits

• An update on pension and benefits matters with emphasis on the implications of COVID-19.

The BC Human Rights Tribunal from Start to Finish

• Learn how to gather information, frame your complaint and prepare for a hearing;
• Understand the jurisdiction of an arbitrator to deal with Human Rights complaints and how to pick the right forum
• Know the risks that a Union faces from complaints from members

Victory at Arbitration 2019

Emerging Issues in Gender Identity 

• Legal update on recent cases involving gender identity and expression
• Best practices for union to be inclusive of people of all gender identities (and avoid discrimination complaints)
• Pushing boundaries in advocacy for trans, nonbinary, two spirit and gender variant members

Sex, Drugs and Rock and Roll: When is the Duty to Accommodate Engaged?

• A discussion of the line between recognized disorders, recreational behaviour and personality conflicts
• A review of how zero tolerance policies on Cannabis or other drugs are treated in the case law
• Helpful tips on representing members before and during the accommodation process

Updates to Labour Relations Code and Employment Standards Act

• An analysis and review of the changing legal landscape and what it means for Unions and their members

Too Old for Benefits? Human Rights and the Duty to Accommodate

• Review of the legislation, human rights and Charter issues surrounding policies terminating disability, dental, life insurance and extended health benefit coverage for workers over 65
• Many provinces’ human rights codes allow benefits to be cut off at 65, provided it is part of a bona fide pension or benefit plan
  • New law out of Ontario says that this is contrary to section 15 of the Charter; but what’s the status of these policies in BC?

Addressing Workplace Harassment and Violence

• A review of the changing landscape of legal issues
• Exploring the dividing line between zealous supervision and worker harassment
• Understanding how employers, insurers, and Worksafe require workers to prove harassment causes illnesses
• What unions and employers must do to create effective (and soon to be required) harassment and violence prevention programs

Review of Recent and Notable Labour Law Cases

• A review of the top cases of the previous year
• A discussion of the importance of these cases for Unions and their members
• Reflections on 39 years in Labour Law
• Reflections on the highlights and lowlights of four decades of representing unions and their members