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AUDIO
CONFERENCE
Discipline for Drug and Alcohol-Related Conduct:
The New “Hybrid” Approach - An Advanced Session
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| WHEN: |
April 12,
2007
12:30
p.m. - 2:00 p.m. EDT
Playback:
Tuesday, April 17, 3:30 p.m. - 5:00 p.m. EDT |
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| WHERE: |
Your
own office or boardroom |
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| MODERATOR: |
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Gordon Luborsky
Arbitrator/Mediator |
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| SPEAKERS: |
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Keith Murray
Employer Counsel
Harris & Company |
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Nini Jones
Union Counsel
Paliare Roland |
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ISSUES:
Balancing the employer's right to discipline workers for culpable misconduct against the employee's right to disability-based accommodation, the “hybrid” approach to disciplining workers for alcoholism and other disability-related misconduct is being adopted by arbitrators across the country. Distinguishing between culpable and non-culpable conduct, and blending treatment and correction, the "hybrid" approach represents a major advance in the law of discharge and discipline. Our panel of experts will answer your questions about the "hybrid" analysis, including:
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How is the hybrid approach different from the "traditional" disciplinary approach to addiction-related misconduct such as alcoholism or drug addiction?
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What's the difference between culpable and non-culpable conduct? What should unions and employers change in their approach to dealing with such conduct?
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What constitutes a disability for the purposes of the hybrid analysis? Is it limited to addictions? Do mental health issues, chronic illnesses count?
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What connection must be established between the disability and the misconduct for the purposes of the hybrid analysis? What constitutes a "nexus" between the employee's misconduct and the disability?
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Is the employer obligated to ask the employee if an addiction or illness is in play, before imposing discipline? Does the hybrid approach apply to cases where the employee reveals the existence of a disability only at the moment of discharge or afterwards?
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What role do mitigating/aggravating factors play in the new "hybrid" analysis?
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Can a last chance agreement satisfy the duty to accommodate in a hybrid case?
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What types of remedies are arbitrators awarding in hybrid cases?
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| Q
& A: |
Gather
your colleagues around a speakerphone in your own office or boardroom. Have the
opportunity to ask questions in the Question & Answer portions of the sessions.
An additional 15 minutes will be added at the end of the session for those who
wish to continue with Q & A. |
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| MATERIALS: |
Valuable,
up-to-date materials and case summaries will be available for downloading from
our website. |
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| REGISTRATION
FEE: |
$195,
plus GST (Registrations must be paid in advance of the audio conference).
Registration costs are per listening site/telephone, so you can have any number
of people listening at your location for one low price. Click
here for registration information. |
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| CDs: |
Audio conference CDs, including a PDF copy of the materials from the conference, are available for $175 + GST per conference ($75 + GST for registrants). Click here to order. |
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| REGISTRATION
INFORMATION: |
When
you register, you'll be given a toll-free number to dial at the time of the session
and a PIN number for access. For additional program and registration information,
call Lancaster House at 416-977-6618 or register now. |
