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AUDIO CONFERENCE
Grievance Arbitration: Building a better process

WHEN:

Thursday, May 7, 2009
12:30 p.m. – 2:00 p.m. EDT

Playback: Monday, May 11, 3:30 p.m. – 5:00 p.m. EDT

   
WHERE: Your own office or boardroom
   
MODERATOR:  
   

Michael Lynk

Arbitrator/Mediator

   
SPEAKERS:  
   

Peter McLellan

Employer Counsel
Stewart McKelvey

   

Jan O'Brien

Staff Representative
B.C. Government and Service Employees' Union

 

ISSUES:

Grievance procedures are often riddled with bottlenecks that impede efficiency, escalate tensions and produce suboptimal resolutions. Our panel of experts will highlight dispute resolution techniques that are designed to enhance the grievance process and improve grievance outcomes. Issues to be covered include:

  • Disclosure of information: Are employees entitled to see their personnel files and other documents in the employer's possession? Must a grievor submit to a medical examination at the employer's request? What information are parties entitled to obtain from each other, and on what terms? What information is "privileged" and therefore not subject to forced disclosure?
  • Meetings: Should notes be kept? Agreed on? A transcript? Videotape? Do employees have a right to remain silent during a disciplinary meeting or at other stages of the grievance procedure? What role should the union representative play? As an advocate? As an advisor? As an observer?
  • Timelines: Are timelines a good idea? Should they be mandatory? Which kinds of grievances should be expedited? Which should be started at a higher level? When will arbitrators extend deadlines?
  • Settlements: What conditions encourage settlement at an early stage? Why is it important for each side to send a representative with decision-making authority to the union-management meeting? How can trust be built so that grievances are discussed candidly and resolved quickly? How should settlements be documented in order to avoid future problems? Who should participate in settlement discussions? What legal effect should settlements be given?
  • Improving the grievance process: What are the advantages of getting a legal opinion on the strengths and weaknesses of your case at an early stage of the process? Should different procedures be followed for different types of grievances? Which types of grievances can be consolidated? Which should be accompanied by written briefs? Which types of grievances should receive a full-dress hearing? How can effective arbitrators be selected?
 

This Audio Conference has been approved by the Law Society of B.C. for 1.5 hours of 2009 Continuing Professional Development credits, and by the Law Society of Upper Canada for 1.5 hours towards the professional development requirement for certification.

 
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.
   
MATERIALS: Valuable, up-to-date materials and case summaries will be available for downloading from our website.
   
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.

 
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.
 
REGISTRATION INFORMATION: When you register, you'll be given a toll-free number to dial at the time of the session and an access code to join the call. For additional program and registration information, call Lancaster House at 416-977-6618 or register now.
Click here for registration information, or call
Lancaster House at 416-977-6618
 
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