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In this session, experts will face off in a series of debates on four key policy issues in labour law. You will be given an opportunity to review your opinions with colleagues at your table, then vote on each issue after hearing the debate.

• Resolved: Random drug testing should be allowed in safety-sensitive workplaces.
• Resolved: Employers should be prohibited from closing a workplace in order to avoid a union.
• Resolved: First contract, and successive contract, arbitration on either party's request should be adopted.
• Resolved: Names of parties in published arbitration decisions should be anonymized.

Medical evidence is frequently a key aspect of arbitration proceedings. In this session, counsel and a medical doctor will examine the difficult issues surrounding the introduction of medical information at arbitration hearings, including employee privacy rights, procedural fairness, and the reliability of expert evidence. The panel will discuss how to deal with medical evidence throughout the arbitration process. Specific topics to be addressed include:

• Expert Medical Evidence: What are the issues around expert medical evidence at arbitration hearings? How can it be proven that an expert medical witness is properly qualified? How can the parties determine whether the evidence tendered by an expert witness is beyond his or her area of expertise? Can expert psychiatric evidence be used at arbitration to challenge or bolster a witness's credibility, for example where the witness is mentally ill?
• Medical Experts: What is the role of a medical expert at hearings? How can you effectively utilize medical experts? What can the medical expert contribute?
• Medical Examinations: Do arbitrators have jurisdiction to order that a grievor undergo a medical examination? Are there any limits on this jurisdiction?
• Pre-hearing Production of Medical Information: What pre-hearing issues arise when dealing with medical evidence?

Electronic data has come to play a pivotal role in a growing number of arbitration cases as a result of the digitization of information and the increasing use of e-mail, cell phones and the internet at both work and home. This panel seeks to identify the unique issues that confront arbitrators and counsel in dealing with electronic evidence in arbitration hearings. Specific topics to be discussed include:

• The Difference Between Electronic Evidence and Paper: What impact have rapid technological developments had on the nature of evidence?
• Identifying Electronic Data: How do workplace parties confront the challenge of identifying and understanding electronic evidence?
• Using Digital Information at Arbitration: How do parties present digital data effectively at an arbitration hearing?
• Information Gathered from Outside the Workplace: How can workplace parties deal with digital data that is not within the control of the employer, for example blogs, Twitter, Facebook, personal websites, Blackberries, etc.?

Canadians are increasingly recognizing bullying, harassment and threats of violence as major problems in the workplace. Employers, employees and unions alike are uncertain of how to effectively address harassment and bullying in accordance with the collective agreement and various employment-related statutes, including labour relations, privacy, health and safety and human rights legislation. In this panel, expert practitioners and consultants will discuss strategies to prevent and contain workplace conflict. Topics include:

• Legislated and Collective Agreement Duties: What duties do the workplace parties have, with respect to bullying and harassment, under legislation and collective agreements?
• Preventing Workplace Harassment and Violence: What are the obligations of the workplace parties with respect to violence prevention in the workplace? What measures should anti-violence/harassment policies contain? What training must employers provide to employees to ensure they understand their rights and obligations under these policies?
• Responding to Incidents: What are best practices for the parties' response when harassment or workplace violence is suspected or has occurred? What solutions can be implemented to address the problems that workplace harassment and violence cause?
• Domestic Violence: When do domestic violence issues become workplace issues? Does the involvement of non-employees create unique challenges?

As a result of a series of landmark Supreme Court decisions, arbitrators have the authority to interpret and apply general law and statutes, such as human rights and employment standards legislation, even if the collective agreement is silent on these subjects. However, there is still uncertainty about who decides what, and how far outside the four corners of the collective agreement an arbitrator's jurisdiction may extend. This panel will examine the developments in this challenging area of arbitration and will address the following issues:

• Human Rights and Employment-Related Statutes: What is an employment-related statute? Can arbitrators apply and interpret parts of statutes that are employment-related? When arbitrators apply human rights legislation and other employment-related statutes, is their jurisdiction exclusive or concurrent? Can the parties limit the arbitrator's jurisdiction through collective agreement provisions?
• Harassment and Assault: Can an arbitrator take jurisdiction with respect to a workplace violence or harassment issue? Is occupational health and safety legislation incorporated into collective agreements?
• Defamation and Other Torts: When will defamation and other tort claims be arbitrable? Does an arbitrator have jurisdiction to decide such claims made by one employee against another employee or by the company against an employee?
• Remedies: What is the scope of an arbitrator's jurisdiction to award statutory remedies in relation to employment-related statutory breaches?

In Canada, there is a growing focus on access and privacy rights in the workplace. Unions and employers must be mindful of their obligations under the collective agreement and their concurrent obligations under privacy laws. In this session, topics to be discussed include:

• Limits to Disclosure: What personal information can employers disclose to the union? What can be disclosed to or by third parties? When is employee consent required?
• Understanding Privacy Rights in Worker Accommodations: How do privacy rights affect the accommodation process?
• Arbitral Jurisdiction: What is the scope of an arbitrator's jurisdiction to interpret and apply privacy legislation?
• Arbitration Hearings: What is the impact of the evolving understanding of privacy legislation on the grievance and arbitration process? Do privacy rights make the processes more complex?
• Privacy in Hiring and Job Selection: How does privacy affect the hiring and job selection process? Is personal information considered private if it is available to the public – e.g. if it is posted on a public website?

In this session, a panel of experienced labour arbitrators will share insights on what they expect from the parties at arbitration. The panel will further explore the role that arbitrators perceive themselves as playing, compared with the role the parties themselves expect them to play. The panelists will offer their views on topics such as:

• What do arbitrators want from counsel? What should counsel expect from arbitrators?
• What tips will help the advocate to prepare the case? What works and what does not work in convincing an arbitrator?
• Does the arbitrator have a role in mediating disputes? At what point should the arbitrator step in?
• Is arbitration a private dispute resolution mechanism or has it become a public process? What impact has this had on the writing of awards?
• How can the parties make an arbitration hearing more effective?