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This program has been accredited by the Law Society of Upper Canada towards the professional development requirement for certification.

Labour Law             5 hours

Continental Breakfast and Registration
7:30 a.m. to 8:30 a.m.

Introductory Remarks by Co-Chairs
8:30 a.m. to 8:45 a.m.

Changing economic conditions in Canada and worldwide have given rise to concern about the forecast for public sector bargaining in 2010-11. In this perennially popular session, leading economists review market conditions affecting bargaining, and industrial relations experts examine what the economic forecast means for setting bargaining agendas and predicting bargaining trends. Topics to be discussed include:

• Current Economic Climate: What accounts for the recent improvements in Ontario's economy? What has been the experience with real wage gains in 2009/10? To what extent is inflation a current threat to the economy? What impact will international developments have on the future of Canada's economy?
• Government Intervention: To what degree will further government stimulus be required? Will restraint measures imposed by the government have a real impact on the economy?
• Bargaining Priorities: What will the likely bargaining priorities be for public sector unions and employers in 2011-12?
• Impact on Bargaining: How have recent improvements in the economy impacted on public sector negotiations? How have non-union workers fared in terms of base pay increases as compared to unionized workers? What accounts for this difference? Are these trends likely to continue?
• Private Sector: How will private sector settlements influence the outcome of public sector bargaining?

On May 18, 2010, the Ontario government passed legislation that freezes wages in the non-unionized public sector. While employees who bargain compensation collectively are excluded from this new legislation, the government has stated that when contracts expire, it will expect new agreements of at least two years' duration that do not include net compensation increases. This initiative will affect more than one million workers. On August 9th, the government began a series of consultations with unions and employer groups in relation to the implementation of the wage freeze. Join Lancaster's panel of experts who will analyze the results of these consultations, and will address the following issues:

• Impact on Bargaining: What has been the reaction of unions to the Ontario government’s attempt to freeze wages? How has the threat of wage freeze legislation impacted on bargaining and arbitration in other provinces?
• Impact on Economy: Can wage restraints be justified from an economic perspective? What will be the likely longer-term impact of the government's public sector wage restraints on collective bargaining in the public sector?
• Impact vis-à-vis Private Sector: Are public sector wage freezes equitable given the increase in private sector salaries? Will they have any impact on salary determination in the private sector?
• Other Impacts: What are the likely impacts of the government's wage restraint initiative on the other issues that are brought to the bargaining table? On activities outside of bargaining?
• Impact on Charter Rights: Does the government's wage restraint initiative infringe the Charter right to freedom of association?

In recent years, restructuring has led a number of jurisdictions to consolidate bargaining units and streamline collective bargaining in the public sector. In this session, experts discuss the advantages and disadvantages of centralized and coordinated bargaining, the options for changes in bargaining structures, and the experience in different sectors in Ontario and elsewhere in Canada. Issues addressed include:

• Centralized Bargaining: What are the Ontario government’s plans for expansion of centralized bargaining in the broader public sector? What factors led to the implementation of centralized bargaining in Ontario’s education sector and what does this indicate for the likely future of centralized bargaining in other sectors? Is centralized bargaining in Ontario’s hospital sector effective? How does it work?
• Whipsaw Bargaining, Pattern-Setting Settlements: What are the implications of decentralized bargaining for collective bargaining outcomes? Whose interests are better served by single-employer settlements?
• Coordinated Bargaining: When is it in the interests of both unions and employers to promote coordinated bargaining?
• Restructuring: How has restructuring fared under legislation? Before labour boards? In collective bargaining? At arbitration? What rulings have the courts issued on whether restructuring that impacts on bargaining rights violates the freedom of association guarantee in the Charter?
• Impact on Outsourcing: Has restructuring resulted in an expansion of outsourcing in the public sector? Has outsourcing in the public sector resulted in downward pressure on wages? What has the effect been on unionization? On union bargaining structures?
• Other Jurisdictions: What lessons can be learned from experience in other jurisdictions? Has restructuring cut costs for employers? Strengthened or weakened unions? Provided more efficient service? Satisfied employees' expectations of fairness, job security, and decent working conditions?