Construction Industry Applications for Certification – Who’s In and Who’s Out of the Bargaining Unit

• Bargaining Units Descriptions – strategic considerations in proposing a bargaining unit description in applications  for certification and/or displacement applications
• Majority of the day test – Case Law Review
• Dependent contractor test – Case Law Review
• Managerial exclusion test – Case Law Review
• Construction vs maintenance test – Case Law Review

Construction Industry Labour Relations – Common Mistakes and How to Avoid them

• Delivering an application and responding to an application (certification, grievance referrals, related/successor employer applications) – review of case law on what is and what is not good delivery, timelines for responding to applications, the importance of filing a request for hearing and notice of intent to defend/participate to grievance referrals
• Strategic considerations in responding to an application for certification – what should employers think about when preparing their response and what information should they collect in the short period they have to respond?
• Identifying Active Job Sites on the AFD – review of case law relating to attempts to add to or change list of active job sites on the AFD
• Employee lists – review of case law relating to a party’s ability to add or remove individuals from the employee list after response is filed
• Pleadings – review of case law relating to adequate/sufficient pleadings in employee status disputes, grievance referrals and related/successor employer disputes, consequences of failing to plead sufficient particulars in status disputes
• Lawful Organizing Campaign Communications – review caselaw relating to what unions and employers can lawfully say and do
• Unfair Labour Practices – permissible salesmanship vs unlawful coercion in an organizing campaign, “salting” and what to do if you discover a salt in the workplace
• Jurisdictional Disputes – when does a grievance become a jurisdictional dispute?
• Grievance referrals – when to refer to a private arbitrator vs expedited arbitration procedures under the collective agreements vs s. 133