Designed as a deeper learning experience for all professionals, certificates are intensive, practice-based programs taught by faculty with real-world experience.
Labour Law
Program Director
John D.R. Craig
Mathews, Dinsdale & Clark LLP and Assistant Professor, Faculty of Law, Western University
Eligible for
Two-time winner of the Canadian HR Reporter Readers’ Choice Award – preferred provider of Labour Relations Training! Find out why.
Labour Law is complex and highly technical. For the inexperienced, it can be daunting, and mistakes may have long-term implications. Whether you are an employer, employee or an advisor, it is imperative that you are able to see the big picture.
Celebrating its 12th anniversary, the Osgoode Certificate in Labour Law is an unrivalled resource for navigating this complex and challenging field – don’t miss your chance to hear from the experts from management, union and government as they address the most pressing workplace issues.
Under the guidance of our distinguished faculty, who are prominent speakers representing all perspectives, all key areas are covered in this wide-ranging and comprehensive curriculum. You will get insights, strategies and tactics to enable you to respond effectively to the problems that come across your desk.
Can’t make the date? Registration includes 120-day unlimited, online access to the recorded program.
What You’ll Learn
Overview of the statutory and regulatory regimes, including union organizing and applications for certification
Understanding collective bargaining models, rights and public vs. private sector bargaining
How to protect rights and resolve conflicts in grievance arbitration
Restructuring unionized environments
Tools and strategies for conducting workplace investigations
The law of industrial conflict, including lock-outs and back-to-work legislation
Obligations and strategies for protecting privacy in the workplace
The fallout and after-effects of COVID-19 on the workplace
Raeme Sul
Human Resources Manager, CJ Graphics Inc
“It was a great learning experience, and every presenter shared the knowledge they acquired over many years. All the presenters were great at answering our detailed questions during sessions.”
Who Should Attend
VPs, Directors and Managers of Labour Relations
VPs, Directors and Managers of Human Resources
Union Presidents, Officials, Business Agents, Stewards and Committee Members
In-House Counsel
Labour lawyers in private practice (including employment lawyers with involvement in unionized workplaces)
Labour Relations Consultants
Mediators, Arbitrators and Conciliators
Government Representatives
Faculty
Program Director
John D.R. Craig
Mathews, Dinsdale & Clark LLP and Assistant Professor, Faculty of Law, Western University
Advisory Board
Diane Gee
Labour and Employment Arbitrator and Mediator
Donald B. Jarvis
Filion Wakely Thorup Angeletti LLP
Brian G. Johnston Q.C.
Stewart McKelvey (Halifax, N.S.)
Caroline (Nini) V. Jones
Paliare Roland Rosenberg Rothstein LLP
Instructors
Keith P. Burkhardt
Sherrard Kuzz LLP
John D.R. Craig
Mathews, Dinsdale & Clark LLP and Assistant Professor, Faculty of Law, Western University
Henry Y. Dinsdale
Hicks Morley Hamilton Stewart Storie LLP
Donald K. Eady
Paliare Roland Rosenberg Rothstein LLP
Sundeep A. Gokhale
Sherrard Kuzz LLP
Anne M. Gregory
Counsel, Manitoba Nurses Union
Aminah Hanif
Cavalluzzo LLP
Donald B. Jarvis
Filion Wakely Thorup Angeletti LLP
Kiran Kang
Goldblatt Partners LLP
Michael J. Kennedy
Hicks Morley Hamilton Stewart Storie LLP
Laurie Kent
Koskie Minsky LLP
Mathias Link
Fasken Martineau DuMoulin LLP
Madeleine L.S. Loewenberg
Loewenberg Psarris Workplace Law LLP
Jacqueline J. Luksha
Hicks Morley Hamilton Stewart Storie LLP
Jodi Martin
Paliare Roland Rosenberg Rothstein LLP
Brendan McCutchen
Wright Henry LLP
John Monger
Paliare Roland Rosenberg Rothstein LLP
Joseph K. Morrison
Mathews, Dinsdale & Clark LLP
Julia M. Nanos
Hicks Morley Hamilton Stewart Storie LLP
Christopher Pigott
Fasken Martineau DuMoulin LLP
Michael S. Richards
DLA Piper (Canada) LLP
Natasha Savoline
Bernardi Human Resource Law LLP
Rhonda Shirreff
Shirreff Workplace Law Solutions
Krista Siedlak
Turnpenney Milne LLP
Agenda
Overview of the Statutory and Regulatory Regime
Main elements (e.g. certification, negotiation, contents and operations of collective agreements, termination of bargaining rights, successor rights)
Employees, independent contractors, employers and unions
Key labour law statutes
The constitutional framework
Division of powers: Federally vs. provincially-regulated employers
Union Organizing and Applications for Certification
Union density statistics: where is unionization increasing or decreasing?
Union organization in the construction sector
Unfair labour practices, including automatic certification
Remedies for unfair labour practices
Interim relief
Vote vs. card-based certification systems
Displacement applications
Termination applications
Decertification processes
Impact of COVID-19 on Labour Law
Faculty
John D.R. Craig, Mathews, Dinsdale & Clark LLP Sundeep Gokhale, Sherrard Kuzz LLP Brendan McCutchen, Wright Henry LLP Christopher Pigott, Fasken Martineau DuMoulin LLP Rhonda Shirreff, Shirreff WLS
First contract arbitration
Public sector vs. private sector bargaining
Overview of different models of collective bargaining in Ontario
Single employer/single union (e.g. university sector)
Voluntary multi-employer/union by union (e.g. hospital sector)
Central bargaining by type of employee (e.g. colleges)
Co-ordinated bargaining (e.g. emergency services)
Province-wide bargaining (e.g., construction)
The importance of pay equity in collective bargaining
The role of government in collective bargaining
When collective bargaining fails: dispute resolution models
Faculty John D.R. Craig, Mathews, Dinsdale & Clark LLP Keith P. Burkhardt, Sherrard Kuzz LLP Laurie Kent, Koskie Minsky LLP Jodi Martin, Paliare Roland Rosenberg Rothstein LLP Julia M. Nanos, Hicks Morley Hamilton Stewart Storie LLP
Overview of the grievance and arbitration system in Ontario
S. 49 of the Labour Relations Act: referral of grievance to a single arbitrator
Jurisdiction of arbitrators
S. 133 of the LRA: referral of grievances to the Ontario Labour Relations Board
Emerging models of grievance arbitration: e.g. PWU and OPG expedited systems
Litigating human rights claims at arbitration
Arbitration vs. mediation
Is the arbitration process dysfunctional? If so, what reforms are possible?
Faculty
Henry Y. Dinsdale, Hicks Morley Hamilton Stewart Storie LLP Kiran Kang, Goldblatt Partners LLP Michael J. Kennedy, Hicks Morley Hamilton Stewart Storie LLP Madeleine L.S. Loewenberg, Loewenberg Psarris Workplace Law LLP Jacqueline J. Luksha, Hicks Morley Hamilton Stewart Storie LLP John Monger, Paliare Roland Rosenberg Rothstein LLP
The role and parameters of the union in a workplace investigation
Is there a right to union representation?
What are the parameters of involvement for a union in the investigative process?
The union’s duties throughout the investigation
Best means of balancing competing interests within the bargaining unit
Role of the Ministry of Labour: the relationship between workplace and Ministry investigations
The investigative process
Tips for pre-screening complaints
Objectives of the investigation
Role of advisors
Use of experts
Role of the investigator
Preparing an investigation plan
Surveillance
Interviewing
Listening skills
How to handle difficult witnesses
The right questions
Confidentiality and privacy issues
Internal biases
Off-the-record statements
Making a finding and preparing a report
Assessing credibility
Burden of proof
Similar fact evidence
Post-investigation considerations
Remedies to consider
What if the complaint is malicious?
Preventing retaliation and further incidents
Litigation
What aspects of an investigation might an employer be ordered to produce if the issue goes to arbitration?
Faculty Anne M. Gregory, Counsel, Manitoba Nurses Union Mathias Link, Fasken Martineau DuMoulin LLP Natasha Savoline, Bernardi Human Resource Law LLP Krista Siedlak, Turnpenney Milne LLP Michael S. Richards, DLA Piper (Canada) LLP
Restructuring Unionized Environments
Sale or closure of a business
Related employers
Sale of a business involving the Crown
Sale or transfer involving employers in two different jurisdictions
The Law of Industrial Conflict
Cease-and-desist applications
Labour dispute injunctions under the Courts of Justice Act
Use of back-to-work legislation
Right to strike/lockout
Picketing: Charter protection and limits
Workplace Privacy
Origins of the right to privacy
Key workplace privacy issues today
Privacy in arbitration
Faculty John D.R. Craig, Mathews, Dinsdale & Clark LLP Donald K. Eady, Paliare Roland Rosenberg Rothstein LLP Aminah Hanif, Cavalluzzo LLP Donald B. Jarvis, Filion Wakely Thorup Angeletti LLP Joseph K. Morrison, Mathews, Dinsdale & Clark LLP
Newly licensed regulated professionals within the past 2 years receive 50% off the regular program fee.
Time
March 7, 2023
9:00 a.m – 4:30 p.m (ET)
March 21, 2023
9:00 a.m – 4:30 p.m (ET)
March 28, 2023
9:00 a.m – 4:30 p.m (ET)
April 4, 2023
9:00 a.m – 4:30 p.m (ET)
April 18, 2023
9:00 a.m – 4:30 p.m (ET)
Substitution of registrants is permitted at any time. If you are unable to find a substitute, a full refund is available if a cancellation request is received in writing 21 days prior to the program date. If a cancellation request is made with less than 21 days notice, a $150.00 administration fee will apply. No other refund is available.
As law evolves, we know how important it is to stay up to date. We also understand the financial implications of continuously upgrading your professional skills and knowledge. For more information on available options, including Job Grants, OSAP, please visit:
Health, Safety & Environmental Manager, Archer Daniels Midland Company
“This is a very well-presented program which not only provides a high- level overview of labour law fundamentals but also allows you to interact with expert professionals who “live” in this sector. I recommend the program to anyone who deals with labour challenges on a daily basis. A big thank you to John Craig and all of the wonderful speakers over the weeks, a fantastic job. I look forward to future Osgoode programs.”
Certificate Requirements
To receive an Osgoode Certificate, you must complete all program modules, and successfully complete an online assessment within 30 days of the last module.
CPD and Accreditation
OsgoodePD is an accredited provider with the LSO, the Law Society of BC and NY CLE Board. Select your location to view the eligible hours you may claim.
Are you a law graduate or an executive/senior professional with at least 5 years of specialized experience? Consider a full-time or part-time LLM degree.
Labour Relations and Employment Law
Students typically complete the LLM in two years (6 terms).
Do you have an LLB/JD? Consider taking a single LLM course for deeper learning in a specific area of practice – all credits will apply towards a Professional LLM.
Many of our programs include 120-day unlimited, online access to view the recorded program. See the program page or brochure to find out if the program you’re interested in includes this access. If you need more time to view the content, or have questions about the access, please email: OPDSupport@osgoode.yorku.ca.
Our programs are typically offered once annually, around the same time each year; however, there are a few exceptions where certain programs are offered multiple times throughout the year (i.e. The Certificate in Adjudication). To receive updates on all our new and upcoming program offerings, please click here to subscribe to our email list.
If the program includes access to the recording, you will have unlimited online access to the recorded content for 120-days from the end date of the program.
Access is only for the registered delegate. In the event of misuse, access can be revoked.
A selection of our Certificates are eligible for OSAP funding.
Please note the following exceptions that may affect OSAP funding eligibility for our certificates:
Students receiving Second Career funding for a micro-credential during their study period are ineligible;
Although grants will not be converted to loans, a grant may become repayable if a student withdraws, is determined to be overpaid in grant funding, or income cannot be verified within one year;
A student cannot receive OSAP for micro-credential assistance for their study period if it overlaps with another micro-credential study period in which they are concurrently receiving OSAP for micro-credential funding. However, students may overlap their micro-credential study period with a study period that is part of a different full- or part-time program that they are concurrently receiving funding for through Full-Time OSAP or Part-Time OSAP, provided that OSAP funding was not assessed for the micro-credential course(s) through a Full-Time or Part-Time OSAP application.
Job Grants
The Canada-Ontario Job grant may be applicable to employers seeking to train their staff. To find out if your organization is eligible for the grant and the program you wish to enrol in qualifies, visit: The MTCU Canada-Ontario Job Grant page
CPD hours for each program can be found on the program web page and program brochure. For questions regarding CPD hours, please email cpd@osgoode.yorku.ca
A limited amount of financial assistance is available for OsgoodePD Programs unless specific bursary information appears on the program page/program brochure. Head to our Financial Assistance page for more information.
Yes. We do offer group rates on our programs. Please visit our group rate page for more information. Some exceptions apply, and rates are subject to change.
Once a program reaches capacity, a wait list will be created. This does not guarantee your registration, however it places you on the priority list. If any spot opens, you will be notified via email or phone.
If you are not able to formally register in the program, you will be able to register for the next offering before registration formally opens.
Our Continuing Legal Education (CLE) programs, ranging from one-hour briefings to more intensive certificate programs, are for all professionals. There are no general prerequisites for these programs; however, individual programs often have specific requirements to register. These are noted on individual program pages and .pdf brochures.
