The questions and answers below provide further information on
what this decision means to you and where we go from here.
The AJC is
a democratically run Association, with all of its officers elected
by the membership, pursuant to the Association's Constitution
and By-Laws.
The ACJ is
now the sole bargaining agent for all lawyers and notaries in
the Law Group. It has sole authority to negotiate with the employer
to establish the terms and conditions of employment, including
salaries and many workplace issues.
The AJC is now the certified bargaining agent for "all lawyers
in the LA group for which the Treasury Board is the employer who
are not excluded from collective bargaining by law or determination
of the Board."
Some employees are excluded from collective bargaining, under
subsection 2(1) of the Public Service Labour Relations Act (PSLRA),
including persons employed on a casual basis, persons employed
on a term basis for a period of less than three months, persons
employed in a program designated as a student employment program,
and persons who occupy managerial or confidential positions.
Yes. Although the AJC was initially created as an organization
of Justice Canada lawyers, the AJC took the position at the certification
hearing that the employer's request for a single national unit
of all legal officers should be granted, with the AJC as the bargaining
agent. The Board has now concluded that the AJC is an appropriate
bargaining agent for all federal legal officers, both inside and
outside of the Department of Justice.
In anticipation of the Board's decision, the AJC amended
its Constitution to enable it to represent counsel employed in
Justice or in any agency or corporation of the Government of Canada.
Along with amendments to certain definitions and the membership
provisions, amendments were made to increase the size of the Executive
of the Association in order to provide more effective representation.
Now that the Board has certified the AJC as bargaining agent,
the AJC has exclusive authority to bargain collectively on behalf
of employees in the bargaining unit. The AJC has given notice
to bargain to the employer, with the aim of coming up with a first
collective agreement which will be subject to ratification by
the members of the bargaining unit.
Under the PSLRA, within 20 days after this notice is given, the
AJC and the employer must meet and commence to bargain collectively
in good faith, and must make every reasonable effort to enter
into a collective agreement.
The AJC and
the employer are in the process of negotiating the terms and conditions
of our first collective agreement. This process started when the
AJC filed on May 1st, its choice of binding arbitration as a mean
of conflict resolution and the notice
to bargain on May 10th, 2006.
The first
meeting between Treasury Board and the AJC will take place on
May 31st, and negotiations will start in September or October
2006. It is impossible at this stage to determine how long these
negotiations will take.
If the AJC and the employer are unable to reach an agreement,
the AJC will avail itself of the dispute resolution processes
under the PSLRA. In particular, the AJC has no interest in resolving
bargaining differences through a strike, and will instead seek
to have impasses resolved through the use of .
Interest
arbitration is essentially a process through which an independent
board of arbitration, appointed by the PSLRB, hears submissions
from the parties and issues binding decisions. Where the parties
agree, a single member Board may be appointed. Otherwise, a tripartite
arbitration board is appointed, with a chairperson, and representatives
for the AJC and the employer.
For more information
on the PSLRB's dispute resolution mechanisms, please click
here.
The status quo. In the meantime, until 30 days have elapsed after
the day on which the Board certified the AJC, and in any event,
after the notice to bargain has been given, the terms and conditions
of employment applicable to the employees in the bargaining unit
must be continued in force. This "freeze" on the terms
and conditions of employment remains in force until a collective
agreement is reached, or an arbitral award is rendered. Note that
this freeze is not absolute, but instead refers to "business
as usual" and changes cannot be made that would not be within
the reasonable expectations of the parties. Performance pay, as
the case may be, is maintained accordingly.
Under the PSLRA, some terms and conditions of employment are not
negotiable. A collective agreement may not, directly or indirectly,
alter or eliminate any existing term or condition of employment
or establish any new term or condition of employment if
(a) doing
so would require the enactment or amendment of any legislation
by Parliament, except for the purpose of appropriating money required
for the implementation of the term or condition; or
(b) the term
or condition is one that has been or may be established under
the Public Service Employment Act, the Public Service Superannuation
Act or the Government Employees Compensation Act.
This means
that, for example, a collective agreement may not cover pension
issues, benefits payable on injury or death, the assignment of
duties, and the classification of positions.
The AJC can and will be seeking to negotiate increases to the
rates of pay, as well as improvements to working conditions and
provisions for leaves of absence.
The AJC will also be able to provide you with help for your workplace
issues, providing support and advice with respect to individual
grievances and by carrying forward group and policy grievances.
You will no longer be alone when dealing with your manager or
problems in your workplace. Where required, the AJC will provide
the legal assistance you need. The AJC's legal counsel is Sack
Goldblatt Mitchell, one of the top labour law firms in Canada.
Under the AJC's Constitution, once the Rand formula is implemented,
i.e., automatic and mandatory deduction of union dues from pay
of bargaining unit employees, the dues will be 0.75% of annual
salary. These dues will be used to fund the operating costs of
the AJC and provide services to members of the bargaining unit.
Some employees who paid dues in 2004-2006, prior to the AJC's
certification, will be entitled to a dues
holiday.
Only members can participate in the internal affairs of the AJC,
such as voting in elections and holding office. Payment of dues
does not equate to membership. To become a member of the AJC,
you must complete an Application
for Membership form. Once
your eligibility has been confirmed, you will receive an information
package and a membership card.
Please contact the AJC, and a representative
will be happy to answer your questions and/or talk confidentially
with you about your workplace concerns. If you prefer, you may
contact one of our Council Members
directly.