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.