In a recent decision, the Public Service Labour Relations and Employment Board allowed a complaint filed by the Public Service Alliance of Canada, alleging that the government had interfered with the union’s administration and its representation of members during collective bargaining. The complaint was filed after Treasury Board refused to permit a union negotiator to conduct walkthroughs of various worksites, and hold on-site meetings with members to discuss bargaining issues.

PSAC had filed a similar complaint in the last round of collective bargaining, which was also allowed by the Board. The Board had found the employer’s refusal to grant the union access to the worksite to violate the Public Service Labour Relations Act, and the Board ordered the employer to cease denying access in the absence of a compelling and justifiable business purpose.

In the more recent complaint, PSAC complained again that the employer was denying access to the worksite without any business justification; instead, the employer was simply relying on its property rights, and the limited rights of the union to enter the employer’s premises in the Collective Agreement. The union argued that the employer’s position showed a blatant disregard for the final and binding decision in the previous case.

In its decision, dated September 14, 2016, the Board again found in favour of the union. The Board held that the union had a legitimate interest in the negotiator viewing the worksite, and that the employer had not presented any compelling or justifiable reasons to deny access. The Board therefore allowed the complaint, and ordered the employer to cease denying access in the absence of compelling and justifiable business reasons that such access might undermine its legitimate workplace interests.

This is a significant victory for unions in the federal public service, and provides important affirmation of the union’s interest in gaining a better understanding of working conditions on the ground and meeting with members during collective bargaining.

The union was represented in the complaint by Amanda Montague-Reinholdt of RavenLaw.

On December 22, 2016, the Federal Court issued an interim Order in response to an application filed by 14 federal public service unions regarding the pay problems faced by their members since the implementation of the Government’s new pay system, known as Phoenix, in early 2016.

The order outlines a number of steps that the federal government must take to resolve the pay issues. These include sharing information in an open and transparent manner through the Union Management Consultation Committee, making Phoenix experts available to the Committee, maintaining a dedicated team of compensation advisors to address pay disruptions related to disability, maternity, and paternity leaves, and ensuring that individuals in these situations are not denied access to emergency replacement pay on the basis that they are on a period of leave. The interim Order provides additional protections to employees advancing individual claims for compensation and is without prejudice to the rights of the Unions should it become necessary to address the application on the merits.

The unions were represented in this application by Andrew Raven, Andrew Astritis, and Morgan Rowe of RavenLaw.

Ravenlaw is pleased to welcome Kim Patenaude and Wassim Garzouzi into the partnership, effective January 1, 2017. Both Kim and Wassim began their careers with Ravenlaw and have made significant contributions to the firm.

Kim is fluently bilingual and provides practical advice and representation to individual clients on issues such as wrongful dismissal, constructive dismissal, severance packages, employment contracts, non-compete clauses, long term disability benefit claims, WSIB/Workers’ compensation, discrimination, harassment, and accommodation. Kim has acted in matters before federal and provincial courts, boards, tribunals, and arbitrators on behalf of public and private sector unions, and employees.

Wassim maintains a robust bilingual practice dedicated exclusively to the representation of unions and their members in all areas of labour relations. Wassim specialises in arbitration proceedings and regularly appears before labour and arbitration boards across the country. He was elected by his peers to serve as Regional Vice-President for the Canadian Association of Labour Lawyers and is a Part-Time Professor at the University of Ottawa’s Faculty of Law, where he teaches the advanced Labour Law course.

We thank Kim and Wassim for their important work in advancing union and worker rights, and congratulate them on becoming partners.

In a recent decision, the Federal Court quashed a decision on behalf of the Minister of Labour, in which the Minister had refused to investigate the work refusal of a federal public service employee.

The Applicant employee had notified her employer that she was refusing to work for health and safety reasons in February 2015. On May 13, 2015, the Labour Affairs Officer assigned to the Applicant’s case completed a memorandum recommending a finding of dangerous work. Nonetheless, on July 13, 2015, the Applicant was advised that the Minister was declining to investigate her work refusal on the basis that her concerns were better addressed through a grievance.

In its January 31, 2017 decision, the Federal Court held that the Minister’s decision was unreasonable. The Court found that the decision-maker had offered no transparent or justifiable explanation for rejecting the Labour Affairs Officer’s recommendation or for concluding that the grievance process was a more appropriate way to address the Applicant’s concerns.

In reaching its conclusion, the Court also highlighted the importance of ensuring that refusals of unsafe work are dealt with in a timely manner, through the specialized process established under the Canada Labour Code, noting that it found the Applicant’s submissions on these points persuasive.

The Applicant was represented in this application by Andrew Raven and Morgan Rowe of RavenLaw.

On September 14, 2016, James Cameron will present at the Canadian Institute’s Disability Insurance Conference. James will be discussing litigation strategies in LTD benefit claims, specifically addressing how to prove your case with medical evidence and best practices for settlement discussions.

RavenLaw was proud to support the Annual Ottawa Women’s Legal Education and Action Fund (“LEAF”) Persons Day Breakfast. This year’s breakfast focused on the Inquiry into Missing and Murdered Indigenous Women in Canada.

LEAF is a charitable non-profit organization that works to advance the equality rights of women and girls in Canada. The annual fundraising breakfast commemorates the Persons Case – the October 18, 1929 decision of the Judicial Committee of the Privy Council that ruled that women were to be considered persons under the law and should be eligible to sit in the Canadian Senate. Proceeds from the Persons Day breakfast contribute to LEAF’s litigation efforts, and help to sustain our equality education programs such as LEAF at Work, the Only Yes Means Yes Campaign, and the Reproductive Justice Campaign.

On September 16, 2016, David Yazbeck will present at the Canadian Bar Association’s Critical Advocacy Strategies for Labour and Employment Lawyers program. The program will provide updates and practical strategies for advocating before labour boards, human rights tribunals, arbitrators and the courts.

In a recent court decision, the Federal Court overturned the decision of the Canada Border Service Agency to reject the classification grievances of over 45 management employees. The Court found that CBSA’s decision was unreasonable because it failed to consider portions of the employees’ job description which strongly supported their request for an upward reclassification. Furthermore, the Court found that CBSA had not explained its reasons for reaching a decision that appeared contrary to the evidence.

This is the second time these employees have been successful in overturning CBSA’s decision to reject their grievances. The previous decision of the Federal Court was rendered on July 24, 2014.

The employees were represented in both cases by Andrew Raven and Morgan Rowe of Raven, Cameron, Ballantyne & Yazbeck LLP.

Wassim Garzouzi was elected as Vice-President (Ontario) for the Canadian Association of Labour Lawyers at CALL’s annual conference in St. John’s, Newfoundland from June 2 to 5, 2016. Wassim is thankful for the support he received and looks forward to representing CALL’s Ontario members.

CALL’s mission is to connect union-side labour lawyers across Canada and to advocate for the legal interests of Canadian workers and labour organizations before provincial and federal governments, labour boards, and all levels of court.

On November 4, 2016, Morgan Rowe spoke to the University of Ottawa – Faculty of Common Law’s “Human Rights” class, as part of the class on emerging topics in human rights. This is the fifth year that Morgan has been invited to speak as part of this class. Her presentation focused on topics related to sexual orientation, asexuality, and the regulation of personal relationships.