Law Times

Law Times • sepTember 5, 2016 Page 5 www.lawtimesnews.com Legal Aid challenge depends on result of negotiations BY YAMRI TADDESE AND ALEX ROBINSON Law Times T he future of a legal chal- lenge by Legal Aid On- tario lawyers against their employer depends on the outcome of negotiations between their chosen union and the LAO, the lawyer representing them says. After years of resistance, LAO recently agreed to come to the bargaining table to negotiate with its staff lawyers' chosen union, the Society of Energy Professionals. The lawyers had originally demanded the right to union- ize in 2013, but they were turned down by LAO. In 2015, they launched a Charter application challenging the LAO's refusal to bargain with the Society of En- ergy Professionals. But this action could be dropped if the negotiations go well, says their lawyer, Steven Barrett. "Hopefully, the parties can work out a process for work- ing this out and actually work out some of the substance of it," he says. "With hard work and goodwill, that can happen. But if it doesn't, the litigation is still scheduled to proceed." The Ontario Superior Court is scheduled to start hearing the challenge Dec. 5. Barrett says in order for the challenge to be dropped, LAO will have to recognize the staff lawyers have the right to select their own bargaining agent and will have to accept that the So- ciety of Energy Professionals serves as that representative. He says the negotiations will also have to establish a frame- work agreement that will guide the collective bargaining pro- cess, as lawyers are not included in the Labour Relations Act. This would determine how bargain- ing would work going forward and would include details such as grievance procedure. Legal aid lawyers, who mounted an intense campaign on the LAO and the Ontario government in recent months, say their employer's recent agree- ment to meet with the union is a "significant breakthrough." "The Society [of Energy Pro- fessionals] has been engaging some considerable pressure on both LAO and the government and whether it was that or seeing the wrongness of their ways, for whatever reason, LAO has decid- ed to come to the table and try to work this out," Barrett says. The lawyers say the union and LAO will enter into nego- tiations they hope will end in the recognition of the Society of Energy Professionals as their bargaining agent. "It's a huge step," says legal aid lawyer Dana Fisher. "It's a step that they've refused to take until now." Legal Aid Ontario says it has agreed to meet with union reps to find out what its employees are looking for. "At this point, we have agreed to meet with representatives of the Society of Energy Profes- sionals to discuss arranging a vote to determine LAO's staff lawyers' wishes with regard to representation," says Graeme Burk, spokesman for LAO. "We are taking this step because LAO wants to know conclusive- ly what our staff lawyers want with respect to representation." Although her colleagues' ef- forts are "finally paying off," Fisher is careful not to declare victory just yet. "Saying that they'll speak to us is a great first step and we're really excited about it, but it's certainly not the end of the road until we have something in writing," she says. Unlike most other workers, lawyers are not included in the Ontario Labour Relations Act. In order to unionize, they must ob- tain voluntary recognition from their employer. In 2013, LAO re- jected its lawyers' bid to unionize, saying it does not have a legal ob- ligation to voluntarily recognize a trade union to represent its staff. Later, LAO said it respects employees' right to associate and is willing to consider asso- ciations other than the union the employees want to join. Legal aid expressed concerns about the fact that the Society of Energy Professionals is a trade union. But the lawyers were adamant, saying they've chosen the union because it is an "ex- perienced and well-resourced association/union to mount an effective campaign." Since then, legal aid lawyers continued to pressure legal aid and the Ontario government, including the launch of a Char- ter challenge against them. They ratcheted up their efforts this summer, staging several demonstrations outside Lib- eral party fundraiser events and Premier Kathleen Wynne's con- stituency office. "I have never seen a group of workers as determined and dogged in their pursuit of col- lective bargaining rights as these Legal Aid lawyers," said union president Scott Travers in a press release. "I am confident this break- through would not have been possible without the pressure Legal Aid lawyers and the Soci- ety exerted on the Wynne gov- ernment and Legal Aid Ontario with the help of allies like the Ontario Federation of Labour. "Though we will move toward a normal, respectful bargaining relationship with Legal Aid On- tario, we will continue this public campaign until an agreement to recognize these lawyers' collec- tive bargaining rights is final." LT NEWS DEEPEN YOUR KNOWLEDGE OF CANADA'S TAX SYSTEM Continuing education for income tax professionals featuring new pre-learning components, updated curriculum and hands-on case studies. Enhance your understanding of Canadian tax with one of our three upcoming courses: In-Depth International Tax September 17-21, 2016 Niagara Falls, ON CPD: 25 hours Get to know Canada's international tax system and the key issues that often impact Canadian multinational corporations with foreign operations. cpacanada.ca/IIT In-Depth Corporate Reorganizations November 5-9, 2016 Blue Mountain, ON CPD: 25 hours Strengthen your skills in tax effective Canadian reorganization techniques and planning strategies. cpacanada.ca/CorporateReorg In-Depth Tax Issues for the Owner-Managed Business November 12-16, 2016 Kelowna, BC (Direct flights available) CPD: 25 hours This course is designed for tax professionals who want to learn more about estate planning, insurance and succession topics for owner-managed businesses. cpacanada.ca/TIOMB Untitled-2 1 2016-08-31 2:42 PM Steven Barrett says a Charter application challenging LAO's refusal to bargain with the Society of Energy Professionals could be dropped if negotiations go well. It's a huge step. It's a step they've refused to take until now. Dana Fisher

• Cover