Call Duty: The AJC looks towards our next steps amidst negotiations and grievances. :: Association of Justice Counsel News
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March 29th, 2016
March 29th, 2016

Call Duty: The AJC looks towards our next steps amidst negotiations and grievances.

On March 23 2016, the Federal Court of Appeal granted Treasury Board's application for judicial review of the Public Service Labour Relations and Employment Board ruling in which the adjudicator found that the employer's call duty directive was unreasonable and in contravention of the collective agreement and in particular, section 7 Charter rights and management rights clauses 6.01 and 5.02 respectively.  In a unanimous decision, the Federal Court of Appeal annulled adjudicator Bertrand's ruling finding that management's unilateral imposition of call duty which includes restrictions on such jurists' off duty activities do not constitute a violation of employed jurists' privacy rights.  

Furthermore, the act of imposing restrictions on off-duty activities such as not leaving town to attend a family obligation and not consuming alcohol while off duty were considered a reasonable exercise of management's rights.  The FCA has referred the matter back to a new adjudicator with instructions in addition to awarding costs to Treasury Board.   A copy of the French decision (currently in translation), is available  here.   Once the English translation is received, we will send you a link.

The AJC is currently considering whether or not to appeal the matter to the Supreme Court of Canada.  Members will be advised once a decision has been made.
The new set of call duty grievances under the current collective agreement, which we reported to you on May 14, 2015, have all been referred to adjudication and were being held in abeyance pending the outcome of this Federal Court of Appeal ruling.  

The negotiations team continues to discuss this issue with TB at the bargaining table in the hopes of finding a longer-term solution to this long 6-year struggle.

Do stay tuned for more details.

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