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GLSC — Government Lawyers Sub-Chapter
On July 14, Bill 5 came into force amending the Public Service Labour Relations Act. This resulted in approximately 350 lawyers—who work for the BC Government, representing the public interest in court and administrative proceedings, and supporting ministries and tribunals in their interpretation and delivery of legislation— becoming part of the Government Licenced Professionals (GLP) chapter.
In terms of governance, the lawyers are now the Government Lawyers Sub-Chapter within the GLP. The motion to form the sub-chapter, which was brought forward by the PEA Association Executive, included that lawyers would be guaranteed a seat on the bargaining committee for the PEA Main agreement as well as other special rights. The sub-chapter structure will be in place until the ratification of the next PEA Main collective agreement after which it will be reviewed for a possible extension
GLSC Executive
Chairperson: Micah Weintraub
Executive Member: Sarah Bevan
Executive Member: Margo Foster
Executive Member: Mark Seebaran
Your Local Reps are:
Sarah Bevan, Victoria
Margo Foster, Victoria
Keely Pegg, Victoria
Sarah McEwen, Victoria
Mark Seebaran, Victoria
Kevin Contzen, Vancouver
Micah Weintraub, Vancouver
Labour Relations Officers:
Melissa Moroz, 250-385-8791 ext 202
Laura Kate Jeffreys, 250-385-8791 ext 211
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Members are welcome to provide feedback through the form below.
Bargaining and Transition Agreement Feedback
At Your Fingertips
Bargaining
All bargaining bulletins will be posted here as bargaining progresses. You will need to login to the website to view this page.
Bargaining Committee
Lauryn Kerr
Kevin Contzen
Allison Westin (GLP representative)
Classifications
In an award issued on August 30, 2024, Arbitrator Jim Dorsey confirmed that rates of pay for classifications of newly included government civil lawyers and articled students can be arbitrated under Article 32.10 of the PEA Main Collective Agreement.
Shortly after Bill 5 brought government lawyers into the PEA by legislation, the Union grieved that the Employer had introduced a new classification of government civil lawyers and articled students in the Collective Agreement, and that, in the absence of agreement between the Parties, the Union had the right to refer the issue of salary to an arbitrator to make a final and binding decision on rate of pay.
This grievance marks the latest chapter in government lawyers’ attempts to voluntarily negotiate their pay with the Employer, since being separated from the Crown Counsel classification in 2019. Since that time, their pay has fallen significantly behind Crown Counsel.
The Employer put forward a preliminary objection to the grievance, which was heard on the basis of written submissions by the Parties.
After reviewing the submissions, the Employer’s preliminary objection was dismissed. The Arbitrator found that lawyers and articled students were included in the bargaining unit by decisions of the Legislature and executive branch of government, and that the decision to introduce their job classifications as previously excluded employees for the first time under the collective agreement was a management human resource decision which triggered the application of Article 32.10.
This is an important award that takes the Union closer to addressing the historical injustices in the treatment of government civil lawyers’ rates of pay. The PEA will continue to fight for lawyers and articled students to exercise their rights under the Collective Agreement. The Union is now preparing for arbitration on rates of pay, scheduled in November 2024.
Your Collective Agreement
We encourage members to review the PEA 17th Main Collective Agreement.
Bill 5 came into force by regulation on July 14, 2023 and the BCPSA unilaterally imposed transition measures setting out terms and conditions of employment. The PEA did not agree to these transition measures or other conditions set out by the Employer.
We won the Arbitrator James Dorsey’s decision, which is a significant victory for the Union. View the entire arbitration decision here.
He found that the PEA Main collective agreement is inherently capable of application to lawyers and articled students and that it has applied since their inclusion in the licensed professional bargaining unit as of July 14, 2023. The manner of the application of each of the provisions of the collective agreement is for resolution by the union and employer and, if necessary, arbitration regarding specific differences.
Exclusions
July 4, 2023 – PEA Exclusions Webinar
1. What should I do if I receive the employer’s notice that I’m in an excluded position, but I receive an invitation from the PEA to apply for membership?
The PEA welcomes all members to apply for membership. If a member believes that the work they do puts them in conflict, they should not apply for membership in the bargaining unit.
2. During this time it is not clear whether I am excluded, do I not have job protection and security?
Until the issue of exclusions is resolved, the PEA will investigate and potentially file grievances with respect to a lawyer who may ultimately excluded as a means of preserving that lawyer’s rights.
If it is ultimately determined that the lawyer is excluded from the bargaining unit the PEA will not be able to continue to pursue any grievances or provide further representation.
3. Under s. 11, can we be unilaterally excluded until we get the final and binding decision, or is default that we are not excluded? Can those of us on the excluded list file grievances at this time? think what I am asking is, can I presume I am in the PEA until a final decision from the Board?
Typically, when a dispute with respect to exclusions arises the individual working in the disputed position remains in the PEA’s bargaining unit until there is an agreement to the contrary or a finding that the position is properly excluded.
Here the issue of how exclusions would be dealt with upon the enactment of Bill 5 was not resolved in advance of the transition occurring.
The PEA has reviewed the information provided by the Employer with respect to exclusions and appreciates the feedback it has received from the Government Lawyers regarding their work. We are working to identify areas of dispute regarding exclusions. Until then, the PEA encourages lawyers working in positions that will potentially be excluded to participate in the PEA’s town halls and events and to check in with the PEA if any matters of concern arise.
Governance
PEA Association Executive
Micah Weintraub, a lawyer member from the GLP chapter executive, was appointed to the PEA Association Executive as a member at large. Elizabeth Rowbothom was subsequently appointed to the Association Executive. The GLP has a total of four member at large seats on the association executive.
Government Licensed Professional Chapter Executive
The GLP chapter executive appointed lawyer member Micah Weintraub to the GLP chapter executive with full voting rights. In accordance with the bylaws, the GLP Executive elections took place in November 2023. Three lawyers were elected to the GLP Executive along with four other members.
The GLP Chapter Executive brought forward policy changes that guarantee a minimum of one lawyer on the GLP seven-member bargaining committee to be in effect for the formation of the next GLP bargaining committee. These will be reviewed after the next round of bargaining.
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