Government Lawyers Exclusions from the GLP Bargaining Unit
Dear PEA members,
The Union and the Employer participated in an alternative dispute resolution process through the BC Labour Relations Board where the parties were able to reach a mediated agreement on September 26, 2024, on the exclusion and inclusion of certain positions from the GLP bargaining unit.
Under s. 11(2) of the Public Service Labour Relations Act (the “PSLRA”), employees or classes of employees to be excluded from the collective agreement may be determined by negotiation between the parties, or, if the parties are unable to agree, either party may refer the matter to the Labour Relations Board (the “Board”) for a final and binding decision.
If an exclusion matter goes to the Board, s. 11(3) of the PSLRA states that the Board must exclude those employees or classes of employees who are employed:
- to exercise the functions, and do exercise the functions, of a manager or superintendent in the direction or control of employees,
- in a confidential planning or advisory position in the development of management policy for the government, or
- in a confidential capacity in matters relating to labour relations or personnel.
The GLP Collective Agreement incorporates the language around exclusions from the PSLRA and sets out processes for resolving disputes. The goal of exclusions in the Collective Agreement and in legislation is to avoid conflicts of interest between individuals who are properly employees and those who act on behalf of and are aligned with or share a community of interest with management.
The parties agreed that the following positions are included in the bargaining unit:
- Legal Services Branch:
- Labour & Employment, Human Rights Legal Counsel – four (4) positions
- Indemnity Legal Counsel– one (1) position
- Litigation Legal Counsel– all positions except three (3) positions
- BC Pension Corporation: Legal Counsel – one (1) position
The parties agreed that the following positions are excluded from the bargaining unit:
Legal Services Branch:
- Deputy Supervisors (also known as Deputy Supervising Counsel)
- Labour & Employment, Human Rights Legal Counsel– all positions, except four (4) positions
- Indemnity Legal Counsel– one (1) position
- Litigation Legal Counsel– three (3) positions
- Legal Counsel in the Assistant Deputy Attorney General Office – two (2) positions
Justice Services Branch, Executive Directors
- Legal Access Policy Division – one (1) position
- Family Policy, Legislation & Transformation Division – one (1) position
- Policy & Legislation Division – one (1) position
Public Guardian & Trustee: Deputy Public Guardian & Trustee – one (1) position
BC Pension Corporation: Legal Counsel – one (1) position
BC Coroners Service: Chief Legal Officer – one (1) position
The issue of how exclusions would be dealt with upon the enactment of Bill 5 was not resolved in advance of the transition occurring. Except for the three litigation legal counsel positions listed above, individuals have been working under excluded terms of employment.
In areas where positions were excluded and will now be included, employees can inform the Union of their desire for inclusion prior to the Employer making a determination. Employees included in the bargaining unit will have retroactive union dues paid by the Employer to the Union on their behalf from July 14, 2023 to the date the Employer commences deductions of dues and will have their status and rights as bargaining unit members backdated to July 14, 2023.
The PEA retains the right to challenge future exclusions and Associate Chair of the Labour Relations Board J. Najeeb Hassan remains seized to address any such disputes.
A great deal of work went into researching and considering the Employer’s proposed exclusions from the bargaining unit. The PEA wishes to thank members for their commitment to holding the Employer accountable and Jodie Gauthier our legal counsel for her advocacy.
Respectfully,
Melissa Moroz and Laura Kate Jeffreys
Labour Relations Officers
