Union files unfair labour practices complaint A3
The union representing Legal Aid Saskatchewan lawyers and administrative staff is taking legal action amid a controversial restructuring that involves layoffs and thousands of files being farmed out to private counsel.
In an unfair labour practices complaint filed Tuesday, Canadian Union of Public Employees Local 1949 accused the agency responsible for representing vulnerable people in court of failing to bargain “in good faith or at all” about its plans. The complaint alleges Legal Aid changed the conditions of employment without consultation and while contract negotiations were underway, and laid off some employees because they supported the union.
CUPE Local 1949 is also asking the Saskatchewan Labour Relations Board for an injunction, known as interim relief, that would prohibit Legal Aid from carrying out the restructuring of its Saskatoon operations.
None of the allegations have been tested by the tribunal.
A hearing is set for Aug. 30 in Regina. Legal Aid’s plan to merge its criminal and family law offices in Saskatoon, and CUPE Local 1949’s opposition to the changes, became public knowledge about two months ago.
In addition to six administrative staff layoffs, the restructuring is expected to result in vacant lawyer positions left unfilled and more than 3,000 recent arrest files farmed out to private lawyers.
In an emailed statement, Legal Aid CEO Craig Goebel said the agency intends to respond to the union’s filings. He said Legal Aid would not comment further.
“The CUPE Local 1949 members believe the employer has failed in its obligations to the employees and we are asking the Labour Relations Board to consider their concerns,” Crystal Norbeck, the union’s lawyer, said in a statement.
“The proposed merger of the offices, contracting out of work, and laying off six already overworked administrative staff, will be harmful to the entire legal aid project in Saskatoon,” the union wrote in its application to the tribunal.
“Any attempt to make these changes without engaging in meaningful negotiations with the (union) not only violates the (Saskatchewan Employment Act) but shows a callous disregard for the mandate of Legal Aid Saskatchewan.”
Goebel has said previously that the changes are aimed at increasing flexibility and keeping people accused of crimes out of jail, and insisted fears of further privatization are “completely without foundation.”
In a statement provided to the Starphoenix last month, Saskatchewan Legal Aid Commission chair Michelle Ouellette echoed Goebel’s view that the changes will improve service delivery and said the commission supports them.
Two union officials said they were told by government officials that the changes were a response to what have been characterized as “personnel issues” in the Saskatoon criminal and family law offices.
The union, some private lawyers and others in the justice system have expressed deep misgivings about the restructuring, and questioned management’s motivation for the shift as well as whether it will be effective.
The changes are expected to take effect in September.