Sides await labour board decision on Saskatoon Legal Aid restructuring
REGINA The Saskatchewan Labour Relations Board has reserved its decision on whether it will grant an injunction, or interim relief, stopping Legal Aid Saskatchewan from restructuring its Saskatoon operations.
CUPE Local 1949 applied for the injunction last week, alleging the government agency failed to bargain in good faith, changed conditions of employment without consultation while contract negotiations were underway, and laid off some employees because they supported the union.
The union representing Legal Aid lawyers and staff outlined its case before a three-member Labour Relations Board panel in Regina on Thursday. Legal Aid’s lawyer denied some of the union’s allegations and downplayed others, and said the changes were intended to improve service.
The panel is expected to decide sometime before Wednesday whether the application to halt the restructuring — which involves merging the criminal and family law offices in Saskatoon, six layoffs, three lawyer positions left unfilled and thousands of files being farmed out to private lawyers — will be granted.
Lawyer Crystal Norbeck, representing CUPE Local 1949, argued Legal Aid “unilaterally changed conditions” of employment at a time when the collective agreement between the two parties had expired and a new one was being negotiated.
(The contract between the two parties expired Sept. 30, 2016).
She said Legal Aid practised unfair labour practices when it announced there would be layoffs, changes to the makeup of the Saskatoon offices and an increase in the number of work being contracted out to private lawyers.
Kevin Wilson, a lawyer for Legal Aid, argued that the changes were done to improve services to clients — ensuring the agency responsible for representing vulnerable people in court could offer more timely access to lawyers.
Wilson said Legal Aid honoured collective bargaining “to a T,” in part because it advised the union of the changes in advance. He also downplayed the six layoffs, telling the panel all but one of the affected employees “found a landing spot” within Legal Aid.
He continued to argue against the claim Legal Aid changed the conditions of employment. He said fewer than five per cent of its operations would be affected and the changes could take place in part because they were permitted under the expired contract — which remains in place until a new one is negotiated.
Two union officials have previously said they were told by government officials the changes within Legal Aid were a response to what have been characterized as “personnel issues” in the Saskatoon criminal and family law offices.