Please contact the AJC, and a representative will be happy to answer your questions and/or talk confidentially with you about your workplace concerns. If you prefer, you may contact one of your Governing Council Members directly.

Under the AJC´s Constitution, once the Rand formula is implemented, i.e., automatic and mandatory deduction of union dues from pay of bargaining unit employees, the dues will be 1.25% of annual salary. These dues will be used to fund the operating costs of the AJC and provide services to members of the bargaining unit.

Only members can participate in the internal affairs of the AJC, such as voting in elections and holding office. Payment of dues does not equate to membership. To become a member of the AJC, you must complete an application for Membership form. Once your eligibility has been confirmed, you will receive an information package.

The AJC will also be able to provide you with help for your workplace issues, providing support and advice with respect to individual grievances and by carrying forward group and policy grievances. You will no longer be alone when dealing with your manager or problems in your workplace. Where required, the AJC will provide the legal assistance you need.

Under the PSLRA, some terms and conditions of employment are not negotiable. A collective agreement may not, directly or indirectly, alter or eliminate any existing term or condition of employment or establish any new term or condition of employment if

(a) doing so would require the enactment or amendment of any legislation by Parliament, except for the purpose of appropriating money required for the implementation of the term or condition; or

(b) the term or condition is one that has been or may be established under the Public Service Employment Act, the Public Service Superannuation Act or the Government Employees Compensation Act.

This means that, for example, a collective agreement may not cover pension issues, benefits payable on injury or death, the assignment of duties, and the classification of positions.

The AJC can and will be seeking to negotiate increases to the rates of pay, as well as improvements to working conditions and provisions for leaves of absence.

Yes. Although the AJC was initially created as an organization of Justice Canada lawyers, the AJC took the position at the certification hearing that the employer's request for a single national unit of all legal officers should be granted, with the AJC as the bargaining agent. The Board has now concluded that the AJC is an appropriate bargaining agent for all federal legal officers, both inside and outside of the Department of Justice.

In anticipation of the Board's decision, the AJC amended its Constitution to enable it to represent counsel employed in Justice or in any agency or corporation of the Government of Canada. Along with amendments to certain definitions and the membership provisions, amendments were made to increase the size of the Executive of the Association in order to provide more effective representation.

The AJC is the certified bargaining agent for "all lawyers in the LP group for which the Treasury Board is the employer who are not excluded from collective bargaining by law or determination of the Board."

Some employees are excluded from collective bargaining, under subsection 2(1) of the Federal Public Service Labour Relations Act (FPSLRA), including persons employed on a casual basis, persons employed on a term basis for a period of less than three months, persons employed in a program designated as a student employment program, and persons who occupy managerial or confidential positions.

The AJC is a democratically run Association, with all of its officers elected by the membership, pursuant to the Association's By-Laws.

The ACJ is the sole bargaining agent for all lawyers and notaries in the Law Group. It has sole authority to negotiate with the employer to establish the terms and conditions of employment, including salaries and many workplace issues.

Under the section 147.1 (1) of the CLC, "an employer may, after all the investigations and appeals have been exhausted by the employee who has exercised rights under sections 128 and 129, take disciplinary action against the employee who the employer can demonstrate has wilfully abused those rights."  The employee must be provided with written reasons for the discipline from the employer within 15 days after receiving the employee's request, section 147.1(2) of the CLC. 

Under normal circumstances you are protected under the section 147 of the CLC, "no employer shall dismiss, suspend, lay off or demote an employee, impose a financial or other penalty on an employee, or refuse to pay an employee remuneration in respect of any period that the employee would, but for the exercise of the employee´s rights under this Part, have worked, or take any disciplinary action against or threaten to take any such action against an employee because the employee 

(a) has testified or is about to testify in a proceeding taken or an inquiry held under this Part; 
(b) has provided information to a person engaged in the performance of duties under this Part regarding the conditions of work affecting the health or safety of the employee or of any other employee of the employer; or 
(c) has acted in accordance with this Part or has sought the enforcement of any of the provisions of this Part." 

R.S., 1985, c. L-2, s. 147; R.S., 1985, c. 9 (1st Supp.), s. 4; 2000, c. 20, s. 14.

Other useful links:

Canadian Labour Code Part 2 - Health and Safety 
Treasury Board, Occupational Health and Safety-Policy and Publications 
HRSDC-Labour Program, Health and Safety 
CCOHS Canadian Centre for Occupational Health and Safety 
Part 3 FPSLRA Occupational Health and Safety 
Canada Occupational Health and Safety Regulations 
Employee Assistance Services 
Crisis and Counselling Resources 
Prevention kit for work-related mental health problems

You should contact a the Ministry of Labour under the HRSDC-Labour program at 1-800-641-4049. Contact should be made after exhausting the internal complaint resolution process under Section 127.1 of the CLC. Sections 129. 130. 131. of the CLC Part II addresses the investigation of the Minister.

Section 128(1) of the Canadian Labour Code part II provides for the right to refuse work if you have reasonable cause to believe that a danger exists. Under section 122 (1) of the CLC, 'danger' means any hazard, condition or activity that could reasonably be expected to be an imminent or serious threat to the life or health of a person exposed to it before the hazard or condition can be corrected or the activity altered; 

"Refusal to work if danger" 

128. (1) Subject to this section, an employee may refuse to use or operate a machine or thing, to work in a place or to perform an activity, if the employee while at work has reasonable cause to believe that (a) the use or operation of the machine or thing constitutes a danger to the employee or to another employee; 
(b) a condition exists in the place that constitutes a danger to the employee; or 
(c) the performance of the activity constitutes a danger to the employee or to another employee. 

No refusal permitted in certain dangerous circumstances 

(2) An employee may not, under this section, refuse to use or operate a machine or thing, to work in a place or to perform an activity if 
(a) the refusal puts the life, health or safety of another person directly in danger; or 
(b) the danger referred to in subsection (1) is a normal condition of employment. 

[…]

Report to employer 

(6) An employee who refuses to use or operate a machine or thing, work in a place or perform an activity under subsection (1), or who is prevented from acting in accordance with that subsection by subsection (4), shall report the circumstances of the matter to the employer without delay. 

Select a remedy 

(7) Where an employee makes a report under subsection (6), the employee, if there is a collective agreement in place that provides for a redress mechanism in circumstances described in this section, shall inform the employer, in the prescribed manner and time if any is prescribed, whether the employee intends to exercise recourse under the agreement or this section. The selection of recourse is irrevocable unless the employer and employee agree otherwise. 

Investigation by employer

(7.1) The employer shall, immediately after being informed of a refusal under subsection (6), investigate the matter in the presence of the employee who reported it. Immediately after concluding the investigation, the employer shall prepare a written report setting out the results of the investigation.

Employer to take immediate action

(8) If, following its investigation, the employer agrees that a danger exists, the employer shall take immediate action to protect employees from the danger. The employer shall inform the work place committee or the health and safety representative of the matter and the action taken to resolve it.

Continued refusal 

(9) If the matter is not resolved under subsection (8), the employee may, if otherwise entitled to under this section, continue the refusal and the employee shall without delay report the circumstances of the matter to the employer and to the work place committee or the health and safety representative. 

Investigation of continued refusal

(10) If the work place committee receives a report under subsection (9), it shall designate, to investigate the matter immediately in the presence of the employee who reported it, two members of the committee, namely, one employee member from those chosen under paragraph 135.1(1)(b) and one employer member who is not from those chosen under that paragraph. If the health and safety representative receives a report under subsection (9), they shall immediately investigate the matter in the presence of the employee who reported it and a person who is designated by the employer.

Report

(10.1) Immediately after concluding the investigation, the members of the work place committee designated under subsection (10) or the health and safety representative shall provide a written report to the employer that sets out the results of the investigation and their recommendations, if any.

If more than one report 

(11) If more than one employee has made a report of a similar nature under subsection (9), those employees may designate one employee from among themselves to be present at the investigation. 

Absence of employee

(12) The employer, the members of a work place committee or the health and safety representative may proceed with their investigation in the absence of the employee who reported the matter if that employee or a person designated under subsection (11) chooses not to be present.

Decision of employer

(13) After receiving a report under subsection (10.1) or (10.2) and taking into account any recommendations in it, the employer, if it does not intend to provide additional information under subsection (10.2), shall make one of the following decisions:

• (a) agree that a danger exists;
• (b) agree that a danger exists but consider that the circumstances provided for in paragraph (2)(a) or (b) apply;
• (c) determine that a danger does not exist.

Decision  — paragraph (13)(a)

(14) If the employer agrees that a danger exists under paragraph (13)(a), the employer shall take immediate action to protect employees from the danger. The employer shall inform the work place committee or the health and safety representative of the matter and the action taken to resolve it.

Decision  — paragraph (13)(b) or (c)

(15) If the employer makes a decision under paragraph (13)(b) or (c), the employer shall notify the employee in writing. If the employee disagrees with the employer’s decision, the employee is entitled to continue the refusal, subject to subsections 129(1.2), (1.3), (6) and (7).

Information to Minister

(16) If the employee continues the refusal under subsection (15), the employer shall immediately inform the Minister and the work place committee or the health and safety representative of its decision and the continued refusal. The employer shall also provide a copy of the report on the matter prepared under subsection (7.1) to the Minister along with a copy of any report referred to in subsection (10.1) or (10.2).

Employees on shift during work stoppage 

128.1 (1) Unless otherwise provided in a collective agreement or other agreement, employees who are affected by a stoppage of work arising from the application of section 127.1, 128 or 129 or subsection 145(2) are deemed, for the purpose of calculating wages and benefits, to be at work during the stoppage until work resumes or until the end of the scheduled work period or shift, whichever period is shorter. 

Employees on next shift 

(2) Unless otherwise provided in a collective agreement or other agreement, employees who are due to work on a scheduled work period or shift after a shift during which there has been a stoppage of work arising from the application of section 127.1, 128 or 129 or subsection 145(2) are deemed, for the purpose of calculating wages and benefits, to be at work during their work period or shift, unless they have been given at least one hour´s notice not to attend work. 

Alternative work 

(3) An employer may assign reasonable alternative work to employees who are deemed under subsection (1) or (2) to be at work. 

Repayment 

(4) Unless otherwise provided in a collective agreement or other agreement, employees who are paid wages or benefits under subsection (1) or (2) may be required by the employer to repay those wages and benefits if it is determined, after all avenues of redress have been exhausted by the employee who exercised rights under section 128 or 129, that the employee exercised those rights knowing that no circumstances existed that would warrant it.”

Prior to filing a complaint or refusal, we encourage our members to first contact their area health and safety representative for advice and ongoing support. If a health and safety representative is unavailable, contact should be made with your Governing Council representative. 

The following internal complaint resolution process must be followed under the CLC prior to contacting a health and safety officer: 

INTERNAL COMPLAINT RESOLUTION PROCESS

Complaint to supervisor 

127.1 (1) An employee who believes on reasonable grounds that there has been a contravention of this Part or that there is likely to be an accident or injury to health arising out of, linked with or occurring in the course of employment shall, before exercising any other recourse available under this Part, except the rights conferred by sections 128, 129 and 132, make a complaint to the employee´s supervisor. 

Resolve complaint 

(2) The employee and the supervisor shall try to resolve the complaint between themselves as soon as possible. 

Investigation of complaint 

(3) The employee or the supervisor may refer an unresolved complaint to a chairperson of the work place committee or to the health and safety representative to be investigated jointly (a) by an employee member and an employer member of the work place committee; or (b) by the health and safety representative and a person designated by the employer. 

Notice 

(4) The persons who investigate the complaint shall inform the employee and the employer in writing, in the form and manner prescribed if any is prescribed, of the results of the investigation. 

Recommendations 

(5) The persons who investigate a complaint may make recommendations to the employer with respect to the situation that gave rise to the complaint, whether or not they conclude that the complaint is justified. 

Employer's duty 

(6) If the persons who investigate the complaint conclude that the complaint is justified, the employer, on being informed of the results of the investigation, shall in writing and without delay inform the persons who investigated the complaint of how and when the employer will resolve the matter, and the employer shall resolve the matter accordingly. 

Stoppage of activity 

(7) If the persons who investigate the complaint conclude that a danger exists as described in subsection 128(1), the employer shall, on receipt of a written notice, ensure that no employee use or operate the machine or thing, work in the place or perform the activity that constituted the danger until the situation is rectified. 

Referral to the Minister

(8) The employee or employer may refer a complaint that there has been a contravention of this Part to the Minister in the following circumstances:

(a) where the employer does not agree with the results of the investigation; 
(b) where the employer has failed to inform the persons who investigated the complaint of how and when the employer intends to resolve the matter or has failed to take action to resolve the matter; or 
(c) where the persons who investigated the complaint do not agree between themselves as to whether the complaint is justified. 

Investigation

(9) The Minister shall investigate the complaint referred to in subsection (8).

 Duty and power of Minister

(10) On completion of the investigation, the Minister

• (a) may issue directions to an employer or employee under subsection 145(1);
• (b) may, if in the Minister's opinion it is appropriate, recommend that the employee and employer resolve the matter between themselves; or
• (c) shall, if the Minister concludes that a danger exists as described in subsection 128(1), issue directions under subsection 145(2).

Section 240. of the Public Service Labour Relations Act (PSLRA) and Part 2 of the Canadian Labour Code (CLC) apply.

Additionally, refer to section 26 of the AJC-AJJ Collective Agreement.

• The AJC Representations Policy
• The LP Collective Agreement
• The National Joint Council Public Service Health Care Plan Directive
• The National Joint Council Work Force Adjustment Directive
• The National Joint Council WFAD Flowchart of Key Elements of the Work Force Adjustment Directive

Legislative References:

• Public Service Employment Act
• Public Service Superannuation Act

No, they are not pursuant to the provisions of the Public Service Superannuation Act and Regulations (PSSA).

It is our understanding that it will be possible to withdraw an initial offer to “volunteer”.

The voluntary departure process in no way abridges any rights of employees to participate in the alternation process provided for by their collective agreements.

Yes, if the department in question makes this option available.  Departments are considering various ways to reduce the impact of the required reductions on its current employees, which may include inviting employees to express their interest in volunteering to be laid-off.  It is at the discretion of management to accept an expression of interest to “volunteer”.  Accepted volunteers could then be entitled to the appropriate Workforce Adjustment (WFA) provisions whether they have received an affected status letter or not.

NEW Voluntary departure programs (6.2) - A two-prong voluntary departure program has been added to the Directive for employees who are not provided with a guarantee of a reasonable job offer. Departments and organizations must establish the program for situations involving 5 or more employees at the same group and level within a work unit. Also, the DH may establish a program for units where less than 5 employees are affected. The provision also indicates that the program must be subject to meaningful consultation through joint union-management WFA committees, must not be used to exceed reduction targets, must take place before the department or organization engages in the selection of employees for retention or lay-off (SERLO) process(es), provide for a minimum of 30 calendar days for employees to decide to participate, and allow employees to select Options 6.4.1 (b), (c)(i) or (c)(ii). Finally, when the number of volunteers is larger than the required number of positions to be eliminated, volunteers must be selected based on seniority.

The Transition Support Measure is based on years of service, both discontinuous and continuous.  For more information please see Appendix C of the WFAD.

Your benefits continue while a surplus employee and extend for up to one year or until you are entitled to an ongoing pension benefit, whichever is shorter. For more details, please refer to the PSHCP.

The Public Service Superannuation Act governs pension benefits.   Effective your date of layoff, your service ceases to accrue.  You may contact your Pension Benefits Administrator regarding your pension-related questions.

Depending on the option you choose from those listed in Appendix D of the WFAD, i.e. surplus priority status, transition support measure or education leave, you may be entitled to layoff priority for 1 year, severance pay at layoff rate in accordance with the terms set out in the collective agreement in addition to a lump-sum amount in accordance with the schedule set Transition Support Measure Table at Appendix C of the WFAD.  Please read Appendix D and the remainder of the WFAD carefully for details on other entitlements you may have.

Pursuant to section 22.01(a) of the collective agreement, a lawyer shall receive severance benefits calculated on the basis of his weekly rate of pay:

(i) On the first lay off after November 28, 1969, two (2) weeks´ pay for the first complete year of continuous employment and one week´s pay for each additional complete year of continuous employment and, in the case of a partial year of continuous employment, one week´s pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five.

(ii) On second or subsequent layoff after November 28, 1969, one week´s pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one week´s pay multiplied by the number of days of continuous employment divided by three hundred and sixty five, less any period in respect of which he was granted severance pay under subparagraph 22.01(a)(i) above.

All of these amounts are considered income.   For tax advice, the AJC recommends that you consult a tax professional or the Canada Revenue Agency.

You and your manager are encouraged to discuss this to determine what is appropriate.  Generally, the departments do provide a certain level of assistance in support of your search for alternate employment.  

Yes, you may be asked to perform duties that are different from the ones you have usually performed.

If an opting employee were to choose opting “surplus” priority for the 12 months without a guaranteed reasonable job offer and were appointed to a lower level, the AJC if of the view that salary protection should be available because the employee remains “surplus” as per the definition set out in the WFAD.

For more information, please refer to sections 5.1, 5.1.2and the definitions of « surplus employee » and “surplus priority” of the WFAD.

If you have been given a guarantee of a reasonable job offer, you will continue to be paid until you are offered and accept a reasonable job offer.

If you refuse a reasonable job offer, you will be laid off, in which case you will be paid until you are laid off.

If you are an opting employee, you will continue to be paid until you are laid off or choose to resign from the Public Service.

In such instances, you will be placed on surplus priority status when a guaranteed reasonable job offer is made (GRJO) until you receive/accept a reasonable job offer (RJO), are laid off or resign.  If a reasonable job offer is extended to you, you may choose to accept or reject the offer.   Consequences relating to the acceptance or rejection of job offers are covered under Appendix D outlining the Key Elements of the WFAD, and more specifically covered under Part I of the WFAD.
 
If for some reason, you refuse a reasonable job offer, you will be placed on lay-off but no sooner than 6 months from the beginning of the surplus period (i.e. the date you were offered a GRJO).  You would remain on lay-off priority status (unpaid) for 1 year.

See Appendix D Chart outlining the Key Elements of the WFAD, including options.  
For more details regarding your options if you declared a surplus and have not received a guarantee of a reasonable job offer, consult Part VI, section 6.4 of the WFAD.

For official notification obligations relating to employees being declared surplus, consult section 1.1.6. of the WFAD.

For all other notification obligations, see Part II of the WFAD.

Generally, disputes relating to the hiring and laying off of public servants fall under the exclusive jurisdiction of the Federal Public Sector Labour Relations and Employment Board pursuant to the Public Service Employment Act (“PSEA”).   As staffing policies are not subject to collective bargaining, your available remedies may be limited to the PSEA, which provides for limited recourse in the case of certain predefined types of complaints.  More specifically, section 65(1) of the PSEA states:
 
“Where some but not all of the employees in a part of an organization are informed by the deputy head that they will be laid off, any employee selected for lay-off may make a complaint to the Tribunal, in the manner and within the time fixed by the Tribunal´s regulations, that his or her selection constituted an abuse of authority.” (Emphasis added.)

Section 65(2) of the PSEA prevents complaints against the actual decision to layoff employees, the determination of the part of the organization impacted or the number of employees to be laid off from that part.

For more information on the evaluation criteria used in determining who should be laid off, you may consult the Public Service Commission´s Guidance Series: Selecting Employees for Retention or Layoff.

For union advice on whether or not you may have other avenues available to you on account of your particular situation which may bring other collective agreement provisions into play, you may contact the AJC by completing an InTake form outlining your details and forwarding it to admin@ajc-ajj.com .  

Seniority may be a relevant consideration however it is up to the deputy heads to establish the criteria being used.

Article 34 of the collective agreement requires the employer to make every reasonable effort to ensure that any reduction in the work force is accomplished through attrition.

For information on the merit criteria used, please refer to the Public Service Commission´s Guidance Series: Selecting Employees for Retention or Layoff.

You may be the subject of the Work Force Adjustment Directive.  In other words, you may receive notice from your department regarding possible workforce adjustment while you are on official leave, provided that you have not been on leave for a period in excess of one year or where your position has not been permanently backfilled.

A Work Force Adjustment applies to indeterminate employees upon being informed in writing that his or her services may no longer be required beyond a specified date. See Appendix D outlining a summary of the Key Elements of the WFAD.  

The Work Force Adjustment Directive does not apply to term employees, whose contracts are expected to terminate at the end of their term, unless otherwise renewed.

According to the Work Force Adjustment Directive, a “work force adjustment” is defined as “a situation that occurs when a deputy head decides that the services of one or more indeterminate employees will no longer be required beyond a specified date because of a lack of work, the discontinuance of a function, a relocation in which the employee does not wish to relocate or an alternative delivery initiative.”

For a SNAPSHOT on the process, see Appendix D to the Directive outlining a summary of the Key Elements of the WFAD.