BarTalk April 2000
Volume 12, Number 2

Last minute negotiations avert job action

It’s been an exciting time to be a Crown Counsel – first, a two-day study session February 14 & 15, when negotiations with government failed. Media attention focused on cases which were dismissed in those two days, but the government still refused to budge. A new Premier was annointed, a new Attorney General appointed, and a new deadline loomed for job action: Monday, March 27.

On Thursday, March 22, while Crown Counsel Association (CCA) representatives were at the negotiating table, they were served notice that the government was seeking an injunction to prevent Crown Counsel from taking job action on Monday. Crown Counsel were “outraged and upset” at the government’s action. Negotiations continued.

By 11 pm Thursday, a tentative agreement had been reached. Crown Counsel, perhaps in part reacting to the government’s injunction application, voted down the deal Friday morning. The injunction application was heard at 2 pm that afternoon, and the judge reserved judgment until Monday morning.

Over the weekend, the two parties kept trying to reach an agreement. Finally, an acceptable solution was put to the members, and got 93 per cent acceptance by the 300+ Crown Counsel who could be located on Sunday. On Monday morning, the injunction application was dismissed by consent.

Now the real work begins. The agreement is basically identical to what was proposed by mediator Stephen Owen, QC. The Crown Counsel Association will be recognized by statute as the bargaining agent for Crown Counsel. Arbitration will begin as soon as possible on all issues which have been outstanding since the last agreement with government terminated two years ago.

Both sides have agreed to Don Munroe, QC as arbitrator. The results will not be binding, but if the government rejects the decision the Attorney General, on behalf of the government, will be required to table in the Legislative Assembly both the arbitration decision and the government’s reasons for rejection.

Hats off to Wendy Stephen, Shirley Pederson, David Jardine and all the other Executive of the Crown Counsel Association who worked hard on behalf of members to get a fair deal and a better labour relations process for the future.

This article was published in the April 2000 issue of BarTalk and is subject to the copyright by the British Columbia Branch of the Canadian Bar Association, 2005, all rights reserved.