Discussion:
A unionized RCMP ?
(too old to reply)
(=_=)
2015-01-13 21:36:50 UTC
Permalink
I'm betting they're going to win their case. And WE, as a citizenry, will be
better off for it.

Unions give employees an avenue to file grievances on major issues affecting
their lives or their workplace conditions.
Female police officers will no longer have their sexual assault or sexual
harassment complaints ignored.
Unsafe working conditions, biased and incompetent management, and improper
training will be addressed.

From the public's standpoint, incompetent police officers will be subject to
reviews under scrutiny of union representatives as well as supervisors - and
much less likely to be protected from discipline by just being shuffled off to
another town or city to cover up their actions.

Good luck to all of us with this Supreme Court decision.
_____________________________________________________________
Montreal Gazette /Postmedia News 01.12.2015


Mounties await Supreme Court decision on whether they can unionize


Mounties are eagerly anticipating a decision this Friday from Canada’s top
court over whether they can unionize.

Currently, RCMP members are not part of the labour relations regime established
for other federal public sector workers. Instead, they elect staff relations
representatives to advocate on their behalf on pay and workplace issues.

Critics say these in-house representatives are “part of the chain of command,”
and that RCMP regulations preventing Mounties from forming an independent
association to engage in collective bargaining is a violation of their Charter
rights.

One York University labour expert has gone so far as to suggest that the
current RCMP labour management model wouldn’t be out of place in China.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

The RCMP is the only major police force in Canada without a union. In 2009, an
Ontario Superior Court judge ruled that the ban on forming a union was a
violation of the Charter, but that decision was overturned by the Ontario Court
of Appeal in 2012.

In filings with the Supreme Court of Canada, the Mounted Police Association of
Ontario and the B.C. Mounted Police Professional Association — informal Mountie
associations that are not recognized by RCMP management — cited studies that
have made “damning observations” of the RCMP’s work conditions, including heavy
workloads, an ineffective promotion system and a failure to meet the needs of
injured members.

Total compensation for Mounties continues to fall outside the average of the
top three police forces, said Rob Creasser, a spokesman for the Mounted Police
Professional Association of Canada, the umbrella organization for the
provincial police associations.

Creasser said the current system of representation is more akin to “collective
begging” than collective bargaining because all staff relations representatives
can do is make recommendations to management and the Treasury Board about pay.
“It doesn’t allow them to be effective. They have no power,” he said.

A union would also have been more effective in acting on recommendations for
improved weapons and armor following the shooting deaths of four Mounties in
Mayerthorpe, Alta., Creasser said.

But in court filings, lawyers for the Attorney General of Canada said that
staff relations representatives have provided members a “meaningful” process
for resolving workplace issues since 1974 and that management is duty-bound to
consider their representations in good faith.

Even though their relationship with management is collaborative and
non-adversarial, staff relations representatives speak “frankly and critically”
on areas needing improvement, they argued.

They cited the Ontario appeal court ruling, which found that the existing
system passed constitutional scrutiny because it allowed members to form
voluntary associations; provided for extensive collaboration between staff
relations representatives and management; and allowed for the creation of a
Legal Fund, a voluntary not-for-profit corporation that provides legal aid and
protection to members and is funded by dues paid by members.

In an interview, Abe Townsend, a member of the national executive of the RCMP
staff relations representative program, said his team has been able to bring
about a number of positive changes, including improved accommodations for
members who provide relief duty in the Arctic, greater transparency in the
promotions process, and more options for training.

On the issue of pay, Townsend provided a copy of a briefing note that staff
relations representatives distributed to parliamentarians last month
highlighting how total compensation for RCMP constables, including benefits and
pension, was lagging behind compensation packages in Vancouver, Toronto,
Winnipeg and the Ontario Provincial Police. This sort of advocacy for members
occurs routinely, he said.

However, David Doorey, a professor of work law at York University, has a
decidedly different opinion of the RCMP’s labour relations model. Writing on
his blog after the Ontario appeal court ruling, Doorey compared the current
system to China’s model of “forced state unionization.”

“As long as the employer goes through the motion of meeting with the
state-created, non-independent association, nodding along to the suggestions it
makes, there will be no violation of (the Charter),” he said. “Can you see
why our model of freedom of association is beginning to look like the Chinese
model?”
Alan Baker
2015-01-13 21:40:13 UTC
Permalink
Post by (=_=)
I'm betting they're going to win their case. And WE, as a citizenry,
will be better off for it.
In what way will we "as a citizenry" be better off?

Please: be specific.
Post by (=_=)
Unions give employees an avenue to file grievances on major issues
affecting their lives or their workplace conditions.
Female police officers will no longer have their sexual assault or
sexual harassment complaints ignored.
Unsafe working conditions, biased and incompetent management, and
improper training will be addressed.
From the public's standpoint, incompetent police officers will be
subject to reviews under scrutiny of union representatives as well as
supervisors - and much less likely to be protected from discipline by
just being shuffled off to another town or city to cover up their
actions.
Good luck to all of us with this Supreme Court decision.
_____________________________________________________________
Montreal Gazette /Postmedia News 01.12.2015
Mounties await Supreme Court decision on whether they can unionize
Mounties are eagerly anticipating a decision this Friday from
Canada’s top court over whether they can unionize.
Currently, RCMP members are not part of the labour relations regime
established for other federal public sector workers. Instead, they
elect staff relations representatives to advocate on their behalf on
pay and workplace issues.
Critics say these in-house representatives are “part of the chain of
command,” and that RCMP regulations preventing Mounties from forming
an independent association to engage in collective bargaining is a
violation of their Charter rights.
One York University labour expert has gone so far as to suggest that
the current RCMP labour management model wouldn’t be out of place in
China.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
The RCMP is the only major police force in Canada without a union. In
2009, an Ontario Superior Court judge ruled that the ban on forming a
union was a violation of the Charter, but that decision was overturned
by the Ontario Court of Appeal in 2012.
In filings with the Supreme Court of Canada, the Mounted Police
Association of Ontario and the B.C. Mounted Police Professional
Association — informal Mountie associations that are not recognized
by RCMP management — cited studies that have made “damning
observations” of the RCMP’s work conditions, including heavy
workloads, an ineffective promotion system and a failure to meet the
needs of injured members.
Total compensation for Mounties continues to fall outside the average
of the top three police forces, said Rob Creasser, a spokesman for the
Mounted Police Professional Association of Canada, the umbrella
organization for the provincial police associations.
Creasser said the current system of representation is more akin to
“collective begging” than collective bargaining because all staff
relations representatives can do is make recommendations to management
and the Treasury Board about pay. “It doesn’t allow them to be
effective. They have no power,” he said.
A union would also have been more effective in acting on
recommendations for improved weapons and armor following the shooting
deaths of four Mounties in Mayerthorpe, Alta., Creasser said.
But in court filings, lawyers for the Attorney General of Canada said
that staff relations representatives have provided members a
“meaningful” process for resolving workplace issues since 1974 and
that management is duty-bound to consider their representations in good
faith.
Even though their relationship with management is collaborative and
non-adversarial, staff relations representatives speak “frankly and
critically” on areas needing improvement, they argued.
They cited the Ontario appeal court ruling, which found that the
existing system passed constitutional scrutiny because it allowed
members to form voluntary associations; provided for extensive
collaboration between staff relations representatives and management;
and allowed for the creation of a Legal Fund, a voluntary
not-for-profit corporation that provides legal aid and protection to
members and is funded by dues paid by members.
In an interview, Abe Townsend, a member of the national executive of
the RCMP staff relations representative program, said his team has been
able to bring about a number of positive changes, including improved
accommodations for members who provide relief duty in the Arctic,
greater transparency in the promotions process, and more options for
training.
On the issue of pay, Townsend provided a copy of a briefing note that
staff relations representatives distributed to parliamentarians last
month highlighting how total compensation for RCMP constables,
including benefits and pension, was lagging behind compensation
packages in Vancouver, Toronto, Winnipeg and the Ontario Provincial
Police. This sort of advocacy for members occurs routinely, he said.
However, David Doorey, a professor of work law at York University, has
a decidedly different opinion of the RCMP’s labour relations model.
Writing on his blog after the Ontario appeal court ruling, Doorey
compared the current system to China’s model of “forced state
unionization.”
“As long as the employer goes through the motion of meeting with the
state-created, non-independent association, nodding along to the
suggestions it makes, there will be no violation of (the Charter),”
he said. “Can you see why our model of freedom of association is
beginning to look like the Chinese model?”
(=_=)
2015-01-18 01:08:01 UTC
Permalink
You bet . . . . and still another loss for Harper's lousy government.
_______________________________
— CP — Jan 16 2015


Mounties have right to bargain: court


OTTAWA - The Supreme Court of Canada gave rank-and-file RCMP members a major
morale boost Friday when it affirmed their right to engage in meaningful
collective bargaining.

The high court did not explicitly state that the Mounties have the right to
form a union, but the justices effectively cleared a path to that possibility.

The landmark 6-1 ruling gives the federal government a year to create a new
labour relations scheme, setting the stage for talks among RCMP members,
Commissioner Bob Paulson and the Harper government.

The Supreme Court overturned a previous ruling of its own from the 1990s which
upheld an exclusion that barred the Mounties from forming unions like federal
public servants, who gained the right to collective bargaining in the late 1960s.

The high court says that overturning its precedent "is not a step to be lightly
taken," but in this case it was justified because case law has evolved since it
ruled in 1999, when it was dealing with a narrower issue.

Friday's decision was written by Chief Justice Beverley McLachlin and Justice
Louis LeBel and will ultimately affect officers across the country.

The case is a major win for RCMP members, some of whom were seen hugging in the
foyer of the Supreme Court building after the ruling was released.

"Today is an awesome day for all members in the RCMP," said Ray Banwarie,
president of the Mounted Police Professional Association of Canada. "It is
also a great day for Canada — it's a great day for democracy in this country."

Banwarie said RCMP members want to work together with management to address a
"myriad" of issues facing the force, including resources, pay, benefits and
equipment and grievances that have not been addressed for over a decade.

One major issue is a class-action lawsuit against the force, alleging years of
harassment and discrimination, in which some 300 serving and retired female
RCMP officers and civilian employees are taking part. The suit has yet to be
certified by a court.

Such points of conflict could be more easily resolved if the interests of RCMP
members were properly represented, Banwarie said.

In recent years, the national police force has been beset by internal
complaints of harassment and bullying. A new law has streamlined the process,
giving supervisors more power to deal with disputes promptly, but some critics
fear that will lead to abuses.

Laura Young, the lead lawyer for the appellants, said the ruling opens the door
for the RCMP to unionize and removes a process that was "foisted" by management
on RCMP members and silenced them.

"We hope now to move ahead with a very positive process," she said.

Banwarie said RCMP members want to form a "police association," not a union.

Jason Tamming, a spokesman for Public Safety Minister Steven Blaney, whose
department oversees the RCMP, would only say the government would study the ruling.

Treasury Board President Tony Clement would be taking the lead for the
government in any future talks, he added.

The Supreme Court said excluding the Mounties from collective bargaining
violates their charter right to freedom of association, but it does not dictate
a specific labour relations regime that should be applied to the RCMP.

The court says the Mounties have to be sufficiently independent to have some
meaningful form of collective bargaining with management.

Currently, RCMP officers have voluntary associations funded by members' dues
that work with management to establish pay and benefits, but top brass
maintains full control over the final result.

The ruling comes in one of two cases that the court was asked to revisit.

In the second case, the court dismissed an appeal by two RCMP officers who
challenged a government decision to roll back three years of wage increases
that were agreed to before the onset of 2008 global financial crisis.

The court upheld the decision by former finance minister Jim Flaherty to bring
in wage-restraint legislation that reduced RCMP pay raises from 2008 to 2010.

But the main case, brought by the Mounted Police Association of Ontario and the
British Columbia Mounted Police Professional Association on behalf of the
entire national police force, opens the door for RCMP to unionize, and engage
in collective bargaining.

The court doesn't specify what sort of labour relations model should be put in
place for the Mounties.

"This court has consistently held that freedom of association does not
guarantee a particular model of labour relations," the ruling said.

"What is required is not a particular model, but a regime that does not
substantially interfere with meaningful collective bargaining."

The justices dismissed the argument by the federal government that preventing
the RCMP from engaging in collective bargaining was warranted to prevent its
members from
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engaging in a "an unlawful strike or other debilitating job action."
___________________________________________________________________
Post by (=_=)
I'm betting they're going to win their case. And WE, as a citizenry, will be
better off for it.
Unions give employees an avenue to file grievances on major issues affecting
their lives or their workplace conditions.
Female police officers will no longer have their sexual assault or sexual
harassment complaints ignored.
Unsafe working conditions, biased and incompetent management, and improper
training will be addressed.
From the public's standpoint, incompetent police officers will be subject to
reviews under scrutiny of union representatives as well as supervisors - and
much less likely to be protected from discipline by just being shuffled off to
another town or city to cover up their actions.
Good luck to all of us with this Supreme Court decision.
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