This letter was sent from Patty Coates, OFL President, to the AJC President, Executive Committee and Governing Council, in support of AJC staff.
To: The AJC President, Executive Committee and Governing Council
I have recently been informed that after 130 plus hours of bargaining and three conciliation sessions, the AJC and its staff represented by COPE-SEPB have reached an impasse and AJC staff are now on strike. I am particularly concerned that the AJC re-wrote the “Scope” clause in its final offer which has escalated to the point that COPE Local 225 members are now in a labour dispute with the AJC.
To provide some context around these negotiations, there was a total of eight (8) potential bargaining unit positions. The AJC filed two positions for exclusion and the decision rendered by the OLRB last year determined one position remain part of the bargaining unit since it has no managerial responsibilities and another position be excluded as a practicing lawyer. On November 23, 2020 a fulsome proposal was tabled to the AJC and after spending in excess of 130 hours in negotiations and conciliation, the AJC has responded with final offers that do not include many items known to them to be outstanding and refused to acknowledge.
In brief, The AJC bargaining committee insisted that the contested exclusion position be repurposed to an excluded position with the intent to transfer managerial responsibilities. Furthermore, yesterday, on the eve of a strike/deadline date, after COPE offered to reconcile this issue with a compromise, the AJC introduced a “final” proposal outlining plans to transfer other managerial responsibilities to the excluded position. The way the clause was re-written in the Employer’s final offer is clear that the intent is to hire lawyers, who will be excluded from association under the OLRA, to eventually eradicate every possible union position within the AJC.
This is the primary reason that conciliation failed as the recognition clause cannot be bargained to impasse. COPE will be investigating their options at the Ontario Labour Relations Board to move forward with a complaint. The AJC bargaining committee has also used valuable time to negotiate separate employment contracts with bargaining unit members outside of the negotiation process and has undermined the Union. Such tactics fall within the action of “union busting”. Further, it has been reported that there have been retaliation efforts against some AJC staff for unionizing in the first place. These matters and actions taken by the AJC bargaining committee are not in the best interests of the AJC, the Union, nor the labour movement at large. It is very unfortunate and distressing that a Union is taking another Union to the OLRB for trying to bust a union.
The Ontario Federation of Labour believe strongly in the right to free and fair collective bargaining and that all workers should be treated with dignity and respect.
COPE has been bargaining in good faith and has made many concessions throughout bargaining and is desirous of returning to the bargaining table to reach a first Collective Agreement. COPE is hopeful that the AJC bargaining committee will agree to return to the table with the same commitment.
Should you have any questions, please reach out to Mary Stalteri (mstalteri@copeontario.ca), COPE Staff Representative, or Laura Lozanski (llozanski@cope225sepb.ca), President COPE Local 225 at your convenience.
In solidarity,
Patty Coates
President, Ontario Federation of Labour
