UNFAIR LABOUR PRACTICES - By employer - Interference with employees’ rights - Violation of freeze period

Law360 Canada (May 17, 2023, 5:59 AM EDT) -- Application by the Attorney General of Canada (AGC) for judicial review of a Federal Public Sector Labour Relations and Employment Board (Board) decision, which allowed the respondent National Police Federation’s (NPF) complaint. The AGC argued that the Board committed untenable errors in its consideration of legal context that constrained the exercise of its decision-making authority. NPF was the bargaining agent representing all non-commissioned regular members of the RCMP and reservists. In its complaint, the NPF alleged that the employer, the Treasury Board, through the Royal Canadian Mounted Police (RCMP), violated s. 56 of the Federal Public Sector Labour Relations Act (Act) by converting or “civilianizing” during the freeze period five positions traditionally occupied by regular members of the RCMP into positions to be held by public service employees. The RCMP contended it was at liberty to continue to exercise its management rights as it did before the freeze, provided it did so in a manner consistent with normal management policy. The Board concluded otherwise. In the Board’s view, the civilianization of the positions at issue was inconsistent with the RCMP’s past management practice, meaning that the RCMP could not rely on a business-as-before defence....
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