AGREEMENTBETWEEN: GOVERNMENT OF THE PROVINCE OF BRITISH COLUMBIA Represented by AND: BRITISH COLUMBIA CROWN COUNSEL ASSOCIATION (the “Association”) WITH RESPECT TO CROWN COUNSEL AGREEMENT AGREEMENT Definitions Schedule A Classification and Compensation Definitions "Ad hoc Crown Counsel" means a barrister and solicitor, from the private bar, who has entered into an agreement to perform services, on a day to day basis, as counsel for a specific file, issue or limited period of time". "Association" means the British Columbia Crown Counsel Association. "Auxiliary Crown Counsel" means any barrister and solicitor who is an employee under the Public Service Act and employed by the Criminal Justice Branch of the Ministry of Attorney General for work which is temporary and not of a continuous nature such as: 1. Work created to carry out special projects or to replace employees assigned to special projects. 2. Replacing employees on maternity leave, adoption leave, or other extended leaves. 3. Work necessary to meet operational requirements. "Branch" means the Criminal Justice Branch of the Ministry of Attorney General. "Contract Crown Counsel" means any barrister and solicitor admitted to the Law Society of British Columbia who has entered into an agreement either individually or through the medium of a personal law corporation with the Attorney General to perform services as Crown Counsel on a part-time or full-time basis; but does not include independent contractors or ad hoc counsel. "Crown Counsel" includes Regular Crown Counsel, Contract Crown Counsel and Auxiliary Crown Counsel. "Employer" means the Government of British Columbia. "Geographic Location" means that area within a radius of 32 kilometers of where Crown Counsel ordinarily performs his/her duties (16 kilometers within the Greater Vancouver Regional District). "Regular Crown Counsel" means any barrister and solicitor, employed by the Criminal Justice Branch, who is an employee under the Public Service Act and is employed for work which is of a continuous full-time or continuous part-time nature. "Year of Call" is the calendar year in which the Crown Counsel is called to the bar. For example, Crown Counsel is in Year of Call 1, in the calendar year in which they are called. As of January 1 in each subsequent year, Crown Counsel move to the next Year of Call.
Article 1: Term and Continuation This agreement shall be effective from April 1, 1998 and shall remain in force and be binding upon the parties until March 31, 2003 and thereafter until a new Agreement has been concluded in accordance with, and subject to the rights of the parties in, Article 3.
This agreement applies to all Crown Counsel in British Columbia for whom the Association has been designated as the exclusive bargaining agent pursuant to the Crown Counsel Act. Except as this agreement provides otherwise, the terms and conditions of employment and policies applicable to excluded management employees under the Public Service Act shall apply to Regular Crown Counsel. Except as this agreement provides otherwise, the terms of service for Contract Crown Counsel shall be those contained in his or her agreement with the Attorney General to perform services as Crown Counsel, and those terms and conditions and policies provided to excluded management employees under the Public Service Act which are not inconsistent with his or her agreement, other than health and welfare benefits and pension, for which Contract Crown Counsel receive payment in lieu. The Employer will not enter into, or continue, any employment or contractual relationship with Crown Counsel which conflicts with the terms of this agreement.
1) The Attorney General will commission independent, expert comparative studies of financial terms of employment, classification and workload for Crown Counsel during the term of the 1998-2003 Agreement (the "Current Agreement") and with all such reports to be completed by December 31, 2002 a) Persons who are commissioned by the Attorney General to prepare the studies shall be agreed upon by the parties. b) The costs of the studies shall be shared equally by the parties. 2) The Employer and the Association agree that, upon either party giving notice of intention to amend the Current Agreement within three months prior to its expiry, the parties will, within 20 days after the receipt of such notice or such other period as is mutually agreed upon by the parties, meet and negotiate in good faith and make every reasonable effort to conclude a Renewal Agreement. 3) Where notice has been given under clause 2 and the parties are unable to conclude a Renewal Agreement, either party may give notice to refer the matters in dispute to a Dispute Resolution Panel (the "Panel"). 4) It is the intention of the parties that the recommendations made by the Panel will contribute to the orderly, constructive and expeditious settlement of terms and conditions of employment. The parties believe that the process herein contained will promote the independent, impartial and professional exercise by Crown Counsel of their responsibilities under the Crown Counsel Act. 5) The Panel will be composed of one member nominated by the Association, one member nominated by the Employer and a chairperson selected by the Employer and the Association nominees. a) Each party will name their appointee to the Panel within seven days of receipt of written notice to refer the matters in dispute to a Panel. b) If either party fails to name their appointee, or the two appointees fail to agree upon a chairperson within seven days of their appointment, the appointment shall be made by the Chief Justice of the Supreme Court of British Columbia. 6) The Employer and the Association will share equally the costs of the Panel and will each be responsible for the costs of their own nominee to the Panel. The Employer and the Association will each be responsible for their own costs of participating in the process. 7) The Panel will convene a hearing within 60 days of its appointment, or such other period the parties may agree upon. 8) The Panel will publish its report and recommendations with respect to the issues referred to it, within 14 days from the completion of the hearing. 9) Where the Panel is unable to prepare a unanimous report and recommendations, the report of a majority of the Panel shall constitute the report of the Panel, but if there is no majority report then the report of the chairperson shall constitute the report and recommendations of the Panel. 10) The Panel shall provide its report and recommendations to the Employer, the Association and the Attorney General immediately upon its completion. 11) For the purpose of this agreement "Minister" shall mean the Attorney General on behalf of the government. 12) The Minister may reject the report and recommendations of the Panel on a reasoned basis by delivering a written rejection to the parties within 21 working days of the receipt of the report. 13) If the Minister does not reject the report and recommendations of the Panel in accordance with clause 12, then the report and recommendations of the Panel shall be implemented and the Current Agreement will be amended to include the recommendations in the report to constitute the Renewal Agreement. 14) If the Minister rejects the report and recommendations of the Panel pursuant to clause 12, the Minister must lay the report and recommendations of the Panel and the written reasoned response before the Legislative Assembly, a) if the Legislative Assembly is sitting at the time of receipt of the report by the Minister within 14 days of the date of the receipt of the reasoned response, or b) if the Legislative Assembly is not then sitting or ceases to sit within 14 days after the date of the receipt of the reasoned response, within 14 days after the opening of the next session. 15) Where the Minister has rejected the report and recommendations of the Panel pursuant to clauses 12 and 14, the Current Agreement will be amended to include those matters upon which the parties agree and will constitute the Renewal Agreement. The Renewal Agreement will have a term of 2 years from the expiry of the Current Agreement. 16) Upon the expiry of the Renewal Agreement concluded pursuant to clause 15, the Association may terminate the process for agreement renewal in clauses 3 through 15 which will then have no application to the conclusion of the next Agreement. In that event, the Association shall have the right to withdraw prosecutorial services and the government shall have the right to apply obtain essential service designations under the provisions of the Labour Relations Code, R.S.B.C. 1996, c. 244 as amended. This clause shall survive the expiry of the Renewal Agreement.
All the functions, rights, powers and authority which have not been specifically abridged, delegated or modified by this agreement are retained by the employer.
TThe Employer shall deduct, on a bi-weekly basis, from the compensation payable to each Crown Counsel, a sum equivalent to the dues of the Association, fixed in accordance with its constitution, and shall within one month forward to the Association the total amount of dues thereby collected together with an accounting of those dues. Prior to the Employer deducting Association dues from Crown Counsel, the Association shall provide the Employer with an authorization form signed by each Crown Counsel providing for such deduction. Where dues deduction has been authorized, it shall occur on the first pay period following thirty (30) days of receipt of such authorization. The Employer will notify the Treasurer of the Association of the name and work location of all Crown Counsel appointed within thirty (30) days of their appointment.
Article 6: Disciplinary Action No Crown Counsel shall be disciplined without the matter first being discussed with the affected Crown Counsel
No complaint may be placed on Crown Counsel's personnel file without his or her first being advised of the complaint and given the opportunity of discussing the complaint with the Deputy Regional Crown Counsel, Director or Regional Crown Counsel. If the complaint is placed on Crown Counsel's personnel file, the Crown Counsel will be given the opportunity to attach a written explanation of the circumstances surrounding the complaint. Upon written request to Regional Crown Counsel, Deputy Regional Crown Counsel or Director, Crown Counsel's entire personnel file shall be made available to him or her for review and examination provided that such review and examination is in the presence of a person authorized for such a purpose by the Regional Crown Counsel.
Article: 8: Association Activities The Employer, or any person acting on behalf of the Employer shall not discriminate or seek to discriminate against any person because of membership in, or activities on behalf of the Association. The Employer shall grant paid time off to three representatives, appointed by the Association to the Association's Bargaining Committee, to carry on negotiations with the Employer regarding the renewal of this Agreement. The Employer recognizes that occasions may arise when a designated representative on the Association's Bargaining Committee is unable to attend at negotiations, and the Employer agrees to grant leave of absence with pay to an alternate representative on such occasions.
Article 9: Classification and Compensation The classification and compensation for Crown Counsel is set out in Schedule A.
The Sexual Harassment Policy and Procedures of the Employer currently in place shall apply to all Crown Counsel.
Article 11: Maternity, Parental and Adoption Leave Maternity, parental and adoption leave and leave allowances shall be the same as the leave and allowances applicable to excluded management employees under the Public Service Act.
Article 12: Extension of Leaves Regular Crown Counsel entitled to adoptive, maternity and parental leave shall be entitled to an extended leave of up to an additional six (6) months for health reasons where a doctor's certificate is presented. Such written request must be received by the Employer at least four (4) weeks prior to the expiration of the leave taken pursuant to Article 11.
Article 13: Leave Allowance Repayment To be entitled to the leave allowances described above, the Regular Crown Counsel must sign an agreement that he or she will return to work and remain in the Employer's employ for a period of at least six (6) months after his or her return to work. Should the Regular Crown Counsel fail to return to work and remain in the employ of the Employer for a period of six (6) months, the Regular Crown Counsel shall reimburse the Employer in full for allowance(s) received. Regular Crown Counsel who are unable to complete the six (6) months return to work required above as a result of proceeding on a subsequent maternity, parental or adoption leave shall not have moneys recovered from them providing they return to work for a period of not less than six (6) months following the expiration of the subsequent maternity, parental or adoption leave.
Effective January 1, 1995, Regular Crown Counsel shall be entitled to additional leave without pay of five (5) days per calendar year. Such leave may be deferred and accumulated over the current year for a period not exceeding five (5) calendar years from the date last used. Regular Crown Counsel who elect to take such leave must indicate, in writing to the Employer, his/her intention to do so no less than four (4) weeks prior to the taking of the additional leave. The scheduling of such time off shall be by mutual agreement. Regular Crown Counsel who take additional leave pursuant to this Article may maintain coverage for medical, extended health, dental, group life and long term disability by paying the premium for such coverage.
Effective April 1, 2001, Crown Counsel shall be entitled to three (3) Earned Days Off ("EDO") and effective April 1, 2002 Crown Counsel shall be entitled to five (5) EDOs in each year (April 1 to March 31) of this Agreement. EDOs may be deferred and accumulated over a period not exceeding five (5) calendar years from the date last used. The scheduling of such time off shall be by mutual agreement. Crown Counsel may elect at any time to have banked EDOs paid out rather than taken. EDOs shall be at the salary in effect at the time taken or paid out.
Article 16: Benefits Continuation During maternity, parental, adoptive, and the extension of such leaves taken by Regular Crown Counsel, as above, the Employer shall maintain coverage for medical, extended health, dental, group life and long term disability, and shall pay the Employer's share of these premiums. Should Regular Crown Counsel fail to return to work and remain in the employ of the Employer for a period of six (6) months, Crown Counsel shall reimburse the Employer in full of the allowance(s) received. Regular Crown Counsel who are unable to complete the (6) months return to work required above as a result of proceeding on a subsequent maternity, parental or adoption leave shall not have moneys recovered from them providing they return to work for a period of not less than six (6) months following the expiration of the subsequent maternity, parental or adoption leave.
Article 17: Entitlements Upon Return to Work Vacation entitlements and vacation pay shall continue to accrue while Regular Crown Counsel is on maternity, adoption or parental leave providing that Regular Crown Counsel returns to work and remains in the Employer's employ for a period of not less than six (6) months. Regular Crown Counsel who are unable to complete (6) months return to work required above as a result of proceeding on a subsequent maternity, parental or adoption leave shall be credited with their earned vacation entitlements and vacation pay providing the employee returns to work for a period of not less than six (6) months following the expiration of the subsequent maternity, parental or adoption leave.
Article 18: Preparation for Court Crown Counsel shall be allocated adequate preparation time for Court, as required to discharge his or her professional responsibilities.
Article 19: Part-Time Crown Counsel Part-time Crown Counsel shall have equal access to all available Court and administrative assignments consistent with their qualifications, experience and flexibility of their hours of work. Part-time Crown Counsel shall be entitled to the benefits of full time Crown Counsel prorated where applicable.
Article 20: Auxiliary Crown Counsel (a) The provisions of Articles 11-14, 16, 17, 23 and 24 do not apply to Auxiliary Crown Counsel. (b) The rates of compensation outlined in Schedule A of this Agreement shall apply to Auxiliary Crown Counsel. (c) Notwithstanding (a) above, Auxiliary Crown Counsel who have completed twelve (12) consecutive months of full-time work and who are employed for work which is of a continuous full-time nature, shall be eligible for coverage under Articles 11-14, 16, 17, 23 and 24. The provisions of Articles 23 and 24 will be prorated for the period of time subsequent to eligibility to regular employee status on a full-time or part-time basis. Law Society fees and professional development allowance will be prorated for the period of time subsequent to eligibility. It is understood that "consecutive months" includes any period that an Auxiliary Crown is absent from work on an approved leave (e.g. vacation, maternity leave, etc). The service date for Auxiliary Crown Counsel who have converted to regular employee status shall be their original date of hire as an Auxiliary Crown Counsel. (d) The Employer agrees to meet with representatives of the Association to review the circumstances of auxiliary Crown Counsel as specified below: (i) the review date shall occur on the first of the month following the signing of this agreement (ii) Crown Counsel whose work is of a continuous nature at that time shall be converted to regular employee status (iii) there shall be a further review on each anniversary of the meeting referred to in (i) above.
It is agreed that Crown Counsel shall not be required to relocate from one Geographic Location to another without his or her consent.
All positions for Regular Crown Counsel positions, or long-term secondment opportunities (seven (7) months or longer duration) in the Branch will be circulated to every Crown Counsel office for distribution or posting in a prominent location in each office.
The Employer shall pay the annual Law Society of British Columbia practice fee on behalf of Regular Crown Counsel. Counsel who are hired after January 1 shall have their practice fees reimbursed on a prorated basis.
Article 24: Professional Development Allowance Effective April 1, 1994, each Regular Crown Counsel shall be granted an amount of $300.00 (increased to $400.00 effective April 1, 2000 and $500.00 effective April 1, 2001) for use during the fiscal year for the purpose of purchasing books, computer software, payment of Canadian Bar Association section fees, taking continuing legal education courses, or such courses or conferences which are relevant to his or her duties as Regular Crown Counsel and incidental expenses including deposits attached thereto. Each Regular Crown Counsel shall be granted an additional $100.00 for use during each fiscal year for professional development. The specific use to which this additional allocation will be put will be determined jointly between the Branch and the Association. Nothing in this section prohibits the Branch from assigning Crown Counsel, with his/her consent, to attend courses or conferences which the Employer agrees to fund at an expense in excess of the allocation. The Letter of Understanding Re National Criminal Law Program, attached hereto, shall continue from Agreement to Agreement unless cancelled or amended by mutual agreement.
Article 25: Education Committee The Employer agrees to establish a Joint Education Committee to determine the use of the additional professional development allocation established pursuant to Article 24. The Education Committee will consist of four people, at least two of whom will be appointed by the Association.
Article 26: Annual Conference Representatives of the Branch and the Association shall organize an annual Crown Counsel professional development conference. The cost of the conference shall be borne by the Branch. Crown Counsel shall be given the necessary leave with pay to attend the annual conference.
Article 27: Joint Standing Committee There shall be a Joint Standing Committee which shall meet at the call of either the Branch or the Association to discuss matters of mutual concern to the Association and the Branch.
The Letter of Understanding Re Indemnity of Crown Counsel, attached hereto, shall continue from Agreement to Agreement unless cancelled or amended by mutual agreement.
Article 29: Grievance and Arbitration For the purpose of the Agreement "grievance" shall mean any difference or dispute arising between the parties to this Agreement concerning the interpretation, application, administration, operation, or alleged violation of this Agreement, whether between the Employer and Crown Counsel or the Employer and the Association, and "grievor" shall mean either the individual Crown Counsel or the Association. It is agreed that the following matters are not grievable under the terms of this Agreement (a) rejection on probation Step One The grievor may seek to settle the dispute informally with an excluded supervisor, either with or without a representative of the Association in attendance. Such informal settlement shall not be used as a precedent by either party. In the event that the dispute is not settled under this step, the Crown Counsel may proceed with a formal grievance under Step Two. Step Two The grievor may submit a grievance in writing, describing the nature of the complaint and a remedy required, to an excluded representative of the Employer, within 30 days after the date: (a) on which the grievor was notified orally or in writing of the action or circumstances giving rise to the grievance; or Step Three If the grievor has not received a reply to Step Two by the due date, or continues to be unsatisfied with the decision at Step Two and wishes to proceed further, the Association shall submit the grievance to the Assistant Deputy Attorney General responsible for the Criminal Justice Branch within 14 days after the time for completion of Step Two. The Assistant Deputy Attorney General responsible for the Criminal Justice Branch shall provide a written response to the grievance within 14 days, to the Crown Counsel and to the Association. Step Four - Arbitration Failing satisfactory settlement at Step Three, the Association may, within 30 days after the time for completion of Step Three, inform the Employer of its intent to submit the dispute to arbitration for a final and binding decision. Arbitration Where a grievance has been referred to arbitration, the Association and the Employer shall, within 14 days, agree upon a single arbitrator who shall have the power to determine whether a matter is arbitrable within the terms of the Agreement and to settle the question to be arbitrated. Failing agreement on the appointment of the arbitrator, the appointment shall be made by the Chair of the Labour Relations Board of British Columbia. The arbitrator may determine procedure, including all pre-hearing procedural matters, and shall give full opportunity to both parties to present evidence and make representations. The arbitrator shall make every effort to render a decision with 30 days of the conclusion of the hearing. The decision of the arbitrator shall be final, binding and enforceable on both parties and on any employee(s) affected by it. The arbitrator shall not have the power to alter, modify or amend any of the provisions of this Agreement. Should the parties disagree as to the meaning of the arbitrator's decision, either party may apply to the arbitrator to clarify the decision. The arbitrator shall make every effort to do so within seven days of receipt of the application. Each party shall pay one-half of the fees and expenses of the arbitrator. Termination and Discipline Arbitration The grievance/arbitration provisions of this Agreement shall apply to disputes relating to discipline or the termination from employment of a Crown Counsel. In such cases, the burden of proving just cause rests with the Employer. The Employer shall provide the Crown Counsel with notice of the discipline or termination in writing and set forth the reasons. Where an arbitrator determines that discipline other than termination was not for just cause, he shall have the authority to order that the discipline be rescinded or substitute some other form of discipline. Where an arbitrator determines that termination was not for just cause he shall award damages based on common law principles, unless the Association persuades the arbitrator that reinstatement is the appropriate remedy in all of the circumstances. Procedural Errors and Time Limits A grievance shall not be invalidated due to procedural errors provided such errors have no essential bearing on the substance of the grievance. Time limits in each step of the grievance/arbitration procedure may be extended only by mutual agreement in writing between the Association and the Employer. An arbitrator may relieve on just and reasonable terms against breaches of time limits or other procedural requirements set out in this agreement.
In accordance with the regulations established by the Workers Compensation Board, the Parties will instruct a Committee to review the matter of employee safety while travelling to or from their workplace. The Committee will make recommendations regarding the establishment of policies and/or procedures to eliminate or minimize such risk to employees. Where elimination of such risk is not reasonably possible, the Committee may make recommendations to either manage or avoid the risk. |
Revised Schedule A