Using a Toronto law firm to handle labour relations complaints in Moose Jaw frustrated Coun. Brian Swanson, who pointed out council had no say in the hiring of the firm.
Labour and employment firm Hicks, Morley, Hamilton, Stewart LLP (HMHS) was hired in 2016 on behalf of the Moose Jaw Firefighters Association to handle labour relations board (LRB) disputes, followed by other disputes over the next three years, according to a report presented to city council. The law firm has been paid $83,307.32 for assisting with the three main disputes.
During its Aug. 26 regular meeting, city council voted 5-1 to receive and file the report. Swanson was opposed, while Coun. Chris Warren was absent.
Council discussion
Council did not have any input into dumping its long-time law firm representative, MLT Aikens, and instead was told only afterward that HMHS had been hired to manage labour relations disputes and matters with the fire department, said Swanson.
He thought elected officials should have had input beforehand instead of simply being told about it afterward. Presenting a report to council and requesting the change would have introduced accountability and transparency into the process since councillors could have discussed this.
“I feel strongly about this. I’ve raised this concern many times to no avail,” he added, “and I welcome the opportunity to do so publicly.”
Swanson added he wasn’t criticizing HMHS’s work, but was simply being a proponent of using Saskatchewan-based law firms and of having elected officials make decisions.
The first time city hall used HMHS was actually in 2014, explained Al Bromley, director of human resources. There were no requests for proposal (RFPs) sent out when the law firms were changed. However, city hall continues to use MLT Aikens for other labour disputes.
“We felt Hicks, Morley, Hamilton, Stewart has been a leader in this type of work across Canada representing other municipalities such as Regina (and) Prince Albert … ,” he said, adding other municipalities recommended the Toronto law firm.
Background
On March 28, 2016, the municipality defended an unfair labour practice charge that the fire association had filed at the labour relations board. The board wrote its decision on June 17, 2016 stating the municipality had committed an unfair labour practice and was directed to negotiate a resolution with the association.
However, both parties had negotiated a resolution to all outstanding issues on June 14. The cost to use HMHS was $24,011.83.
The municipality presented a certification order amendment application to the labour relations board on Feb. 27 and 28, 2018, the report continued. At the conclusion of a one-year interim term, the fire association challenged the scope lines of the assistant chief positions.
The hearing was adjourned with no appointed date for resumption. This is because the LRB indicated, based on evidence presented, that the municipality had not demonstrated the assistant chief positions were out of scope of the union. The cost to use HMHS was $17,937.08.
The municipality defended another unfair labour practice charge at the LRB on May 23 and 24, 2018, and again on July 4, 2018, that the fire association filed. Since that earlier February hearing, the municipality had created a new supervisory model and opted for a two-officer supervisory model. This meant the assistant chief positions were eliminated.
To date, the report said, the LRB has not yet given its decision on this issue, leaving the fire department in limbo with implementing the two-officer supervisory model. The cost to use HMHS was $44,839.71.
Hicks, Morley, Hamilton, Stewart was also paid miscellaneous costs of $518.70 in 2017 for other labour relations disputes. The report did not say what those disputes were about.
The next regular council meeting is Monday, Sept. 9.
