Rocky View County has filed an application for a judicial review against the firefighters’ union (Local 4794) and the Alberta Labour Relations Board following the board’s decision that found the County in breach of an Alberta labour law.
The application, which was filed with the Court of Queen’s Bench Nov. 25, challenges the fairness of the board’s decision that RVC had been bargaining in bad faith regarding the June layoffs of 11 full-time firefighters.
“Although the County is prepared to accept the decision of the labour board, there were aspects of the decision that we did not agree with,” said Grant Kaiser, the County’s communications manager. “We filed the application for judicial review to simply preserve our right to a review in the event we cannot reach a resolution.”
The judicial review is set to run at the Court of Queen’s Bench on Feb. 12, 2014.
The application for a review took the firefighters’ association by surprise, said Lorne West, vice president of District 6 with the International Association of Fire Fighters.
“There are very few judicial reviews followed through on and even fewer ever having been won,” he remarked.
“In my 35 years at this, I know of one in the fire sector and in that case the judicial review merely referred the matter back to the arbitrator with more detailed instructions.”
The decision of the labour board, which was released Oct. 25, did not reinstate the laid-off firefighters. Instead, the board ordered Local 4794 and County administration to re-enter negotiations.
According to the board’s decision, the breach of the labour code was not in laying off the firefighters, but in County administration’s untimely disclosure of the decision to layoff during the bargaining process with the union.
Evidence reviewed by the labour board found the County made the de facto decision to layoff 11 full-time firefighters and eliminate 12 full-time positions on May 7, or alternatively on May 27.
However, the decision to layoff was officially disclosed to the union on June 13.
A resolution conference between the two parties was held Dec. 2.
“We are committed to the direction set out in the labour board decisions and it is our hope the judicial review is not required,” Kaiser remarked.
Kaiser’s optimistic sentiment was echoed by West.
“We are hopeful that we can find a resolution,” said West.
“The Local has always been willing to work with the County to find an appropriate and fair method of dealing with any and all concerns (the County) has.”
