Parliament misses Supreme Court deadline for RCMP union bill

Sixteen months after the Supreme Court of Canada ruled that Mounties have the right to collective bargaining, Mounties nowhave even less of a voice when dealing withmanagement.

In January2015, Canada's top court gave the federal government one year todraft new legislation topermit RCMP officers to form a union or associationand engage in meaningful negotiation with top brass.The previous government did little on the file before the federal election, sothe Liberals asked for an extension.

The extension expired yesterday and hasleft Mounties in labour relations limbo, according to University of Ottawa law and businessprofessor GillesLeVasseur.

"What is their legal status, what are the rights and privileges that they do have and how clearly is it spelled out?" LeVasseur said toCBC News.

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Bill C-7, the RCMPunion legislation,passed report statein the House of Commons last week after the government cut off debate.

Next stop is the Senate, but Conservative SenatorVern White saidhe and his colleagues have already started hearing from front-line officers unhappy withthe bill. White saidhe is among those who will push forchanges to the legislation.

Exclusions leave little to be negotiated

Bill C-7 wouldexclude a long list of issuesfrom the bargaining table, such as staffing levels, harassment and equipment.

"I think there are pieces of that, that I think we in the Senate will look at closely and ask whether it's fair that they're excluded from bargaining," said White.

Critics say the billin its present formwould only permit RCMP members to negotiate pay and benefits. The RCMP remains, to date, the only non-unionized police service in Canada.

LeVasseur saidit is "abnormal"to see so many limitations on collective bargaining.

"Work harassment, sexualharassment these arefundamental issues that needto be looked at and probably discussed. And there's a whole thing of disciplinary measures also that needs to be part of a collective agreement. It's like that in every other workforce," he said.

The concerns are among those MPs heard during parliamentary committee hearings over the last few weeks. They agreed to remove two contentious clauses that would have altered RCMP health benefits for members injured on the job, but they did not touch the exclusions.

White said RCMP management shouldn't fear negotiating with its members. He speaks from experience, havingservedas police chief in Ottawa and Durham Region inOntario after retiring from the RCMP as an assistant commissioner.

White said working in a transparent unionized environment was "easy"and thatleaving many issues open for negotiation is good strategy.

"When Iwas the chief in Ottawa, if all we could negotiate was pay and benefits. I can guarantee you that the pay and benefits costs would go to the top every time, because that's all they would have beenchasing. You want them to have other things they can pursue, realistically," said White.

Time shortbefore summer recess

As it stands now, with so many exclusions to examine, White saidhe's not sure when Bill C-7 will become law.

"I'm actually a little bit concerned about whether or not the bill will get through the Senate before the summer break," White said.

LeVasseur saidthat would be bad news for Mounties, because theRCMP brass has already disbanded the existing staff relations representative program, leaving officers without a singleunitedvoice to deal with management.

"Are [senators]entitled to go on recess, summer vacation and not have this problem solved? That will be a key issue. If they're saying noand continuing, that's good. But if they're going two, three months on vacation could that be considered bad faith?" asked LeVasseur.

RCMP Commissioner Bob Paulson has said he decided to disband the 41-year-old staff relations program because the Supreme Court ruled it unconstitutional. As of today, it is formally replaced by another management-created regime called the member workplace services program. Until Mounties choose whether to unionize, it will provide individual advice, support and guidance to officers with issues in the workplace.