Members are being mandated to come into the office four days a week
The Association of Justice Counsel has filed a policy grievance over an employer’s memo requiring LPs to go into the office four days a week.
The mandate is set to take effect on July 6. Members were sent an email regarding the requirement on February 5.
AJC said it did not receive prior notice of the change; nor was it consulted even though the employer was obligated to do so per the LP Collective Agreement. Its grievance tackled this oversight as well as what it called the “bad faith manner” by which members were informed of the mandate.
The AJC said that per the agreement, a “meaningful” consultation should be held regarding workplace changes impacting members’ working conditions – including issues related to workplace presence and office space. The employer did not consult the members on office space arrangements as stipulated in the agreement.
The organization highlighted the challenge of increasing the onsite presence requirement to four days given that most workplaces had adopted hybrid setups did not support this.
“Lawyers working in the federal public service carry professional responsibilities, including strict obligations related to confidentiality, information protection, and the handling of privileged materials,” the AJC said in a statement. “Any increase in onsite presence must be accompanied by proper planning, consultation, and a clear assessment of whether departments have the infrastructure and workspace required to support these obligations.”
It emphasized that such significant changes could not be implemented unilaterally.
The employer said the email indicated only an intent to increase the workplace presence requirement. However, the AJC countered that the employer did not consult with the organization before making the announcement.
“The content of the message itself, along with subsequent departmental communications, indicates that a decision had already been made,” the AJC said.
The organization’s policy grievance pushed back against this approach and sought corrective action, including enforcing compliance with the LP Collective Agreement and the employer’s obligation to consult. The AJC said that if the employer implemented the requirement, it would file more grievances over fallout from the decision, such as health and safety issues, possible discrimination, and the persistent inaction on consultation.
The AJC represents over 3,500 federal lawyers and prosecutors.
