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Servicethe Star The Official Newsletter of the British Columbia Mounted Police Professional Association Volume Fifteen Issue One Winter-Spring 2009 Judge MacDonell rules: “RCMP members have the right to form Association and engage in collective bargaining. Section 96 RCMPA is unconstitutional but grants government an 18 month reprieve.” — Judge MacDonell EDITOR’S NOTE: As the newsletter was set for printing we received word that the decision was made. The entire 38 page decision will be posted on the website for your information. Below we included one of the paragraphs that we felt it illustrates what this decision means and the point form reasons. The authorities discussed above establish that members of the RCMP have a constitutional right to form an independent association for labour relations purposes, free of management interference or in- fluence. Any attempt to interfere with the exercise of that right Highlights would infringe ss. 2(d) of the Charter. Further, subject to the prin- ciples of majoritarian exclusivity, freedom of association in the labour President’s Corner ... 3 relations context requires management not only to receive the rep- Palango Responds ... 6 resentations of an independent association with respect to the RCMP Makeover ...... 8 conditions of employment but also to engage in good faith negotia- Police Day ............. 10 tions. That is, subject to s. 1 of the Charter, the freedom of association For Your Information ........... 12 guaranteed to members of the RCMP carries with it a right to a Disability process of collective bargaining. Pension and Superannuation ..... 15 Our Mission The B.C. Mounted Police Professional Association is comprised of regular and The BCMPPA civilian members of the Royal Canadian is a proud Mounted Police. member of We provide a forum to identify, debate the Canadian The Service Star is produced and and reach consensus on professional and published by the B.C. Mounted employment concerns. Police Police Professional Association Association, (BCMPPA). We seek the right to engage in free col- lective bargaining with our employer, a which Articles appearing in this publica- tion may be reproduced with the right enjoyed by all police officers in represents appropriate credit being given to Canada, except the RCMP. We do not 54,000 police the author. seek or support the right to strike. The opinions and comments ex- members. We strive for excellence in our conduct pressed in The Service Star are and obligations. We provide leadership, those of the writers and are made in affiliation with the Canadian Police As- without prejudice. They are not sociation, on justice issues which affect necessarily the position of the the quality of life of all Canadians. BCMPPA or its Executive. BCMPPA EXECUTIVE: President: Patrick Mehain Vice President: Rob Creasser Profile Treasurer: Kimberly Russell Secretary: Vacant Directors: Brendan McKenna The B.C. Mounted Police Professional Association used to be known as the Find the Al Roy Dan Sandhar “E” Division Members’ Association. CPA on the Newsletter Editor/Administrative We are a professional association looking web at Assistant: Dan Petre out for the interests of employees of the Royal Canadian Mounted Police stationed www.cpa- in British Columbia (“E” Division). acp.ca CONTACT INFORMATION: P.O. Box 76004 Langley, BC V1M 4B7 Phone: (604) 460-6402 Fax: (604) 460-6403 website: www.mppac- acpmp.com 2 the Service Star Winter-Spring 2009 President’s Corner by Pat Mehain In the last newsletter I was noting how that provides for me and my family. We quiet it had been in the previous few put ourselves in danger every day to make months. What difference a few months this a better country to live in and it is not can make. Of course the big item on too much to ask for a contract that will be everyone’s mind is the raise roll back. We honored. At the end of the day the money have been told that our raise was rolled will not make much of a difference for back due to economy’s downturn. The many of us but it is the way this was same economic problems are experi- handled and was just forced down our We have been enced by cities and provinces from coast collective throats. And as a last point on told that our raise to coast. In spite of this, municipal and the raise rollback. I applaud the SRRs for was rolled back provincial police members across the their action on this. However, I am not due to economy’s country are getting their respective pay hopeful that anything will change until the raises. And we all know why that is – a SRRs recognized that the system is flawed. downturn. The negotiated contract. To add insult to the We are at the whim of the government same economic injury our senior managers are rumored and the Senior Executive. problems are to receive their substantial bonuses and The court challenge in the Ontario experienced by no wage rollback. Let’s see our Senior Supreme Court took place between Dec Executive publicly turn down these cities and prov- 8-11. Laura Young and Martin Doan pre- bonuses. I wrote a letter to our Commis- inces from coast sented the case on our behalf and on sioner expressing my concern over his behalf of our sister association the to coast. In spite lack of action on our behalf and his one Mounted Police Association of Ontario. of this, municipal line response reinforces there has been Our other sister association The Quebec and provincial no real change within the RCMP (see the Mounted Police Association and the email and his response in the “From the police members Canadian Police Association also made Mailbox” section). I have spoken to sev- across the country submissions as interveners. The case eral of you about the raise roll back and focused on the exclusion of collective are getting their understand everyone’s frustration. That bargaining rights for members of the respective pay being said there are some of you out RCMP, and the denial of rights to freedom raises. And we all there that “feel bad” we are being paid of speech for members who are prohibited our current wages while some people know why that is to speak out against the RCMP. Recent they know have lost jobs. My only re- – a negotiated cases in the Supreme Court of Canada and sponse to this is you should not feel bad the Ontario Court of Appeal have held contract. for providing for your family or for get- that the Canadian Charter of Rights and ting paid what you deserve. Nobody in Freedoms includes collective bargaining the private or public sector would turn as a fundamental right within the freedom down a raise simply because the RCMP of association, which strengthens the case had their raise rolled back. In another in- we have brought forward. The govern- stance a junior member was told by an ment has argued that there are bona fide NCO that we have to do our part and to reasons to exclude the RCMP due to their sit back and not make noise about this. national responsibilities, and submitted Are you kidding me?! When will some of that the current divisional representative these dinosaurs retire! I will not apologize system constitutes “collective bargaining”. to anyone for wanting to make a living Continued on page 4 Winter-Spring 2009 the Service Star 3 The lunacy of this latter point was cer- will be advising us and this issue will tainly demonstrated within hours of the finally be put to rest. What does it mean? hearing, when RCMP Commissioner Elliot Well for some it doesn’t mean much as issued a broadcast to all members of the you already use your current work place ... standards are RCMP, announcing that Treasury Board for your insurance and driver’s licence being set for all was unilaterally reducing previously info. That being said your various detach- announced pay increases for all RCMP ments have the right to return any and all police forces in members. We are anticipating a ruling in mail to sender as you are not an occupant the province. This March. I spoke to members who attended of the detachment. Once this regulatory means that every some of the proceedings and they feel change is completed you will be legally police service will that the ruling could be in our favour able to change your addresses and the have to be able to based on the Crown’s weak submissions. detachments won’t be able to force you Of course with a favourable ruling we to change that. provide all services can expect an appeal and once that is The regionalization/integration topic required ( PDS, concluded (10-12 months down the road) was discussed once again with the high- ERT, Ident, etc). the real work will begin. We will need est levels of the provincial government. each and every one of you to encourage If a police service Regionalization will not be happening a coworker to join the Association and cannot provide anytime soon. Efforts are being made to get the word out. Many mangers still refer this they must streamline and harmonize integration. As to us as radicals or extremists. Every time part of this there are efforts underway to enter into a they do they reveal their ignorance and bring the RCMP in B.C. under the OPPC. contract with fear. We only seek fair representation free There are several obstacles for this such of manger interference and collective bar- another agency to as the RCMP Act, transfers etc. The Police gaining. If that is extreme or radical then provide these Services office is looking at this and it is the other 54,000 police officers in this understood that conditions to renew the services.

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