National Representative, Regional Arbitration Fund (FRSQ) – Montreal office

Please be advised that we have an opening for a temporary National Representative in the Regional Arbitration Fund (FRSQ), working in the province of Quebec.

Anyone interested in being considered for this position should notify my office in writing, no later than 5:00 p.m. ET on Thursday, September 5, 2024. 

General responsibilities

Represent locals that have chosen to join the FRSQ throughout their different legal

cases, in accordance with the services covered under the FRSQ Rules, namely :

  • Grievances (under the Labour Code of Québec or the Canadian Labour Code) – disciplinary or administrative measures (including termination), harassment, interpretation grievances, grievances pertaining to various benefits (collective insurance, retirement plans, travel indemnities, etc.);

  • Complaints filed under sections 12, 15 and 47.2 of the Labour Code;

  • Complaints filed under sections 37. 94 and 97 of the Canadian Labour Code;

  • Judicial reviews in the aforementioned cases where applicable, in front of the Superior Court, Federal Court or Federal Court of Appeal.

  • Evaluate the chances of success of all grievances under your responsibility (decide whether the grievances should be referred to arbitration or not);

  • Draft arbitration recommendations to justify why some grievances were not referred to arbitration;

  • Prepare examination and cross-examination plans for expert and ordinary witnesses, according to the established theory of the case;

  • When necessary, draft mandates for expert witnesses, mandate said expert, and review the expert’s report;

  • Submit necessary evidence in order to fulfil the union’s burden of proof for cases referred to arbitration;

  • Conduct legal and case law research, prepare books of authorities and prepare a plan for arguing the case;

  • Draft procedural documents and correspondence intended for arbitrators, administrative judges and opposing counsel;

  • Upon reception of an arbitration award or decision of an administrative tribunal which is unfavourable to the union, analyze the chances of success of a judicial review;

  • Advise locals and plaintiffs when it appears that a case could lead to a settlement;

  • Draft or review Release and Settlement Agreements;

  • Draft legal opinions pertaining to matters involving collective agreements for locals that have chosen to join the FRSQ;

  • Provide legal updates, prepare and conduct internal training sessions;

  • Work on all the cases entrusted to you autonomously and independently 

  • All other related tasks.

Job requirements and necessary skills

  • Possess relevant and good knowledge of applicable labour laws;

  • Since being hired, have regularly presented cases in front of arbitration tribunals and administrative labour tribunals (TAT, CIRB);

  • Possess good knowledge of relevant legislation: labour case law and procedural rules (arbitration tribunals, TAT, CIRB);

  • Have attended all the available training sessions pertaining to rules of evidence and procedure offered by Unifor or by the FTQ (or any other training deemed equivalent);

  • Good written and verbal French;

  • Ability to work constructively with the FRSQ team, service representatives and locals;

  • Practice of confidentiality and respect;

  • Good analytical skills;

  • Advanced legal research skills (CanLii, SOQUIJ, La Référence, Quicklaw, WestLaw).

Assets

  • Certificate in Law or Bachelor of Law;

  • Bilingualism.