Job Specification

Purpose of Position :

To provide legal counsel and policy advice to the Board on the administration, application, interpretation and revisions to the Act, Regulations, other statutes administered by the Board, the Board's Rules of Procedure, policies and practices; to contribute to policy and legislative development and to appear on behalf of the Board before the Courts.

Duties / Responsibilities :

Initiative and judgement must be exercised in the presentation of legal opinions, in assisting Board Members with the writing of decisions, in contributing to Labour Board policy development, in the recommending and drafting of revisions to the Rules and policies and in representing the Board as counsel in judicial proceedings. The incumbent must consider the effect of precedents and revisions in legislation on Board activities and the whole field of labour relations. In acting as Board Counsel, the incumbent must consider the pertinent facts of the case, the strength of the Board's ruling and the likely approach of the applicant and the courts to the matter. New developments in labour relations and changes in Legislation limit the usefulness of precedents. Furthermore, precedents are often set at the Board rather than by other jurisdictions. The incumbent is expected to perform most duties without supervision and with a minimum of assistance.

The consequence of errors is significant. Errors in legal opinions could lead to faulty decisions by the Board and be detrimental to the Board's effectiveness and credibility. Inept handling of Ombudsman Inquiries could embarrass the Chair and Minister and cause additional litigation before the Board. Poor judgement in handling cases before the courts could disrupt the labour relations process, cause additional litigation, and adversely affect the public image of the Board.

1. Provides legal counsel and policy advice by;
- serving as legal counsel to the Chair, management and staff on the Labour Relations Act, its Regulations, and other statutes administered by the Board;
- providing policy advice to the Chair, Board members and staff relating to labour relations issues;
- reviewing cases with the Chair and Registrar, outlining issues and potential problems, and recommending Vice-Chairs for significant or sensitive cases;
- responding on behalf of the Board to inquiries of the Ombudsman, conducting the investigation, liaising with the Ombudsman staff and preparing a detailed written response;
- identifying and resolving potential legal issues, researching and analyzing case law and recommending appropriate action.

2. Contributes to the Labour Board policy strategies and development by:
- recommending on own initiative from awareness of issues and concerns new and/or amended policies/Rules on labour relations and related matters;

3. Appears on behalf of the Board before the Superior Court of Justice and other courts and Tribunals by:
- Acting as Counsel for the Board, preparing and presenting oral and written arguments;
- making the initial preparation of materials for filing in Court;
- preparing Memorandum of Fact and Law (succinct legal argument to put the Board's position before the Court in the best possible light), bench warrants for witnesses who fail to appear,

4. Assists in providing guidance and instruction to articling students as required by the Law Society of Upper Canada by:
- developing nature of the program ensuring exposure of students to Board activities; - making exchange arrangements for articling students with participating law firm;
- chairing meetings of students to discuss their activities.

5. Participates in staff development and educational activities of the Board through:
- producing monthly the Ontario Labour Relations Board Reports which highlight precedent-setting cases and summarize by subject all cases from the previous month, for distribution to OLRB and MOL Staff, the legal community and subscribing parties interested in the labour relations field;
- preparing materials for monthly field staff meetings; lecturing and leading discussion groups;
- maintaining liaison with the Law Society of Upper Canada on education programs in labour relations, preparing papers, developing educations programs, speaking at conferences.

6. Participates in the general administration of the Board by:
- serving as a member of the Administrative Committee;
- supervising the information program of the Board including the preparation of responses to public inquiry;
- representing the Board at meetings of labour and management representatives and senior government officials.

7. Performs related duties such as:
- representing the Board, explaining procedures, and Board legislation to MPPs, union organizations, the public, other federal and provincial offices, the media (TV, radio and press), lawyers and law firms;
- as assigned.

Staffing and Licensing :

- Membership in the Law society of Upper Canada and entitled to practice law.

Knowledge/Skill :

Position requires thorough knowledge of labour and administrative law, particularly the Ontario Labour Relations Act and Regulations and the Board's Rules of Procedure, along with a good knowledge of parallel legislation in other jurisdictions; highly developed analytical and research skills; the ability to recognize and assess the legal implications in the Board's policy and administrative decisions and to provide alternative solutions; a keen awareness of the labour management situation in Ontario; ability to develop and draft policies, Rules and strategies; demonstrated ability to communicate effectively both orally and in writing; ability to analyze issues and to prepare and present legal arguments in Court; ability to organize and present seminars, speeches and discussions. Previous experience in labour relations gained through practice of labour law and/or academic employment.

Skills :

Please see Knowledge/Skill section above.

Freedom of Action :

N/A