Friday, November 15, 2024

Sharks or Servants?

Legal counsel is seldom held in high regard, but CLAC wouldn’t be here without the work of two outstanding lawyers

By Henk de Zoete, National Board President

In the eyes of a lot of people, lawyers are a pain. They can stand in the way of progress through endless court cases, represent unsavoury clients, and sometimes become corrupt and disrupting politicians. This generally negative impression of the legal profession is captured in the joke, “How did the lawyer escape the shark attack? Professional courtesy.”

However, there are many lawyers who defend the innocent or move forward proposals and projects that advance progress in areas of need. And many have become honourable politicians who use their skills to put in place legislation that advances the common good.

My thoughts turned to this subject after the passing this summer of one of CLAC’s most distinguished lawyers. William (Bill) Herridge was our chief legal counsel in Ontario during the turbulent and critical growth years of the 1970s and ’80s. He defended members’ right to work on the construction sites on which their contractors had been the successful bidders. His deep knowledge of labour law, keen sense of facts, and thoughtful and gentlemanly presentation of a case resulted in the removal of many illegal picket lines and other barriers. He represented CLAC, not only as a professional, but also out of deep conviction and respect for the principles and values from which CLAC operates.

It’s surprising and discouraging that today some “progressive” provinces and cities still discriminate against CLAC-signatory contractors by not allowing them to bid on publicly funded projects. Yet, that is the sad situation in which we ﬁnd ourselves.

However, Bill Herridge would not have worked for CLAC at all if another sharp and committed lawyer hadn’t successfully convinced Ontario’s highest court that CLAC was not a discriminatory union. In the early 1960s, Ontario’s labour board had ruled against recognizing the labour union status of CLAC. The board said our positive Christian philosophy about the nature of work and labour relations discriminated against non-Christians.

In a brilliant analysis of this decision, our lawyer, B. J. MacKinnon, successfully argued that the board had turned the relevant antidiscrimination legislation “on its head” to discriminate against CLAC! This resulted in Ontario’s chief justice ﬁnally granting us legal recognition and status.

Over the now more than 70 years that CLAC has grown and evolved into the robust union we now are, we have, and continue to be, ably represented by many lawyers and legal ﬁrms in all regions. In addition, we now also have lawyers and paralegals on staff. This allows your representatives quick access to expert legal advice and strategy to deal with grievances, health and safety issues, workers’ compensation, and other workplace concerns. Negotiations impasses also often beneﬁt from consultation with one of these legal experts.

Sharks or servants? CLAC has always had a high view of the legal profession. We go out of our way to scrutinize our lawyers carefully for their integrity, alignment with our values, legal knowledge and competence, and their ability to relate to members. After all, we engage them to serve the union and protect your interests. So, no sharks on our ship!

Sharks or Servants?

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