Canadian Lawyer InHouse

DECEmBEr 2014 52 INHOUSE P ro f e s s i o n a l P ro f i l e present grievances at arbitration. CAW's legal team regularly conducted educational seminars for staff and local union officers on subjects related to the fil- ing, investigation, mediation, and arbitra- tion of grievances. "We're moving toward that model in the new union," says Gottheil. "All members of the legal department assist in staff training. It's an important part of the job." In a minority of arbitration cases, how- ever, a Unifor lawyer does attend, when "the judgment is made that there is a complicated issue of law or there's an element of the dis- pute that takes it out of the ordinary." Gottheil, 59, aspired to be a trade union lawyer from his youth in Montreal. His parents were "progressives" who trained as social workers, and his older brother was an organizer with the Confédération des syn- dicats nationaux (Confederation of Nation- al Trade Unions), the second largest trade union federation in Quebec. "In our household, politics and current events were always part of the discussion," he says. "I was interested in progressive is- sues from a young age. When I did my [B.A.] degree at McGill University, it became clear to me that the way I could make a contribu- tion was through the labour movement." After earning his law degree at Osgoode Hall Law School, Gottheil articled with the labour law boutique MacLean Chercover in Toronto. He remained with the firm during 1982-89. "I owe a lot to Barry Chercover, a very skilled lawyer and a good mentor," he says. "He facilitated my move to the CAW." The CAW, having worked with Gottheil as an outside counsel, turned to him in late 1989 when it decided to establish an in- house legal team. "The prospect of working in-house for a leading private-sector union, particularly the CAW, led at the time by Bob White, was an exciting one," he recalls. In a protracted, high-profile case, the CAW had to defend against a wrongful death lawsuit arising from the deaths of nine replacement workers in the bombing at the Giant Mine in Yellowknife in 1992. The Supreme Court of Canada finally ruled in the CAW's favour in 2010. The litigation and the appeals were handled by external counsel Sack Goldblatt Mitchell LLP. "I made sure to be an effec- tive liaison," says Gottheil. "I would consult with counsel, provide instructions to coun- sel, and refer what I was being told back to the leadership here." The plaintiffs accused the union of vicar- ious liability, based on the CAW's support for the miners' cause. "We provided the miners with financial assistance and moral support," says Gottheil. "But did that some- how translate to liability when that awful event occurred? Absolutely not. The [SCC] decision set out several rules that made good sense in terms of how do you examine liabil- ity in a union context when something like that happens." Gottheil was viewed by some in the labour movement as the "evil genius" behind the CAW's strategy of growing its membership by raiding other unions, such as the Service Employees International Union Canada. In 2000, SEIU Canada lodged a complaint 2 0 1 5 VIEW Brought to you by Canada's leading CLOs explore their challenges for the year ahead Read it in print or online at www.canadianlawyermag.com/inhouse CANADIAN LAWYER INHOUSE AT THE INTERSECTION OF LAW & BUSINESS Live on January 26 th La Law Law aw De Departmen men Ma a em D p TOMORROW'S LEADER aw Department Managemen DIVERSITY nt n DIVERSITY Diversity Diversity Com Comp mplian liance ce ersity ty ers y External Couns Di ersity Di rsity Counse sel Lit Lit itiga igation tomorrow's leader nsel ig nt aw Department Management aw Department Manageme DIVERSITY IVERSITY nt nt nt IN INNO NOVA VATO TO TO TOR D VA VA house Counsel ex in in-house de deals RISK DIV DIV I VOL.9 • ISSUE 4 • 08 . 14 AT THE INTERSECTION OF LAW & BUSINESS THE INNOVATION ISSUE AWARDS WINNERS OF THE 1st ANNUAL AWARDS CELEBRATING IN-HOUSE INNOVATION INDUSTRY SPOTLIGHT ACCESS COPYRIGHT'S NEXT CHAPTER IN CLOSING WOMEN GENERAL O 'LEAN IN' REEMENT # 40766500 CATIONS MAIL AGREEMENT # 40766500 Positioned Growth LAW DEPARTMENT MANAGEMENT HOW TABLETS FOUND A HOME IN-HOUSE INDUSTRY SPOTLIGHT CANADA'S FRACTURED VIEW OF FRACKING Legal departments are working side-by-side with business units to build for VOL.9 • ISSUE 1 • 02 . 14 for VIEW 2014 From left to right: Robyn Collver Leanne Geale Daniel Desjardins InHouseViewBlake_Dec_14.indd 1 2014-12-02 1:17 PM

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