Unions lose bid for injunction on wage-control bill

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This article was published 19/07/2018 (2353 days ago), so information in it may no longer be current.

A coalition of 25 labour unions has lost its bid for a court injunction to immediately block the Manitoba government’s public-sector wage-control bill.

Court of Queen’s Bench Justice James Edmond ruled Friday there was insufficient evidence Bill 28 clearly violated the Charter of Rights and Freedoms.

The unions had sought an injunction until a larger court case could be heard to challenge the constitutionality of the bill.

The Public Services Sustainability Act (PSSA), passed in the Manitoba legislature last year, has yet to be proclaimed into law.

It imposes four years of wage controls on new collective agreement for 110,000 Manitoba public-sector workers.

Salary increases and improvements to benefits are to be zero for the first two years. In the third year, a maximum pay increase of 0.75 per cent is permitted, and in the fourth year, a maximum increase of one per cent is allowed.

Edmond ruled the trial to determine the constitutionality of the Public Services Sustainability Act will proceed on an expedited basis.

He has summoned lawyers for the two sides to meet with him Aug. 31 to set a trial date.

Kevin Rebeck, president of the Manitoba Federation of Labour (MFL), said he was not entirely surprised by the ruling.

A successful injunction exempting parties from legislation before the case goes to trial is difficult to obtain. The courts set a high bar for issuing such directives and rarely grant them.

“We knew this was a stretch for us to get an injunction, but we were determined to stand up for public-sector members every way we can,” Rebeck said.

Rebeck said he’s pleased the judge ruled the trial on the PSSA’s constitutionality will proceed on an expedited basis.

“We’re hopeful that means (sometime) in the next year,” he added.

Union and government lawyers argued their case for and against an injunction before Edmond in May.

“The government has the right to legislate in the field of collective bargaining, in the field of labour relations, in the field of associational activity in the workplace, to the point of substantial interference,” government lawyer Heather Leonoff argued this spring.

She said Bill 28 does not violate the constitutional test of substantial interference in bargaining.

Garth Smorang, the lawyer representing the unions, contended Canadian courts have consistently supported workers’ rights to collective bargaining free from government interference.

He said if the judge granted the injunction bargaining would proceed normally, with employers unable to claim they were negotiating within the terms of Bill 28 — without putting themselves in the position of bargaining in bad faith.

Finance Minister Cameron Friesen said the government is pleased with the decision and is looking forward to ongoing public-sector collective bargaining.

“Our approach will continue to be guided by our commitment to repair and protect the front-line services Manitobans depend upon, while avoiding tax increases,” the minister said. “We have always said this effort will require everyone to do their part.”

The Progressive Conservative government led by Premier Brian Pallister has promised to balance the province’s books by 2024.

This year, the province is expected to incur a summary budget deficit of $521 million.

larry.kusch@freepress.mb.ca