Addictions Foundation of Manitoba - Locals 116-120, 378 - Bargaining Brief
Updated: Oct 14, 2021
Approx. Number of Members: 290
Current Contract Expires: March 23, 2019
MGEU Staff Negotiator: Colin Ghostkeeper
Elected Bargaining Committee Members: Area 2 : Kristen Porter (Local 116) Area 3: Olivia Neufeld (Local 117) Area 4: Alec Zebrun (Local 118) Area 5: Jarrett Yaworski (Local 378) Area 6: Donald Wallace (Local 119) Area 8: Jean Nemeth (Local 120)
LATEST BARGAINING NEWS
June of 2020, the Court of Queen’s Bench ruled that Bill 28, the government's wage freeze legislation, was an
unconstitutional violation of collective bargaining rights under the
Charter of Rights and Freedoms. Shortly after, the Manitoba government appealed that ruling
On October 13, 2021, the Manitoba Court of Appeal announced it was overturning the Court of Queen’s Bench decision in favour of workers.
The unions involved in the Partnership to Defend Pubic Services remain committed to standing up for all workers and our right to free and fair collective bargaining.
Next steps include reviewing the Court of Appeal’s ruling in detail, and over the next few weeks, meeting with other PDPS member unions to determine our next steps, including the possibility of an appeal to the Supreme Court of Canada.
Overview of Bargaining
In an effort to hear from as many members as possible, the Addictions Foundation of Manitoba - Locals 116-120, 378 Bargaining Committee asked members to email their proposal(s) to them by Tuesday, February 5, 2019 at 4:00 pm. Meeting were held throughout February to discuss and vote on all proposals brought forward.
The Committee then worked to pull together these proposals into a bargaining package to present to the employer.
The Addictions Foundation of Manitoba - Locals 116-120, 378 Bargaining Committee exchanged proposals and began negotiations with the employer on June 13 and 14, 2019. Since then, negotiations have been impacted by issues at the Civil Service Master bargaining table and throughout the public sector.
THE GOVERNMENT’S WAGE FREEZE LEGISLATION (BILL 28)
In 2017, the government announced that they would not consider giving any public service workers any general pay increase for the first two years of their new contract. So along with other Manitoba unions, the MGEU formed the Partnership to Defend Public Services to challenge the government in court they’re doing goes against Canadian laws – all workers have the right to negotiate a fair contract, including their wages.
trial was held over a few days in November 2019. MGEU President Michelle
Gawronsky took the stand as the 4th PDPS witness. Economists, other
labour leaders, labour relations experts, as well as several MGEU staff were
also called to testify.
All of this testimony added to the body of evidence placed before the judge, which already includes 37 affidavits and more than 100 pages of agreed upon facts.
In January 2020, the PDPS and the Government filed their written arguments with the court. Final arguments were heard over three days in February.
On June 11, a Court of Queen's Bench judge ruled in favour of the unions, agreeing that Bill 28 violated members' rights under the Canadian Charter of Rights and Freedoms.
On August 17, 2020, the Pallister government announced it would be appealing the judge's decision.
The government had until January 2021 to submit supporting documentation for its appeal by the end of January 2021 and the Partnership to Defend Pubic Services (PDPS) (which includes the MGEU and other public-sector unions) then had 30 days to file material in response.
On June 2, 2021, the Court heard from both
sides in the Appeal hearing. The PDPS legal counsel made the case, once
again, that the Public Services Sustainability Act (Bill 28) is
unconstitutional, as it denies public sector workers of their Charter
rights to sit down and negotiate fair wage increases with their
THE GOVERNMENT’S REFUSAL TO APPOINT A THIRD-PARTY ARBITRATION BOARD
The Civil Service Bargaining Committee exchanged proposal packages with the employer in March 2019 and negotiations began in mid-April. Almost immediately, these negotiations were frustrated by the Province’s refusal to discuss wages and benefits and their unwillingness to be up front about whether or not they intended to table the wage mandate contained in Bill 28.
As a result, the Civil Service Bargaining
Committee felt compelled to file for arbitration, which allows an independent,
third-party panel to hear arguments from both sides, and determine a contract
settlement. The Committee strongly believes that an independent arbitration board
will provide a fair outcome, setting aside the Province’s unproclaimed
legislation. This judgement has been reinforced by recent arbitration
settlements in Manitoba’s public sector.
After filing for arbitration, the MGEU began working with legal counsel to prepare the MGEU’s presentation on behalf of all MGEU Civil Service members.
However, in September 2019, the MGEU learned that the Minister responsible for the Civil Service is refusing to appoint an arbitration panel. In effect, the Minister was denying Civil Service members their legal right to arbitration.
This left the MGEU with no choice but to file an application asking the Court of Queen's Bench to order the government to appoint an arbitrator.
union and the Province filed written arguments on January 30, 2020 and made their case in front of the judge on February 27, 2020.
On April 16, 2020 the Court of Queen’s Bench ruled that the MGEU was entirely justified in seeking arbitration on behalf of Civil Service members. In her ruling,
Judge Keyser sided firmly with the union and directed Finance Minister
Scott Fielding to appoint an arbitration panel as clearly outlined in
the Civil Service Act. Shortly after, the government advised that they would be appealing the decision.
On April 13, 2021, the Court of Appeal confirmed that the MGEU had a right to have an interest arbitration board appointed to determine the terms and conditions of the next Civil Service collective agreement.
This victory meant that MGEU Civil Service members would finally get a fair hearing before an independent arbitration board.
In the decision, the Minister’s appeal was dismissed, the court
order to appoint an arbitration board was confirmed, and the Minister
ordered to pay court costs to the MGEU.
When the government appealed the original court ruling in the MGEU's favour in August 2020, the union continued to push ahead with preparations for the arbitration at the same time as the appeal proceeds through the courts. Both the MGEU and the employer nominated their representatives to the Arbitration Board. The MGEU nominee was Tony Marques, a long-time labour lawyer who recently retired from the Myers law firm after decades of distinguished service. The government appointed Rick Stevenson, former ADM of Labour Relations, as their nominee. Together, they agreed to appoint Michael Werier to be chairperson of the Board.Over the next several months, lawyers for the union and the government filed extensive written submissions and on September 21 and 22, 2021, made their oral arguments in front of the Board.
The Board will now consider the submissions of both parties and then determine the new terms and conditions of the agreement. A decision is expected sometime in spring 2022.