Child and Family Services Central Support - Local 265 - Bargaining Brief

Updated: Jun 18, 2020
Approx. Number of Members: 5
MGEU Staff Negotiator: Darlene Arnott
Elected Bargaining Committee Members: Lynette Letexier, Gloria Neufeld

LATEST BARGAINING NEWS

On June 11, Court of Queen's Bench Justice McKelvey ruled that the government's wage freeze law, the Public Services Sustainability Act (Bill 28), and its actions to impede collective bargaining with Manitoba's public sector workers are a violation of the Charter of Rights and Freedoms.

Union lawyers are currently analyzing the 230-page decision. The MGEU is urging the government to respect the judge's decision  and begin free and fair negotiations as soon as possible. Stay tuned for further updates.   

Overview of Bargaining So Far

Members of Child and Family Services Central Support - Local 265 had an opportunity to put forward their ideas and proposals for improving their collective agreement on February 26, 2019.

The Bargaining Committee then worked to pull together these proposals into a package to present to the employer.

At this point, the Bargaining Committee has decided to delay entering into bargaining with the employer until after the Civil Service collective agreement is negotiated.

CIVIL SERVICE NEGOTIATIONS: TIMELINE AND ISSUES

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. 

The trial was held over a few days in November 2019. MGEU President Michelle Gawronsky took the stand as the 4^th 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. 

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 is 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.

The 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.

On June 1, the Minister responsible for the Civil Service wrote the MGEU to say it will be take the first step in complying with the court's order to appoint an arbitration panel.

However, the Minister also said the government would be appealing the judge's ruling in the MGEU's favour. This shows the disrespect this government has for its own workers, not to mention taxpayer dollars. One judge has already told them they are wrong and instead of righting their error, the government is digging itself deeper in a dogged attempt to delay the bargaining process.

Fortunately, the Court order will have effect while the appeal proceeds. This means that an interest arbitration board can be appointed and arbitration dates set while the Court of Appeal process to unfolds.  

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