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"I conclude on a balance of probabilities that the applicants have established that the membership of AUPE, specifically in the Crown bargaining unit, will experience irreparable harm if the proposed injunction is not granted." — Justice Denny Thomas.
Edmonton (21 Feb. 2014) – A justice of the Alberta Court of Queen's Bench has granted a rare indefinite injunction against one of the two anti-union laws passed by the Alberta government in December 2013.
Justice Thomas rebuked the Alberta government for Bill 46 as causing "irreparable harm" to public employees
On February 14, Justice Denny Thomas issued a decision stongly criticizing Bill 46, the Public Service Salary Restraint Act (PSSRA). Bill 46 would have legislated a four year contract on 22,000 government workers who are members of the Alberta Union of Public Employees (AUPE) that contained a two-year wage freeze followed by one per cent increases in years three and four. At the same time, the legislation would have remove the right to binding arbitration for AUPE. Arbitration hearings were scheduled to take place earlier this month if a negotiated agreement had not been reached.
In his decision, Justice Thomas stated that the legislation could “irreparably harm labour relations, guts the collective bargaining process and effectively emasculates the Alberta Union of Provincial Employees. "I conclude on a balance of probabilities that the applicants have established that the membership of AUPE, specifically in the Crown bargaining unit, will experience irreparable harm if the proposed injunction is not granted."
Former NUPGE President provided key labour relations evidence at hearing
The justice relied heavily on the testimony of John Fryer, an adjunct professor at the University of Victoria. Fryer, who was President of the National Union of Public and General Employees (NUPGE) from 1981 to 1990, gave evidence that the potential damage caused by Bill 46 to labour relations in the public and private sectors "has already happened and will continue in the absence of some restraint being imposed by this court."
“I have admitted and accepted the expert opinion evidence from Professor Fryer, which indicates that the operation of the PSSRA causes ongoing injury to the relationship between the AUPE and its membership, affects the morale and workplace conduct of AUPE members affected by that legislation, and that the PSSRA will impede future collective bargaining between AUPE and Alberta,” wrote Justice Thomas.
Other labour legislation, Bill 45, makes it illegal to canvass workers on the question of a strike
The other anti-union law passed along with Bill 46, was Bill 45, the Public Sector Services Continuation Act, which places further restrictions on some 200,000 unionized public sector workers in the province who already are denied their right to strike. Bill 45 also contains a vague legal concept of “strike threat” which makes it illegal to canvass the opinion of employees to determine whether they wish to strike, or for an individual to freely express a view which calls for or supports strike action. The legislation also imposes huge punitive financial penalties on unions, their members and even unrelated citizens who encourage or support an “illegal strike” or “strike threat.”
Last week NUPGE submitted a complaint against Bills 45 and 46 to the International Labour Organization (ILO) alleging that both Bills violates ILO Convention No. 87 – Freedom of Association, which was ratified by the federal, provincial and territorial governments of Canada in March 1972.
More information:
NUPGE takes HSAA case to the International Labour Organization
Bills 45 and 46 violate international labour standards
NUPGE
The National Union of Public and General Employees (NUPGE) is one of Canada's largest labour organizations with over 340,000 members. Our mission is to improve the lives of working families and to build a stronger Canada by ensuring our common wealth is used for the common good. NUPGE