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By unilaterally amending the terms of an agreement it enters, the Government of Alberta causes irreparable harm to bargaining relationships and the ability of unions to enter agreements, said an Alberta judge in granting an injunction against Bill 9.
Court of Queen’s Bench Justice Eric Macklin issued his decision on July 31, on the injunction application made by the Alberta Union of Provincial Employees (AUPE), allowing previously scheduled arbitration hearings to continue. Three agreements affecting AUPE members allowed for arbitration to settle a third-year wage reopener after union members accepted zero per cent increases in the first two years of their agreement.
“A member of the public expects, and is entitled to expect, that an agreement reached with the government will be honored,” wrote Justice Macklin in the decision.
Alberta Teachers’ Association (ATA) president Jason Schilling welcomed the decision and congratulated the AUPE on its victory.
“This is an important victory for all public sector employees in Alberta,” said Schilling. “Bill 9 is a heavy-handed action by the province to unilaterally amend the terms of collective agreements that it had entered into freely.”
In granting the injunction, the court found that Bill 9 amounted to substantive interference and caused irreparable harm.
Because the AUPE’s timelines were different, the ATA did not seek an injunction against Bill 9, the Public Sector Wage Arbitration Deferral Act, but instead launched a legal challenge to the constitutionality of the law. The injunction ruling stays the operation of Bill 9 only for the AUPE and does not overturn the law completely. Arbitration will go ahead for the AUPE as scheduled, but any wage increase awarded will be held in abeyance until the lawsuits against Bill 9 are heard.
Schilling said the Association is consulting with its legal counsel to determine how this decision will impact the Association’s arbitration process and what the Association’s next steps will be.
“Obviously this decision will have an impact on our situation. We will keep members informed as we move forward, and in the meantime we stand in solidarity with all our fellow workers in the fight against Bill 9,” he said. “This court decision sends a clear message to the provincial government that the sanctity of agreements and bargaining rights must be respected.”
In rendering his decision, Justice Macklin argued that if government is allowed to unilaterally alter an agreement, then no agreement it has ever reached, or may reach in the future, is safe from the threat of legislative change.
“Teachers expect the government to honour the agreements it reaches,” said Schilling. “We would like to see arbitration proceed quickly in the fall, uninterrupted by government interference.”
In passing Bill 9, the Government of Alberta argued that arbitrations needed to be delayed for the government to consider and include the findings of its blue ribbon panel on government finances. That panel is slated to provide government with a report by August 15.
The government has launched an appeal of Macklin’s decision.
“Albertans elected a government that would be responsible with their hard-earned tax dollars,” said Finance Minister Travis Toews in a statement provided to media. “Bill 9 is prudent measure. It only provides for a temporary delay to ensure the government has all the relevant financial information before entering into wage negotiations.”
In the meantime, arbitration hearings concerning the AUPE planned for August 7, 8 and 9 will proceed as originally scheduled.
“We fought for the rights of workers and we won. The judge agreed with us that the government cannot arrogantly deny our collective bargaining rights,” said Guy Smith, president of the AUPE, which represents 95,000 Alberta workers.
