Labour bill negotiation deadline stayed two weeks as judge mulls longer delay

The Friday deadline set by Bill 46 for negotiations between the Alberta Union of Provincial Employees and the government has been stayed two weeks while a judge decides whether a longer stay is necessary.

Court of Queen’s Bench Justice Denny Thomas made the ruling late Tuesday afternoon after a daylong application by the AUPE to stay Bill 46 until the courts decide whether the labour law breaches union members’ rights, a process that could take years. Thomas instituted the two-week stay to give himself time to consider the longer, indefinite stay.

The decision delays the law’s effect of imposing a contract and wage deal on thousands of the union’s members.

In the absence of Bill 46, passed in December, negotiations between the government and union would then proceed to the Compulsory Arbitration Board. However, Thomas told court that negotiations will now be at a “standstill” until his decision and will not immediately proceed to the board.

The stay lasts until noon Feb. 14.

By then, Thomas will decide if the controversial labour law will be set aside until the conclusion of a legal challenge launched by the union soon after the bill passed.

In court, the AUPE argued that it would suffer irreparable harm in the absence of an indefinite stay, including a feeling of powerlessness among union members and a loss of confidence in union leadership. In turn, a government lawyer argued the province would suffer financial harm in negotiations if a longer stay was ordered.

“There’s a saying that labour relations delayed is labour relations denied,” AUPE lawyer Patrick Nugent said.

“Legislation delayed is also labour relations denied,” argued Hugh McPhail, representing the government.

Bill 46, the Public Service Salary Restraint Act, only applies to the province’s negotiations with the AUPE. Roughly 22,000 affected provincial workers have been without a collective agreement since March. Negotiations broke down last year and subsequent mediation effort failed.

Bill 46 eliminated the possibility of arbitration and set the now-stayed negotiation deadline of Jan. 31. Without a longer stay, the law will automatically impose a four-year wage agreement with no increases in the first two years and one-per-cent increases in each following year.

McPhail told court the provincial government is willing to amend the collective agreement after the Jan. 31 deadline if both parties agree.

Nugent argued that Bill 46 doesn’t mention the possibility for such amendments.

“It’s disingenuous for the government to speak out both sides of their mouth at the same time.”

In a statement of claim filed in December, AUPE claimed the bill was introduced with no consultation, was rammed through the legislature and violates its members’ fundamental freedoms under the Charter of Rights and Freedoms. The union asked the courts to strike down the law.

The union also claims in the lawsuit that the bill creates an environment where good-faith bargaining is impossible.

In a statement of defence, the government said the bill does not deprive individual workers from good faith bargaining and does not violate any charter rights. The bill was passed for the financial health of the province, the statement of defence reads.

Statements of claim and defence contain allegations not proven in court.