Manitoba government urges pay freeze for bus drivers, despite losing court fight over wage legislation

Despite a recent court ruling against its public sector wage freeze, the Manitoba government still says some workers should see pay hikes halted for the immediate future.

In an internal memo, the province urgesthe Winnipeg School Division to offerno increases in salary or compensation fortwo years to the bus drivers it is currently negotiating with.

The Progressive Conservative government's "WSD mandate" is focusedon a "two-year horizon," the memo says.The compensation freeze requestistied to the province's financial woes during the COVID-19 pandemic, said the Sept. 3letter, which the Opposition NDP provided to CBC News.

"This would provide both WSDand UFCW[theunion that represents the drivers]with the opportunity to reassess the situation and resume bargaining following this two-year term, when there are less unknowns relative to overall budgetary pressures within the public sector," the letter said.

About 95 school bus drivers in the divisionwent on strike last week after their union, the United Food and Commercial Workers Local 832, couldn't reach a new collective bargaining agreement withWSD.

Winnipeg School Division trustee Chris Broughton, who chairs the board'sfinance and personnel committee, said the memo is disappointing.

"I think it's concerning that the government is injecting itself into the collective bargaining of school divisions and essentially eroding the autonomy and the authority that school divisions have to operate,"said Broughton, the former board chair.

Division limited in what it can offer: finance chair

The province's request for the Winnipeg School Divisionmirrorswage parameters under Bill 28,provincial legislation that mandated two-year wage freezes, followed by a0.75 per cent pay increase in the third year and one per cent in the fourth.

The legislation was struck down by the Manitoba Court of Queen's Bench earlier this yearas a"draconian measure which limits and reduces a union's bargaining power" and which violated the Charter of Rights and Freedoms.

The legislation waspassed in 2017 butnever proclaimed into law, and so was never technically in effect,butpublic sector unions saygovernment negotiatorsacted as thoughit was.

The province is now appealingthe court's decision, arguing it needs clarity on what governments can do to control costs.

Before receiving a new COVID mandate from the province, WSDwasasking itsbus drivers to accept the Bill 28 wage mandate,Broughton said.

The division is limited in what it can offer, due to its own financial constraints, he said. The province has limited grant funding increases and restricted property tax hikes.

He was taken aback by the government's latest directive, which backs off from the four-yearcontracts prescribed underBill 28 and instead offers a two-year term.

BeaBruske,secretary-treasurer of UFCW Local 832,said the government is suddenly presenting an alternative offer.

"When we're in negotiations, we take our cue from the person sitting across the table from us, and in this case, that has been the Winnipeg School Division and representatives thereof, and not government," Bruske said.

She said neither offer is acceptable for bus drivers, since both involvea wage freeze.

The government said in its letter that the compensation freezereflects government's role in setting "broad monetary collective bargaining mandates" for public sector employers, and the pandemic's effect on Manitoba's finances.

The memo notes that government respects the union's fundamental right to strike.

NDP Leader Wab Kinew said it's clear the government ishindering what should be a fair bargaining process.

"Unfortunately, it makes the parents who wantedto be able to send their kids to school on a bus this yearcollateral damage," he said.

Kinew said the province hasn't learnedfrom the court'srebuke ofBill 28.

"Any worker in Manitoba, including those in the public sector, should be able to negotiate, or at least bargain for, a raise," he said. "The government knows that they lost in court, and yet they still are trying to use that rationale and interfere in this negotiation."

The province said in a statement Tuesday the new letter to WSD has nothing to do with Bill 28 or its courtappeal.

"Itreflects government's stewardship function over public funds during the extensive challenges caused by the pandemic, as it seeks to protect all Manitoba families," spokesperson Andrea Slobodianwrote in an email.