Supreme Court won't hear challenge to Manitoba Hydro union requirement

The Supreme Court of Canada has said it won't hear a case challenging the requirement that contractors join unions and pay union dues when working on certain Manitoba Hydro projects.

Two collective agreements and a Manitoba Hydro-Electric Board tendering policyrequire that contractors working on larger-scale hydro projects, such as the Bipolle III project, join a union and pay applicable union dues.

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The applicants who tookthe case to the Supreme Courtwork for contractors and an organization representing non-unionized contractors.

The group launched a constitutional challenge saying Manitoba Hydro rules impose compulsory union dues on employees and infringe on employees' Charter rights.

The respondents, which included the Manitoba Hydro board and unions including the International Brotherhood of Electrical Workers and International Union of Operating Engineers, argued the matter should rest with an arbitrator at the Manitoba Labour Board.

"We are pleased with the Supreme Court of Canada's decision to uphold the Manitoba Court of Queen's Bench order on jurisdiction for this matter," a spokesperson for Manitoba Hydro said.

While in opposition, now-Premier Brian Pallister said measures in the province such as those named in this caseamount to "forced unionization." In 2012, he said they would costManitobans an additional $3 billion over the following decade on various large-scale projects.

The Manitoba Federation of Labour said at the time the agreements ensure all workers are treated fairly and prevent work stoppages due to labour disputes.

As usual in such decisions, the Supreme Court gave no reasons for refusing to hear the appeal.

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