Arbitrator rules Manitoba Hydro layoffs violated union's collective agreement

An independent arbitrator has ruled against the provincial government over layoffs proposed two years ago at Manitoba Hydro, saying they violated the workers' collective agreement.

The decision relates to layoffs requested by then-Premier Brian Pallister in April 2020 to meet provincial cost-saving demands. 

The union representing natural gas workers and meter readers at Manitoba Hydro, Unifor Local 681, filed a grievance arguing the layoffs violated the "lack of work" clause in Unifor's collective agreement with Manitoba Hydro.

The clause is meant to ensure lay-offs can only occur if there is not enough work to fill positions. 

Manitoba Hydro had argued that the phrase "lack of work" encompasses a variety of circumstances beyond a simple reduction in the amount of work required to be performed by the utility, the decision says. 

It also argued that the layoffs were reasonable due to the work that was not being performed, or would not be performed, due to the pandemic.

The union submitted that the layoffs were not a result of a lack of work available, but by Hydro's commitment to the government to reduce costs.

The arbitrator, Blair Graham, sided with the union, and ruled the government demanded labour savings well beyond any reasonable staff reduction.

Suzanne King, national staff representative for Unifor Local 681, said the union is pleased with the decision and will be meeting with legal counsel to discuss what the remedies should be. 

"As Crown utility workers, we are owned by the people of Manitoba. But the government doesn't have carte blanche to come in and not follow our collective agreement," she said. 

A provincial government spokesperson declined to comment, saying the province was not the employer. 

A spokesperson for Manitoba Hydro said the utility is reviewing the decision and has no comment at this time.