Pallister will face court challenges if he tries to weaken public unions, labour expert says

Manitoba Premier Brian Pallister should brace for court battles if he tries to renegotiate existing contracts with public unions, a labour expert says.

To reopen already signed contracts, to start legislating settlements before bargaining begins, it's just not acceptable.- Michelle Gawronsky, MGEU president

"There's a charter right that's at issue here," said David Camfield, an associate professor in labour studies and sociology at the University of Manitoba.

The Supreme Court of Canada ruled in 2007 that the Charter of Rights and Freedoms' protection of freedom of association extended protection to the process of collective bargaining, Camfield said.

"The Supreme Court didn't make it impossible for governments to intervene, but they certainly made it more difficult."

Pallister told reporters on Monday that "something's got to give" in order to bring the province's deficit under control.

• 'Something's got to give': Pallister puts reopening collective agreements on the table

He wants to begin a discussion with public sector union leaders — including those who represent teachers and staff at Crown corporations — about contracts and possibly going back into them to renegotiate terms.

'It's just not acceptable'

Michelle Gawronsky, president of the Manitoba Government and General Employees' Union, was shocked by Pallister's suggestion.

"To reopen already signed contracts, to start legislating settlements before bargaining begins, it's just not acceptable," Gawronsky said, calling the move "unfair and very likely unconstitutional."

"I met with him a couple of weeks ago; he didn't say a word about this, he didn't bring up these kinds of concerns."

Gawronsky said the province should be focused on growing the economy and balancing the books rather than setting its sights on public sector contracts.

Manitoba Nurses' Union president Sandi Mowat was also caught off guard by Pallister's comments.

"I think it's disappointing that the premier and the government [aren't] looking at respecting the collective bargaining process," Mowat said.

The nurses union's contract expires in March 2017, but the bargaining process could begin as early as January, Mowat said. In the last round of negotiations, the union came away with 10.1 per cent wage increase doled out to its members just over a three year period.

While Mowat said she's heard whispers and rumours about the possibility of wage freezes in the public sector, the premier has yet to touch base with the nurses union so she isn't going to rush to judgment.

"We have a lot of ways we feel we can actually help save money if we have those discussions," she said.

'All hands on deck'

Pallister said the financial state of the province is so poor he "needs all hands on deck" to solve the problem.

Camfield challenged Pallister's assessment of Manitoba's financial situation.

"There is no crisis," he said. "It's important to look at the basic facts and not just buy into the hype that's being created around the deficit."

Last year, the province spent about 5.7 per cent of its revenue on servicing its debt, down from 6.1 per cent in 2012-13, he said. In the late 1990s, when the Progressive Conservatives were in office, the province spent about 8.5 per cent of its revenue on debt servicing, Camfield said.

He believes unions would be willing to consult with Pallister on the deficit, but they won't take it kindly if the province tries to impose legislation to freeze wages or rework contracts.

"I'm sure they'll challenge it in the courts," Camfield said, suggesting they also challenge the assumption there's a fiscal crisis.

Gawronsky said she is already in talks with union lawyers.

Asked why Pallister would pursue a hard-line approach if there's really no fiscal concern, Camfield said the Progressive Conservatives have an ideological opposition to strong public unions.

"I think their real objective is to weaken the public sector," he said. "Public sector workers are being made a scapegoat for a non-existent crisis."

'I want to work with the union,' says premier

 Following question period on Tuesday, Pallister said he doesn't want to get too specific because they are going to "have a discussion with our union leadership, develop a team and all topics can be raised."

When asked about concerns raised by unions and constitutional challenges, Pallister said he has a positive working relationship with unions in Manitoba and nationally.

"I want to work with the union and I respect the union leadership," he said.

He added he wouldn't speculate about what the discussions would look like however "the magnitude of problems sometimes and challenges causes people to do things that are right even though they might not think they are in their own best short-term interest."