Métis, Michif CFS agencies call for review of 'unreasonable' arbitration decision

Two Manitoba child welfare agencies have filed for a judicial review of amendments to a collective agreement after binding arbitration ended a strike by their workers.

The agencies — Métis Child, Family and Community Services, and Michif Child and Family Services — have filed a notice of application in Court of King's Bench seeking a review of the arbitrator's May 20 decision, calling it "unreasonable."

The Manitoba Métis Federation said in a news release Tuesday its agencies "cannot manage" financial liabilities set by the decision due to lack of adequate funding from the province, and that having to comply while offering families necessary services puts them in an "impossible position."

More than 330 employees with the agencies — represented by the Manitoba Government and General Employees' Union — went on strike March 25, demanding a new agreement that would match a wage increase other civil servants got in 2024.

They went back to work two weeks later, after MGEU reached an agreement with the employer to resolve outstanding contract negotiations through arbitration.

The Manitoba Métis Federation has previously blamed budget constraints for recent layoffs at the agencies. The federation said in early March the cash crunch resulted in about 60 workers being laid off while the agencies were still bargaining, warning about 100 to 150 were at risk of being laid off eventually.

"We bargained with this employer for over the last year or longer, and they never once brought up their ability to pay," MGEU president Kyle Ross said Tuesday.

"It only came to fruition once we issued a … strike mandate. So it's really challenging when they say these things. They may be true, they may not. But for us, we're working to solve a collective agreement, to get a deal for these workers."

'This agreement is fair': union

The binding arbitration resulted in wage parity for staff. The union said in a release both agencies got "fair and reasonable" wage increases, with workers set to see a 14 per cent pay increase over four years under the deal, which is set to last until Jan. 31, 2027.

It included an additional maximum step, a one-time automatic step progression, and retroactive pay to Feb. 1, 2023, for all staff employed as of the decision.

"This agreement is fair.… When an arbitrator takes in all the information, they rule with a fair ruling," said Ross.

"This deal that was imposed on both parties was already bargained by other people that do the exact same job, do the exact same work, have the same education," he said. "Workers doing the same job should be paid as equally as possible."

A provincial spokesperson said in an email the Manitoba government can't comment on the agencies' filing as the matter is before the courts. 

The MMF said the agencies are seeking an urgent hearing to provide a quick answer to staff and clients.