Métis federation asks court to throw out CFS wage parity

Weeks after Métis and Michif child and family services workers won wage parity with their provincial counterparts through binding arbitration, their employers are headed to court to overturn the decision.

The Manitoba Métis Federation announced, in a news release, that both the Métis Child, Family and Community Services Agency and the Michif Child and Family Services Agency have filed notice in Manitoba Court of King’s Bench asking for “an urgent hearing” for a judicial review of the arbitrator’s May 20 decision.

No one from the federation responded to interview requests on Tuesday. In the news release, it said increasing the pay for 220 workers with Metis CFCS and 110 employees with Michif CFS was “unreasonable” and the agencies “cannot manage due to lack of adequate funding from the Province of Manitoba.”

Mona Buors, the federation’s CFS minister, said in a statement a judicial review is being sought “in hopes of a more stable outcome for our children, families and employees.”

Kyle Ross, president of the Manitoba Government and General Employees’ Union, which represents the workers, said both sides agreed to binding arbitration and accepted the choice of Michael Werier as arbitrator.

“Now, because one side is not happy with the results, it is a little frustrating,” Ross said. “I’m sure our members are frustrated, because I know I am.”

“They ended their strike, with an agreement from the employer, that we would go to binding arbitration and they assumed, as did we, that the arbitrator, when the made a fair ruling, that it would get implemented and they would receive what the deal was settled on.”

As for whether the workers could soon be back on the picket line, Ross said “we believe it is binding arbitration and we made the choice with our members to go to binding arbitration and end that strike so we will have to wait and see how this plays out.

“I struggle to believe they are going to be able to make a case to prove that there was something untoward happening at this arbitration.”

A total of 330 workers ended their two-week strike and returned to work on April 8 after an arbitration hearing was scheduled for April 22.

Werier later ordered “fair and reasonable” wage increases for wage parity for both agencies.

A spokesperson said the province wouldn’t comment on the legal action.

Adam King, an assistant professor in the labour studies program at the University of Manitoba, said he has been following the case because it was the first under Bill 37, Manitoba’s new labour legislation.

“I was disappointed to hear this has happened,” King said.

“This was a good first example of the law and how it would work. The employer did agree to go to arbitration… it seems now the employer has sat down with their lawyers and decided to get a judicial review.”

King said persuading a judge to overturn an arbitrator’s decision will be tough.

“It’s very rare for this to happen,” he said. “Generally, the courts give quite a bit of latitude to arbitrators. Overturning a decision only happens under limited circumstances.

“I think this is just an unfortunate delay procedure.”

kevin.rollason@freepress.mb.ca