Government lawyer concedes UMFA’s constitutional rights violated during 2016 bargaining, argues $28 million in damages would be unfair to taxpayers
Lawyers for the Manitoba government acknowledged in the Court of Queen’s Bench on Tuesday it was unconstitutional for the provincial government in 2016 to impose a secret bargaining mandate when the University of Manitoba and the University of Manitoba Faculty Association (UMFA) were in the middle of contract talks.
“It was wrong and it was unconstitutional and it’s deserving of a remedy,” Heather Leonoff, a lawyer for the Manitoba government told Justice Joan McKelvey. “It caused a problem to keep this secret for a period of three weeks…to keep the union in the dark.”
“No effective bargaining could take place during those three weeks because one side knew something the other didn’t know.”
UMFA is seeking more than $28 million in damages. Lawyers for the union argued Monday the university withdrew an offer for a total wage increase of 17.5 per cent over four years when the government interfered in negotiations, pursuant to a political directive, and asked the university to keep it secret.
UMFA lawyer Garth Smorang argued UMFA members would have received the increase and a 21-day strike would have been averted had the government not interfered.
Leonoff disagreed.
“We cannot say for sure what the terms of it would have been,” Leonoff told the court. “Pure speculation exactly what the 2016 contract would’ve looked like.”
While the government’s lawyers conceded there was a violation, they argued UMFA ultimately agreed in 2016 to a one-year contract with a zero per cent wage increase after learning about the mandate.
Leonoff argued mandates and wage restraint legislation aren’t unlawful and that the court should only award damages for the three-week period during which UMFA did not know about the mandate.
“Now they come to court and say we want damages for the deal we accepted,” she told the court.
Leonoff argued that the UMFA’s proposed remedy of more than $28 million would be unfair to taxpayers, telling the court if the union didn’t like the one-year deal, they could’ve chosen not to accept.
“It’s not an appropriate and just remedy,” Leonoff argued. “It’s seeking compensation for four years of its decisions it doesn’t want to live with.”
“How is this fair to the taxpayer? These are all decisions the union made.”
Smorang told the court UMFA takes issue with that argument.
“Everything that was done, not only by the union, but by the university itself after Oct. 27 (2016), was done as a reaction to and as a result of government unconstitutional actions,” Smorang argued.
Leonoff suggested in court a range of $500 to $1,000 per UMFA member would be a more appropriate remedy.
UMFA’s proposal would see the average member receive $13,500 each.
Justice McKelvey has reserved her decision.
CTVNews.ca Top Stories
Young people 'tortured' if stolen vehicle operations fail, Montreal police tell MPs
One day after a Montreal police officer fired gunshots at a suspect in a stolen vehicle, senior officers were telling parliamentarians that organized crime groups are recruiting people as young as 15 in the city to steal cars so that they can be shipped overseas.
Mandisa, Grammy award-winning 'American Idol' alum, dead at 47
Soulful gospel artist Mandisa, a Grammy-winning singer who got her start as a contestant on 'American Idol' in 2006, has died, according to a statement on her verified social media. She was 47.
Man sets self on fire outside New York court where Trump trial underway
A man set himself on fire on Friday outside the New York courthouse where Donald Trump's historic hush-money trial was taking place as jury selection wrapped up, but officials said he did not appear to have been targeting Trump.
Sask. father found guilty of withholding daughter to prevent her from getting COVID-19 vaccine
Michael Gordon Jackson, a Saskatchewan man accused of abducting his daughter to prevent her from getting a COVID-19 vaccine, has been found guilty for contravention of a custody order.
She set out to find a husband in a year. Then she matched with a guy on a dating app on the other side of the world
Scottish comedian Samantha Hannah was working on a comedy show about finding a husband when Toby Hunter came into her life. What happened next surprised them both.
Shivering for health: The myths and truths of ice baths explained
In a climate of social media-endorsed wellness rituals, plunging into cold water has promised to aid muscle recovery, enhance mental health and support immune system function. But the evidence of such benefits sits on thin ice, according to researchers.
'It could be catastrophic': Woman says natural supplement contained hidden painkiller drug
A Manitoba woman thought she found a miracle natural supplement, but said a hidden ingredient wreaked havoc on her health.
Manitoba mom praises quick-thinking fire department for freeing daughter stuck in playground equipment
A Manitoba mother is praising firefighters for their quick work in helping her daughter who got stuck at a playground in Lorette, Man.
The Body Shop Canada explores sale as demand outpaces inventory: court filing
The Body Shop Canada is exploring a sale as it struggles to get its hands on enough inventory to keep up with "robust" sales after announcing it would file for creditor protection and close 33 stores.