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Sunday, December 5, 2021

Court Upholds Bill 28 on Appeal—After New Contracts Ratified!

All Local 306 members working in education who are employed by Hanover School Division or Garden Valley School Division ratified renegotiated contracts prior to the start of the school year. At the time of bargaining, the wage freeze legislation imposed by the Public Service Sustainability Act (Bill 28) had been overturned in the Manitoba Provincial Court in June 2020.

The court ruled that Bill 28 infringed on workers’ rights to freedom of association under s.2(d) of the Canadian Charter of Rights and Freedoms. Despite this, school divisions were told by the province to stay within the wage freeze mandates. CLAC was able to finalize settlements with wage increases before the September 2021 school year began.

Since then, the provincial government appealed the ruling, and the Manitoba Court of Appeal reversed the lower court decision in October 2021. The appeal court decision deemed that the limiting of public sector pay is not a violation of the charter. Nonetheless, with the contracts ratified, members employed by both school divisions ensured they received wage increases.

CLAC will continue to engage with the government to ensure members’ fair treatment and that your rights are protected.