The Alberta Union of Provincial Employees said Friday that the Alberta Court of Queen’s Bench had granted an injunction against Bill 46, a controversial piece of legislation that would impose a four-year contract on AUPE workers, if an agreement wasn’t reached in time.
On Friday, AUPE officials said Bill 46, the Public Service Salary Restraint Act had been suspended after a decision released Friday morning.
Now, the AUPE said members would be able to take negotiations over their collective agreement with the provincial government to binding arbitration – a move both sides had agreed to before Bill 46 was tabled, that was set for this month.
“The effect of the injunction is to restore our members’ rights while we argue in the courts to have the legislation rescinded,” AUPE President Guy Smith said in a press release. “We are prepared to take our challenge to the Supreme Court of Canada if necessary, so it’s important our members’ rights are protected while that process unfolds.”
Deputy Premier Dave Hancock released a statement in response to the decision Friday afternoon, saying the government was disappointed by the decision, and said the judgement “contained errors in both fact and law” – and said the province was filing an appeal.
“A negotiated settlement that is fair to employees and taxpayers is – and always has been – our preferred option,” Hancock said in the statement. “We’re encouraged that talks have been ongoing all week and both the Alberta Union of Provincial Employees (AUPE) and the government have agreed to continue negotiations.”
The contract in Bill 46 includes a wage freeze for the first two years, a lump sum payment of $875 for eligible employees in the second year and a one percent increase in each of the following two years.
The legislation was tabled alongside another bill, Bill 45, the Public Sector Services Continuation Act – that imposes hefty penalties on unions and individuals who take part in wildcat strikes.
Penalties include a $1 million per day penalty for the union however long an illegal strike lasts, plus increasing fines from $1000 per day, to $250,000.
Bill 45 also suspends the collection of dues by the union.
Both bills sparked immediate protests from unionized public employees – after they passed third reading, the AUPE pledged to bring the provincial government to court over it.
As for Bill 46, Justice Thomas issued a 23 page decision, which the AUPE said ultimately rejected the claim by the Alberta government that the AUPE’s challenge was ‘weak’.
