By François Biber

Labour board reserves decision on lockout

Oct 15, 2014 | 6:37 AM

The Saskatchewan Labour Relations Board has reserved its decision on whether or not the transit lockout is legal.

On Tuesday, the board heard arguments about the legality of the transit lockout from the Amalgamated Transit Union (ATU) Local 615 and the City of Saskatoon.

The union said an outstanding unfair labour practice complaint they filed to the board on June 3 — regarding the unfair treatment of a bus driver — means the employer (the city) could not make any changes to the terms of employment, including pensions. Under the Saskatchewan law, this is known as a statutory freeze.

“The legislation uses the word ‘any’ and it says any application, not a related application, and we put a number of cases in front of the board where ‘any’ meant any,” the union’s lawyer Gary Bainbridge said.

The union argues that once the labour board emailed the city in June telling them that they were considering a review of this unfair labour application, that’s when the statutory freeze began, and it only ends once the application is resolved at a hearing.

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City solicitor Patricia Warwick said the labour board really needs to look at the purpose of the law. 

The city’s interpretation is that the application needs to related to the overall issue — the collective bargaining process.

“Look at the purpose of the law and look at the purpose of this section and please interpret it so that applications pending have to be related to the matters issued between the parties in the collective bargaining matter,” Warwick said.

While the union hoped the labour board would rule the lockout illegal and order the city to lift the lockout, Warwick argued that lifting the lockout would be a moot point at this stage, as the complaint from the union about the outstanding unfair labour application was already resolved on Oct. 3.

“Even the union’s interpretation of the section, there was no matter pending. So therefore, the lifting of the lockout would be a moot action because the very thing they were complaining (about) is now cured and complete and over,” she said.

While both sides weren’t surprised the labour board decided to reserve its decision, citing lots of complex arguments and information, the union wants to get this resolved quickly as it would change their legal position at the bargaining table.

The city’s position remains that the lockout is legal and that they had legislative power to issue it.

The board’s decision will come later this week on its website.

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