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April 23rd, 2012
April 23rd, 2012
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ERA Charter Challenge Update

Treasury Board Seeks Stay of Court Order Requiring Renewed Bargaining Over 2006 Salaries

In its latest stalling maneuver, Treasury Board is asking the Ontario Court of Appeal (OCA) to issue a stay of Mr. Justice Grace´s March 26th, 2012 Ruling on remedy, restoring the AJC to its original position and allowing renewed negotiations over 2006 rates of pay in the absence of any wage cap for that year.

Treasury Board wants a stay in place until all related appeals are disposed of by the OCA. It argues in its affidavit and factum that a stay is necessary because resuming bargaining over 2006 salaries would cause "great uncertainty and a severe disruption" to labour relations primarily because implementing a retroactive increase would be difficult.
 
AJC´s counter is that retroactive increases are standard in collective bargaining because negotiations routinely go beyond the expiry date of the preceding collective agreement. Therefore, the employer has both the tools and the processes in place to roll-out increases back to the point in time when negotiations began. This is hardly unprecedented. You can read more about our position in our factum and affidavit.

The stay motion is scheduled to be heard on Thursday, April 26, 2012. A further update will follow as soon as the ruling is released.

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