Winnipeg guilty of unfair labour practice against transit operators, Manitoba Labour Board says

A threat of disciplinary actionagainst transit operators by the City of Winnipeg duringastrike nearly two years ago has been found to be an unfair labour practice.

In May 2019, the Amalgamated Transit Union Local 1505, which represents nearly 1,400 Winnipeg Transit workers, directed its members not to tell passengerstheyhad to pay fares to ride the bus.

The city responded by saying transit operators could face discipline for following the ATU directions.

The ATU and its members were in a legal strike position at the time of the dispute with the city.

The Manitoba Labour Board issued a verdict this week saying the action taken by the union was a legal part of their strike activities and ruled the city did not have the right to threaten disciplinary action against drivers for not collecting fares.

"Threatening employees for engaging in lawful strike activity is a serious unfair labour practice that strikes at the heart of the legislation," says the decision by the labour board.

If the city doesn't agree with the decision, it could ask for a judicial review of the matter.

ATU president Romeo Ignacio saidhe hopes the city is willing to acknowledge its mistakes and commit to rebuilding its relationship with the union and its members.

"As we are currently reviewing the ruling, we are not able to provide comment at this time," aspokesperson for the City of Winnipeg said.

On May 14, 2019, the city posted and sent warnings to the union.

"Any failure to follow the responsibilities of your role as described in the Bus Operators Manual, other policy documents or provided verbally, by supervisory personnel, may result in disciplinary action," the warningssaid.

Michael Jack, at the time the city's corporate services officer, told media there could be "possible job consequences" for any city employees who didn't do their jobs properly.

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The labour board's ruling citeda section of the operator manual describing theduty of a bus driver to "inform passengers of a proper fare, not enforce fare collection."

Former ATU staffer Zach Fleisher wrote the 2019 pamphlet telling drivers not to monitor fare payments.

He called the labour boarddecision "a clear victory for workers," suggesting there must have been abreakdown in the decision process at the city when it threatened the drivers.

"It's clear there was political direction that didn't follow legal advice, or didn't get legal advice," Fleisher said. "The question for the city with this decision is what have you learned?"

The boardcould have imposed a fine on the city of up to $2,000 per driver, the decision says, but the union had only sought "declaratory relief"and did not ask for a financial penalty.

The ATU said it isn't looking for money from the citybut does want recognition of its grievances.

"[We] understand the challenges the cityis facing due to the ongoing pandemic, and asking for monetarycompensation will only exacerbate the city's inabilityto improve transit service for our fellow Winnipeggers," Ignacio said.

There are a number of outstanding issuesbetween the two sides, despite reaching a contract deal in 2019.