The union representing striking government engineers in Ontario is filing a labour complaint after it says the Ford government told members who had stopped working on Highway 413 and the Bradford Bypass they wouldn’t be allowed to return to their jobs.
The Professional Engineers Government of Ontario union said it had removed major technical engineers it represents from key government infrastructure projects earlier in the week as it continues an ongoing contract battle with the province.
The move, the union said, would delay the delivery of the key infrastructure projects and is designed to draw attention to the almost two years its members have been without a contract.
But, days after the engineers stopped working on key projects, the government made a series of changes.
Those who had walked off the job were told they couldn’t return to work until the province said so or a new collective agreement was signed. An email was also sent to all union members telling them if they stopped working, they too would be prevented from returning.
The union believes the move is a contravention of how labour laws are supposed to work.
“From our perspective, although the government hasn’t used the term ‘lockout,’ it certainly feels like it for those specific members,” PEGO president Nihar Bhatt told Global News.
“They’ve been told that since they have withdrawn their services, the only way they can return is if the government says so. And we believe that is a violation of the Labour Relations Act and it’s an unlawful way of dealing with them.”
The union said it was filing a complaint with the Ontario Labour Relations Board for an unlawful lockout on Friday.
A spokesperson for the president of the treasury board, who leads negotiations for the government, said the move was standard practice.
“Employees represented by PEGO who have decided to fully withdraw their services have been reminded of the relevant terms and conditions of their employment,” they told Global News.
“Like any employee who refuses to work, PEGO employees who refuse to work will not be paid. This is a standard measure to manage the workplace and provides the employer with greater certainty and the ability to meet operational needs.”
PEGO represents engineers who work in senior roles for the Ontario government across a number of areas. They manage its 400-series highway network, work on the building and fire code and perform oversight roles for water and air quality testing.
The union has been without a contract for 22 months and claims the offers from the government to date have fallen well short of where they should.
Calculations relied upon by PEGO for engineer salaries across the sector, including other public organizations like Infrastructure and Metrolinx, leave many of its members behind their peers. The union has complained it struggles to retain experienced staff who often leave to take jobs in the private sector.
Ontario NDP Leader Marit Stiles said in a statement that the government should work quickly to reach a deal.
“These engineers are responsible for ensuring that $85 billion worth of public infrastructure is safe and reliable, but they’re not being valued by the Ford government,” she said. “It’s time for the government to get back to the table and negotiate a fair deal for the engineers.”
Transportation Minister Prabmeet Sarkaria hinted earlier in the week that the government could escalate its fight with the union, after threats to its key highway projects.
“We’re looking at mitigation measures, but let me be clear,” he said in a statement on Monday, “we’re moving full speed ahead. This project is too important not to build and we are moving ahead without delay.”
Bhatt said it was too soon to see exactly what impact removing labour from Highway 413 and the Bradford Bypass would have but said he wanted to focus on negotiations so his members could return to helping the government build.
“In order for these things to be successful, it requires the presence and oversight of Ministry of Transportation engineers — for example, those experts and senior experts who have the background, and those people are not in the workplace,” Bhatt said.
“Even if they bring somebody else in from our own group or somewhere else, it takes several weeks, sometimes months, to familiarize themselves. Once again, it is an unnecessary delay.”
The union said it had sent additional bargaining dates but hasn’t heard from the government.
“The parties are discussing additional dates,” the treasury board spokesperson said.