CUPE has filed an Unfair Labour Practice complaint against the Town of Penetanguishene, alleging council violated provincial labour law and workers’ collective agreement rights in its rush to outsource water and wastewater operations to the Ontario Clean Water Agency (OCWA).
The complaint, now before the Ontario Labour Relations Board (OLRB), argues the town moved forward with its outsourcing plan while collective bargaining was underway, failed to bargain in good faith, undermined the union’s role as the bargaining agent, and attempted to unilaterally alter working conditions during a statutory freeze period, all of which are clear violations of the Labour Relations Act.
For CUPE 2380-05 members, who serve the Town of Penetanguishene as water and wastewater workers, the dispute is not just a legal process but gets to the question of whether a municipality can outsource a critical public service without meaningful consultation with workers or the public and in a manner that completely disregards the protections contained in a collective agreement.
“Workers and residents weren’t informed about the plans to contract out until bargaining was already underway,” said Megan Varga, president of CUPE 2380. “Notice was only given two months before contracting out was set to proceed. That’s not meaningful consultation, and it’s not how decisions affecting essential public services should be made.”
CUPE 2380-05 began bargaining with the municipality on December 4. That day, management disclosed plans to either outsource water and wastewater operations or merge departments. From there, residents and workers were given little opportunity to provide meaningful input before council voted during a special meeting in May to proceed with outsourcing to OCWA.
Water and wastewater operators play a critical role in ensuring the delivery of safe drinking water and the health of local communities. CUPE 2380 has argued publicly that decisions affecting these services should be made transparently and with meaningful public engagement.
“When you’re talking about outsourcing water services, transparency matters,” said Varga. “Residents deserve to know what’s being proposed, workers deserve to be heard, and council should take the time to listen before making a decision with long-term consequences.”
The union further argues that the outsourcing plan directly conflicts with language in its collective agreement that prohibits layoffs resulting from contracting out; and that the employer is imposing changes during a time when workers’ rights are statutorily frozen, thereby undermining the collective bargaining process.
“We negotiated protections against layoffs resulting from contracting out for a reason,” said Varga. “The Labour Board complaint is about protecting those rights and ensuring employers respect the collective bargaining process.”
The Unfair Labour Practice asks, among other things, that the Labour Board issue a declaration that the municipality violated the Labour Relations Act and order the municipality to stop all plans to contract out water and wastewater.
