CUPE seeking judicial review over privatization of towns water system

The union representing municipal workers in Sackville will be in a New Brunswick court Sept. 12 to argue that town councils decision to privatize its water treatment facility violates the provinces municipalities law.

The union will argue that council allegedly acted in secrecy, in bad faith and against the provinces Municipalities Act by subdelegating its responsibility to maintain the towns water supply.

In a fight to keep the towns water services out of the hands of a private company, CUPE Local 1188 - representing about 30 unionized employees in Sackville formed a Keep Water Public committee earlier this year following the news that council was seeking a company from the private sector to operate its water treatment plant.

It was this coalition that was the catalyst behind the decision to seek a judicial review, with CUPE providing funding to assist with court costs, said Bill McKinnon, national representative for the local CUPE workers.

It was through meetings with them (Keep Water Public coalition) and our people that it was determined that this was a viable option and that it should be pursued, said McKinnon.

Sackville council voted Feb. 12 to contract out the operation of its water treatment plant. The deadline for proposals from the potential companies was March 2. On March 23, council held a special meeting to award the contract to Veolia Water Canada Inc., the same company that operates Monctons water treatment plant.

CUPEs court documents allege that the whirlwind decision to privatize the towns water system was taken in secret and without public consultation.

The decision to award the contract, however, was made during a public meeting in town councils chambers.

McKinnon said the Keep Water Public committee had requested several times to meet with town council to discuss public solutions to the ongoing water service issues. He said he tried to make town officials aware there were several municipal workers who were willing and capable of acquiring the necessary skills and training to run the treatment plant.

The town argued at the time, however, that it wanted to hire certified operators right away to deal with the water problems that have been persistent over many years and said it would be willing to train its own staff in the future.

Still, McKinnon argued that the manner in which the decision was made was inappropriate and the legal advice the union workers have received would seem to indicate that they do have enough cause to bring this before a judge.

When the legal experts were brought in, there was a view that there were grounds for seeking this judicial review, he said.