Stop Siding with Employers to Get Around the Constitution – Negotiate a Fair Deal!

TORONTO, Nov. 14, 2024 (GLOBE NEWSWIRE) — Toronto & York Region Labour Council President Andria Babbington condemned the recent decision by federal Labour Minister Steven MacKinnon to intervene in negotiations by port workers in British Columbia and Quebec on behalf of their employers. “Instead of letting a fair deal be negotiated at the bargaining table, the government is siding with employers, and trampling on workers’ rights to strike.”

Rather than bargain in good faith, federally-regulated employers are using lockouts to get around the constitutionally-protected right to strike, knowing that the federal government will help impose a collective agreement which will be weaker than one achieved through bargaining.

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On Tuesday morning, MacKinnon announced that the government would intervene to end the two port employer lockouts by imposing binding arbitration on the parties through the Canadian Industrial Relations Board (CIRB). Liberal Labour Ministers have employed Section 107 of the Canada Labour Code several times over the last two years to end work stoppages at railways and airlines — an action which has no modern precedent. In every case, Section 107 was invoked to end an employer-initiated lockout of workers.

Noting the 2015 Supreme Court decision which recognized the right-to-strike as being enshrined in Canada’s Constitution, Babbington said “It’s been made clear to this government time and again that working people have the right to strike to win the contracts they deserve. The Liberal government must respect workers’ rights.”

In every case where the government has imposed arbitration to end negotiations, the employer was represented by the same employer association, FETCO (Federally Regulated Employers – Transportation and Communications) — a pattern Babbington sees as more than coincidence.

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“It’s clear that this new strategy has been cooked up by a well-funded big business lobby to attack working people, and the government is eager to adopt it,” said Babbington. “2023 saw the most working people go out on strike in nearly 40 years, all in response to the dramatic increase in the cost of living. Instead of siding with employers to keep wages low, the government should be addressing the needs of working people by making life more affordable,” she added.

“What concerns me most is the total disregard for our democracy. To not only break the constitution by imposing arbitration, but to allow an appointed Minister to do so without even a vote in Parliament is a serious escalation,” said Babbington. Historically, back-to-work legislation to end labour disputes required a vote in Parliament, as opposed to a simple Ministerial order.

Babbington demanded the government respect ongoing negotiations between Canadian Union of Postal Workers (CUPW) and Canada Post by not imposing back-to-work orders, as the Liberal government did in 2018, “We’ve seen this from this government before, when they unconstitutionally sent CUPW workers back-to-work in 2018. This time, they should learn from their mistakes and respect the right to bargain!”

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“As long as employers know the government will step in on their behalf, we will never have a fair negotiation process,” said Babbington. “What we’re calling for is the same thing we’ve been calling for over 150 years: respect workers’ rights and negotiate fair deals!”

About Toronto & York Region Labour Council:

The Toronto & York Region Labour Council represents over 200,000 workers from diverse sectors across the Toronto region . Committed to fighting for economic, social, racial and climate justice, the Council works tirelessly to create a fair and equitable future for all.

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