(Ottawa) The Trudeau government is preparing to unveil its anti-strike legislation this Thursday, largely modeled on Quebec legislation. According to La Presse, it goes further by banning the use of substitute workers for teleworking. It also imposes a fine of $100,000 per day.
Published yesterday at 7:24 p.m.
Federal Labor Minister Seamus O’Regan will introduce his bill in the House of Commons this Thursday. A press conference is planned for the morning.
Confederation of National Unions (CSN) and Quebec Federation of Workers (FTQ) leaders Caroline Senneville and Magali Picard plan to be in Ottawa to respond.
This is one of the key demands of the agreement between the Liberals and New Democrats, which allows Justin Trudeau’s minority government to govern as if it were a majority. Behind the scenes, it is rumored that the bill meets most of the demands of the New Democratic Party (NDP). Its chairman Jagmeet Singh must also address the media accompanied by union leaders before presenting the text of the law.
The Liberals’ bill aims to ban the use of substitute workers during a labor dispute in sectors under federal government jurisdiction, such as telecommunications and transportation.
This would prevent an employer from using telework to circumvent this prohibition by including a fairly broad definition of what constitutes an employee.
During the strike by federal employees last spring, a notice was sent to employees of the Ministry of Employment and Social Development to remind them that they could choose not to exercise their right to strike and that they choose to do so would be able to receive their salary if they continued to strike and work remotely1. The Public Service Alliance of Canada subsequently condemned the practice.
However, contract workers hired before negotiations to renew a collective agreement began could continue to work during a strike or lockout, as long as they were not performing the work of a union member. This is one of the elements that unions will keep in mind when considering the bill.
Significant financial penalty
The Canada Industrial Relations Board is also required to determine what constitutes maintaining activities during a labor dispute when the employer and union cannot reach agreement. Unions fear that this element will be used to delay negotiations and weaken the impact of this legislation.
Any employer who continues to use scabs will also be subject to a fine of $100,000 per day.
“If we ban the use of scabs once and for all, we will make real progress in reducing labor disputes, preventing work stoppages and creating a more balanced economy, while increasing the wages, benefits and respect that workers deserve.” replied the President of the Canadian Labor Congress, Bea Bruske.
NDP deputy leader Alexandre Boulerice introduced his own anti-strike legislation about a year ago to keep pressure on the Liberals, the New Democrats’ ninth attempt in 15 years. However, the agreement between the two parties stipulates that the government commits to “present a bill by the end of 2023” and not to pass it.
PHOTO JOSIE DESMARAIS, LA PRESSE ARCHIVE
Alexandre Boulerice, deputy leader of the NDP
The Liberals and Conservatives voted against one of the New Democratic versions of the bill in 2016.
The Bloc Québécois intends to support Minister O’Regan’s proposal if it “respects the spirit of the demands of Quebec labor groups.” MP Louise Chabot, former president of the Centrale des syndicats du Québec (CSQ), also introduced a similar bill last spring.
“The Bloc Québécois has been calling for anti-strike legislation for several years to protect workers’ legitimate bargaining rights, and we have even introduced a bill in every legislative session since 1990,” she recalls.
The CSN called for dissuasive sanctions, a ban on the use of remote workers, a ban on the work of striking or locked-out members of a bargaining unit, and stopping the employer’s intention to justify the use of scabs.
Of the ten Canadian provinces, two already have laws preventing the use of substitutes: British Columbia and Quebec, which passed their own laws in 1977.