Canadian HR Reporter

CANADIAN HR REPORTER March 21, 2016 NEWS 3 NDP introduces federal anti-scab bill Proposed legislation could put pressure on provinces to follow suit BY SABRINA NANJI A BILL proposed by the NDP could make it illegal for federal employers to hire replacement workers in case of a strike or a lockout, and put pressure on the provinces to implement similar laws. Should it pass, the anti-scab legislation — introduced late last month in Parliament by the NDP's deputy labour critic MP Karine Trudel — will make it illegal for federal public service employers to bring in so-called scabs to replace striking or locked out workers. The bill would amend the Canada Labour Code, mirror similar provisions in Quebec and British Columbia and apply to federal employers, such as those in the telecommunications, trans- portation and banking industries. Of the almost 900,000 workers employed under the federal pub- lic service, about 40 per cent are unionized and would be affected. e bill would correct an unfair labour practice that undermines a worker's right to bargain col- lectively, according to MP Sheri Benson, the NDP's labour critic. "When you go on strike, you are making a big decision. You're voting on it and you're foregoing pay and benefits. It's a big decision and not one people make lightly. So you want to be able to have an impact to bring the employer back to the table, so you can negotiate," said Benson. "In some ways, it creates a more balanced power dynamic between employers and employees and I think it will get both sides back to the table quicker." Though anti-scab legislation has been unsuccessfully intro- duced at the federal level over the past 14 years, the timing has never been better after the Lib- eral government won a majority in October, said Benson. e gov- ernment has shown a strong com- mitment to repealing Bills C-377 and C-525. Passed by the previous Conservative government, Bill C-377 would have forced unions to publicly disclose spending up- wards of $5,000 and executive salaries, while Bill C-525 changed certification rules in federal work- places, essentially making union- ization more difficult. Benson said she's hopeful the legislation will receive royal assent. "It's been clear the govern- ment is wanting to create a new era of labour relations that's open and fair and they've been talking about levelling the playing field," she said. "We're getting a better climate, a better environment for good negotiations on both sides." e Canada Labour Code al- ready addresses replacement workers, though only vaguely. According to federal labour laws, replacement workers cannot be hired for the demonstrable pur- pose of undermining a union in the case of a dispute, but rather for the pursuit of operating a busi- ness. In other words, the employ- er must signal its willingness to continue bargaining in good faith to be able to legally hire replace- ment workers. Proponents tout benefits Proponents of anti-scab legis- lation have said it shortens the length of strikes and reduces the risk of violence on picket lines. Labour relations will mellow comparatively in cases of disputes, according to Doug Nesbitt, a PhD candidate in history at Queen's University in Kingston, Ont., and former union local leader. "Lockouts are particularly nasty — and it is exactly what it means, locking out your employ- ees — then forcing the union to capitulate to your demands," he said. "And if the employer decides to bring in replacement workers, there's really no leverage that the union has." So it would put more pressure on both sides to come to an agree- ment if business operations were halted, whereas hiring replace- ment workers raises tensions on the picket lines and ups the pos- sibility of violence, said Nesbitt. "If unions are forced to picket hard to prevent scabs going in, then the strikes are going to get more violent. Picket line violence, because of scabbing, in some cases the company will file an in- junction in the courts, which are incredibly lopsided in the injunc- tions," he said. "If the company can bring in people to do the job of the people who go on strike, there's very little the unions can do short of mount- ing large-scale campaigns." Quebec precedent However, in Quebec, the idea of less violent, shorter strikes ap- pears to be a myth, said Ronald McRobie, a lawyer at Fasken Mar- tineau's Montreal office. "In Quebec, a lot of myths have sprung up about this law being positive about reducing the length or violence of labour disputes, but it's not really true," he said. "Yes, there's less violence, but there's less violence everywhere, compared to the rest of the country." It's also not true Quebec has SHORTER > pg. 17

• Cover