Andrew Coyne: There’s no spinning it — the Conservatives were spanked in Monday’s byelections

   Andrew Coyne  27/11/13  http://fullcomment.nationalpost.com

Does Stephen Harper realize that he needs to turn things around to win in 2015?   Adrian Wyld/The Canadian PressDoes Stephen Harper realize that he needs to turn things around to win in 2015?

If you were determined to be obtuse about it, you could look at the results of Monday’s byelections and say: nothing changed. The Tories held onto their two seats in the West, the Liberals held onto theirs in Ontario and Quebec. Move along folks, no story here.

Justin Trudeau would have come under less flak if he’d drawn a caricature depicting the Prophet Mohammed. Mr. Trudeau had the temerity to quote fallen NDP leader Jack Layton in his victory address, after the Liberals retained the Bourassa and Toronto Centre seats in Monday’s byelections.

Mr. Trudeau said that the NDP is “no longer the hopeful, optimistic party of Jack Layton … it is the Liberal Party that proved that hope is stronger than fear, that positive politics can, and should win out over negative.”

The invocation of Mr. Layton’s words, penned in a note to Canadians just before he died two years ago – “love is better than anger, hope is better than fear” – has incensed New Democrats, who have all but accused Mr. Trudeau of defaming the memory of their former leader.

You could do this, as I say, only if you took extravagant care to ignore everything else that happened that night: If you focused myopically on the top-line result in each riding, and paid no attention to the popular vote — the trend, the swing, across the nation and over time.

In private, I can assure you, no one in any of the parties does this. Only in the public realm do they say things like “a win’s a win” — which is what you say when a win looks a lot like a loss — and only the most programmed partisans actually mean it.

Only in the most literal sense is the Tories’ 391-vote margin in Brandon-Souris, one of the safest Conservative seats in the country, a “win.” Even the partisans found this hard to say with a straight face. Rather, they were obliged first to pretend that a Forum Research poll showing the Liberals ahead by 29 points the weekend before the election had some basis in reality, the better to conjure up a fantasy “comeback.”

To be sure, every party comes well-stocked with rationalizations on occasions like these, usually introduced by “when you consider” or some such phrase. As in: The Conservatives did pretty well, when you consider we’re in the throes of a massive national scandal. Or: the NDP collapse in Manitoba is understandable, when you consider the unpopularity of the province’s NDP government. It’s not cold, when you consider it’s February.

We would have done better, in other words, but for the fact that we did worse. Figures don’t lie, but losers can consider.

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But there’s just no spinning this one. The trends are too pronounced. Across all four ridings, the Tory vote was down 11 points versus the 2011 election, from 39% to 28%, almost exactly mirroring the national polls. The NDP, which might have been expected to gain the most from the Tories’ disfavour — when you consider how well Tom Mulcair has been performing in Parliament — instead dropped five points overall, while the Liberals surged 18 points.

If the drop in the Tory vote was the night’s main story, the rise in the Liberals’ was the other. In Provencher and Brandon-Souris, the Grits blew past the NDP to become the Tories’ main rivals, taking as many votes from the left as they did from the right. In Toronto Centre and Bourassa, they increased their margins of victory, even in the face of spirited challenges from the NDP. Conservative candidates in the East both lost their deposits, as NDP candidates did in the West. Only the Liberals were up across the board.

But the true significance of the result is captured, not by comparison to the last election, but set against the broad sweep of history. The 8.7% of the vote the Conservatives managed to hold onto in Toronto Centre — the riding of David Crombie and David MacDonald — is the party’s worst showing in any election in that riding since Confederation.

The Conservative candidate in Bourassa, likewise, took less than 5% of the vote. That is the second-worst showing for the Conservatives in that riding since 1968, when it was created. (Only 2000, when they split the vote with the Canadian Alliance, was worse.) By contrast, the Liberals’ 43% showing in Brandon-Souris was not only a 37% increase over 2011, it was their best ever.

NP Graphics

NP GraphicsClick to Enlarge

Nothing changed? Come on. We can argue about the reasons, we can debate what it portends, but on the night, there’s no getting away from it: The Conservatives were spanked. No doubt it would have been even worse for the Tories had they actually lost Brandon-Souris (“not unexpected, when you consider the Liberal candidate was the son of the riding’s long-time former Conservative MP”), but the results ought to prompt some deep reflection among the party’s leadership.

No, the Senate scandal is not likely to be at the top of most voters’ minds two years from now. But I rather doubt the Senate scandal, on its own, is what has driven one in four Tory voters to abandon the party: As I say, the polls have been showing the same thing for some time. It’s everything that went before it, and everything that’s happened since.

It’s the general impression that we are being governed by a gang of thugs — secretive, high-handed, unprincipled gusting to unethical, and openly contemptuous of such quaint notions as democratic accountability — an impression that grows more baked in each time the Prime Minister dodges a question in Parliament, or worse, sends in the clownish Paul Calandra to answer in his place.

At the same time, it’s clear the NDP have a lot of work to do to convince voters, not just of the Conservatives’ faults, but of their own virtues as their putative replacements. It must gall Mr. Mulcair, after all his weight and substance, to see the voters flock instead to the lighter-than-air Justin Trudeau. But he still has lots of time to turn things around.

For that matter, so does Stephen Harper. The difference is, Mr. Mulcair seems to realize he needs to.

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Should the public service have the right to strike? YES

By Jim Stanford, Ottawa Citizen November 26, 2013

Should the public service have the right to strike? YES   Photograph by: Chris Mikula , The Ottawa Citizen

It might seem like ancient history, but it wasn’t long ago that Canadian governments knew how to balance their books — and then some. The collective operating surplus of Canadian governments in 2007 equalled almost $40 billion. Teachers, nurses, and other public servants did their jobs. Tax revenues were more than sufficient to pay for their valuable work (in fact, average tax rates were falling, not rising).

Then along came a global financial meltdown. (No one argues, by the way, that it was caused by teachers, nurses and civil servants.) Surpluses dissolved into deficits: not huge, by historic or international standards, but significant. And some political leaders made tackling the deficit their defining crusade. Showing they could manage their own finances helped them pretend they were in control of the worrisome events around them. In that effort, public sector workers and their unions presented a politically convenient target.

It’s not that public sector compensation costs caused the deficit (which didn’t exist, remember, until 2008). Nor would squeezing public employees be central to the deficit reduction exercise. At the federal level, direct compensation accounts for only 8.5 cents of each dollar in total government spending, and that ratio has been stable. Achieving, say, a wage freeze instead of paying a normal two-per-cent annual increase, on that small share of spending, could make no noticeable difference to the fiscal trajectory.

Nor was strike activity crippling the economy and service delivery. In fact, the incidence of work stoppage (measured by days lost per worker to strikes and lockouts) fell in 2012 to the lowest since statistics began in 1946: down over 95 per cent compared to the strike-happy 1970s. Public sector workers are less likely to go on strike, not more: they’ve accounted for one-third of all work stoppage days in the last decade, even though they now make up over half of all union members.

No, tilting at public sector unions is all about politics, not economics. Governments want to change the channel from persistent economic stagnation and embarrassing scandals. Workers in the private sector suffered during the recession, politicians argue (not that they act to support private sector workers, either). So it’s about time public sector workers suffer, too. The logic of this ideology of “shared misery” may be bizarre, but it’s politically potent.

Thus began the latest chapter in a long-standing Canadian tradition: when times are tough, blame the unions. And then take away their right to strike. It’s happened over 200 times in Canada in the last 30 years.

The latest example is Bill C-4. It would give the federal government unilateral power to define who can strike and who can’t (contrary to past practice and international convention). The government won’t detail how this will happen until after the law is passed. In a true Catch-22, the bill would also neuter the arbitration process for workers who can’t strike. And the whole process is buried within a 321-page omnibus bill, debate on which was curtailed two days after it was introduced. Bill C-4 is an affront to democracy — both in Parliament, and in the workplace.

The attack on public sector labour rights is usually justified by the claim that unions have soaked taxpayers through their irresistible demands. This claim is not supported. In practice, public sector bargaining tends to follow economy-wide trends, but with a lag. Public sector wages were much lower before public sector unionization took off in the 1970s. Wages caught up in the 1980s, then fell behind again during the austere 1990s. The public sector did better in the mid-2000s. But more recently, bargaining has clearly responded to tough times: for four years running, public sector settlements have lagged well behind private sector deals, and behind the general growth of earnings in the overall economy.

Average earnings in the public sector are five to 10 per cent higher than economy averages (depending on how they are measured) — but education and credentials are significantly higher, too. Comparing similar occupations and credentials, it’s largely a wash. Women make more in the public sector than in the private sector, but men make less. The whole wage scale is compressed (with a higher bottom and a lower top). But overall public sector compensation is not out of whack — and powerful economic and political pressures tend to keep it that way.

Governments are the only employer with the power to “solve” their labour relations problems by simply dictating a settlement. The potential for misuse of this confluence of fiscal interest and political power is enormous. Most private sector employers would love to outlaw strikes and dictate wage outcomes, but they can’t — and for good reason. Where public employees provide a genuinely essential service (like fire, police, and some health services), there’s no debate: in place of strikes or lockouts, a neutral arbitration system should replicate collective bargaining outcomes without work stoppage. But other public sector workers must have the same rights as anyone else in our society to organize themselves and promote their interests, up to and including withdrawing their labour if that’s necessary to get a deal.

Jim Stanford is an economist with the trade union Unifor. Tuesday night at the Canadian War Museum, in a debate hosted by the Macdonald-Laurier Institute and moderated by former House speaker Peter Milliken, economist Jim Stanford and professor Tom Flanagan debated the resolution “The right to strike has no place in the public sector.”

© Copyright (c) The Ottawa Citizen

Scrap proposed changes to federal labour legislation in Bill C-4.

http://psacbc.com

Less than a week after reconvening Parliament, the Conservative government introduced Bill C-4, an omnibus budget bill that proposes to radically change our rights as federal public sector workers, and, by extension, is an attack against the rights of all Canadian workers.

Bill C-4 takes away the democratic rights of federal public sector employees and seriously undermines the health and safety protections in the Canada Labour Code covering workers under federal jurisdiction.

Bill C-4 is all about making it easier for the government and Treasury Board to come after federal government workers in the next round of bargaining and to strip away our long-standing negotiated rights.

Bill C-4 proposes amendments to federal labour laws that will not modernize the public sector. Rather, they are regressive and set back rights 30 years.

Bill C-4 is past second reading in Parliament and has been referred to the committee stage.

Please take action now. Email your MP and ask them to oppose these unfair and radical changes to labour legislation that affects Canadian workers.

http://psacbc.com/bargaining/email/scrap-proposed-changes-federal-labour-legislation-bill-c-4

Turning Back the Clock 50 Years: Bill C-4 and federal workers

 

Larry RousseauLarry Rousseau Regional Executive Vice President, Public Service Alliance of Canada

Posted: 11/23/2013 7:39 am    http://www.huffingtonpost.ca

Stuffed into the 309-page Conservative budget implementation act, Bill C-4, that was tabled last month, are a slew of drastic changes to the federal labour relations system, which will affect the health and safety provisions, human rights protections, and collective bargaining rights of federal workers. As its number suggests, Bill C-4 is truly explosive.

On the health and safety front, the government is changing the Canada Labour Code to limit the rights of workers to refuse unsafe work, and also doing away with independent health and safety officers, relegating their responsibilities to political appointees of “the Minister.”

Meanwhile, another part of the bill will alter the Public Service Labour Relations Act (PSRLA) to prevent federal public service workers from accessing the Canadian Human Rights Commission and Tribunal over workplace discrimination complaints. Workers facing discrimination will instead have to file their complaint directly with their employer, which would have the power to promptly dismiss it for “being trivial, frivolous, vexatious or made in bad faith.”

Bill C-4 also guts public service collective bargaining by further modifying the PSLRA to allow the government to unilaterally determine which workers are essential and therefore forbidden from striking, without recourse to third party review. (At present, when the government and the union disagree on who is essential, either party can refer the matter to the Public Service Labour Relations Board, which ensures that neither side can exaggerate their assessment of who is essential or non-essential, a sensible system that has worked well over the years.)

Furthermore, Bill C-4 denies unions the right to refer a dispute to arbitration, unless more than 80% of workers are deemed essential. This means that the government would be able to declare 79% of workers in a bargaining group as essential, deny arbitration, and then force the remaining 21% minority to strike, in a classic attempt to divide and conquer workers in a given bargaining unit.
Arnold Heeney, the renowned Canadian diplomat and civil servant who led the Preparatory Committee on Collective Bargaining in the Public Service way back in 1963, noted in his memoirs that prior to free collective bargaining “there was great and growing dissatisfaction among government employees generally with the arbitrary and paternalistic system which continued to prevail…” As a consequence of this dissatisfaction and the stunning 1965 wildcat strike by postal workers, the government under Lester B. Pearson was forced to pass in 1967 the Public Service Staff Relations Act, which first codified the right to free collective bargaining as well as the right of public service unions to choose between strikes and third party arbitration to resolve disputes. And as Heeney further observed, though a number of politicians and labour leaders at the time predicted an explosion in the frequency of strikes, “the majority of civil servants chose the former route” of arbitration to resolve their disputes with government.

Indeed, the historical record has shown that major public service strikes have remained rather infrequent, but that the right of recourse to a strike has been critical to balancing the overwhelming power held by the government over public service workers. After all, the government not only has inherent power as the employer, it also has the power to set the rules of the game through legislation.

Yet today, we find ourselves with a government intent on turning back the clock almost 50 years by attempting to rig the labour relations playing field to the point where public service workers will be thrown back to that “arbitrary and paternalistic system” Heeney wrote about. And it would seem, of course, that the government couldn’t care less that the proposed changes to the PSLRA will effectively undermine the right to free collective bargaining under the Charter of Rights and Freedoms, which was affirmed by the Supreme Court in 2007.

Together, the dangerous, undemocratic and retrograde changes contained in Bill C-4 will directly impact some 800,000 Canadian workers subject to the Canada Labour Code in industries as diverse as rail, air, broadcasting, telecommunications and fisheries, in addition to well over 200,000 federal public service workers who fall under the PSLRA–approximately a million people in total.

Yet, the Conservatives have moved to limit debate in Parliament in an attempt to ram the bill through in the next couple of weeks. In fact, it has now emerged that labour changes in the bill were drafted secretly, without consulting law professors or labour-management experts (and certainly without consulting any of the unions representing federal workers).

It’s hard to imagine a reason for the callous health and safety changes, which needlessly endanger workers, but it’s clearly evident why the Conservatives are frustrating the collective bargaining process currently spelled out in the PSLRA.

Led by Treasury Board President Tony Clement, they have spent the last two years repeatedly attacking the pay and benefits of federal public service workers, claiming that these are out of line with the private sector. They say these workers, who deliver important quality public services like Old Age Security and food inspection to Canadians, are paid too much, but ignore that the Parliamentary Budget Officer recently reported that in the last decade–the latter part of which was shaped by the Conservative agenda–wages of federal workers have mostly just kept up with inflation. They also absurdly claim at every opportunity that federal public service workers take over 18 days of sick leave each year, again ignoring research from Statistics Canada demonstrating that this is simply not true.

The repetition of such claims–false as they are–serves the goal of creating a political atmosphere conducive to squeezing out from federal public service workers non-monetary benefits they negotiated over previous decades, often in lieu of their requests for raises that were said to be unaffordable, and therefore rejected, in the context of deficits during the Mulroney years, followed by pressures of debt repayment during the Chrétien years.

We’ve been down this road before. Just this past year, the government repeatedly overreached and tried to undermine free collective bargaining with public service workers only to be forced back to the table following action by unions. It did it with technical inspectors, whose many bargaining positions were later validated by a Public Interest Commission. It did it with foreign service officers, who then won a bad faith bargaining decision. And it did it with border services officers, who also won a court injunction against a forced vote. Bill C-4 undoubtedly presents an unprecedented assault on workers and the middle class, aimed at rewriting the very rules of the game. However, one at a time, the abusive sections of this law will be defeated.

Follow Larry Rousseau on Twitter: www.twitter.com/larryrousseau

Attack on workers buried in massive budget bill

Nov 21, 2013 11:49 AM     http://cupe.ca

CUPE is urging the federal government to have open and public debates on proposed changes to Canada’s labour laws instead of burying the policy changes in its latest omnibus budget bill.

Bill C-4 has been introduced by the Harper Conservatives as an implementation bill for the 2013/14 federal budget. Within the bill, there are dramatic changes to who can and who can’t go on strike in the federal public service. The bill also proposes changes to health and safety laws for federal workers, and workers in federally regulated sectors – such as telecommunications, air transportation, and workers on First Nation reserves.

In a letter to Prime Minister Stephen Harper, CUPE calls for the withdrawal of all changes that impact workers’ right to strike and changes that threaten the health and safety of workers and all Canadians.

Read CUPE’s letter to Prime Minister Stephen Harper