Shhh! Don’t utter the word "strike"

Home

Dec 5, 2013 by PressProgress

Has the Progressive Conservative government in Alberta outdone the federal Conservatives when it comes to the rights of workers?

New labour laws in Alberta don’t just strip the right of members of the Alberta Union of Provincial Employees to arbitration. Going forward, provincial employees also “won’t even be able to talk about a strike or a disruptive labour action that could be seen as leading to a strike.

“If there’s a hint of a work stoppage, just a puff of smoke from a shop floor, the union will have to forfeit $1 million a day, unless it can convince the court it didn’t encourage the strike talk from locals or random militants,” explains Calgary Herald columnist Don Braid.

Braid is talking about what he characterises as an “exceptionally vague ban on ‘an act or threat to act that could reasonably be perceived as preparation for an employees’ right.'”

Don’t be surprised if this provision makes its way to the Supreme Court of Canada, though. “It’s hard to imagine a more blatant violation of free speech,” Baird writes.

Just down from the street from the top court in Ottawa, the Conservatives are poised on Friday to pass a giant omnibus budget implementation bill that also takes a whack at workers’ rights.

The Conservative government stuffed the 322-page bill with amendments to 50 separate laws, most of which have nothing to do with budget implementation.

They include 60 amendments to the Canada Labour Code, including a watered down definition of danger to make it harder for workers to refuse dangerous work, and new rules to appeal the definition.

Twenty-three amendments to the Public Service Labour Relations Act are also in the bill, including deleting the existing definition of “essential” and replace it with one described as anything that the government in its “exclusive right” determines is or will be necessary for the safety or security of the public.

Photo: movetheclouds. Used under a Creative Commons BY 2.0 licence.

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

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

Public sector employee protections watered down under bill C-4

http://www.lawtimesnews.com

Monday, 11 November 2013 08:00 | Written By Barry Goldman and Matthew Scott

On Oct. 22, the government of Canada introduced bill C-4, a massive piece of omnibus budget legislation containing reforms and amendments to many existing laws.

The amendments affect a number of laws, including the Public Service Labour Relations Act.

The bill C-4 amendments to the act would remove many labour rights public service employees are entitled to under current legislation. Sweeping reforms to the definition of essential services, the mandate of the Public Service Labour Relations Board, the right to strike by public servants, and the financial nature of the arbitral and conciliation awards the board may grant would, among other things, effectively neuter the bargaining rights of the affected members of the public sector.

The opening volley on bargaining rights is a subtle change to the mandate of the board under s. 13 of the act. Previously, the board had a mandate to provide “adjudication services, mediation services, and compensation analysis and research services” in accordance with the act. But the amendments in s. 295 of bill C-4 dispense with the compensation analysis and research services powers of the board. That means the board could now only provide adjudication and mediation services. The change foreshadows amendments that will dramatically modify the board’s powers with respect to arbitral and conciliation awards.

The amendments to the act redefine essential services as being “a service, facility or activity of the government of Canada that has been determined under subsection 119(1) to be essential.” Under the old language of Division 8 of the act, the employer had only the exclusive right to determine the level at which an essential service could be provided. The employer and employees had to co-operate to determine which employees were affected and then enter into an essential services agreement. Failure to agree would result in intervention by the board.

The new language under s. 305 of bill C-4 would give employers the exclusive right to determine if a service, facility, or activity is essential “because it is or will be necessary for the safety or security of the public.” It would also give employers “the exclusive right to designate the positions in a bargaining unit that include duties that, in whole or in part, are or will be necessary for the employer to provide essential services, and the employer may exercise that right at any time.”

These changes would most certainly reduce the ability of federal public servants to strike. Bill C-4 also amends the process for dispute resolution under the act. It says bargaining units in which 80 per cent or more of the employees are designated as essential may not strike and must resolve their disputes through arbitration. Furthermore, bill C-4 would bolster s. 194(2) of the act that prohibits an employee organization such as a union from declaring or authorizing a strike, the effect of which would be to involve the participation of employees designated as essential by the employer.

Also, under bill C-4, no officer or representative of an employee organization would be able to counsel or procure the declaration or authorization of a strike with respect to an essential bargaining unit or counsel or procure the participation of those employees in a strike. Given that an employer would be able to designate employees as essential at any time, the change could very well make it significantly more difficult for employee organizations to secure strike votes in the future.

After having restricted the ability of employee organizations to engage in concerted labour action, the amendments would also rewrite the rules involving arbitrations and conciliations before the board. Before, under s. 148 of the act, the board had a broad spectrum of factors to consider in making an arbitral award as well as the ability to look at any other factors it deemed relevant. The new amendments strip the board of these broad powers.

Now the considerations take the form of preponderant and other factors. The term preponderant factors contains new elements, including consideration of whether the compensation levels are a “prudent use of public funds” and “Canada’s fiscal circumstances relative to its stated budgetary policies.” Likewise, the term “other factors” is a category to which many of the former considerations under the current act have been relegated. There have also been similar amendments to the conciliation provisions set out in the new s. 175 of the act.

And bill C-4 goes even further. If passed, it would allow the chairperson, either by fiat or on the application of either of the parties, to direct the board to review the matter if, in the chairperson’s opinion, the decision does not represent a reasonable application of the s. 148 factors highlighted above. This new mechanism can force the board to reconsider decisions it could have made, without internal review, under the current act where it has considered the s. 148 factors but failed to do so in a “reasonable” manner.

There’s no doubt bill C-4 will have an impact on federal public servants. Although the act was not a perfect piece of legislation regarding the collective bargaining rights of federal public servants, it did afford reasonable protections. The amendments incorporated within bill C-4 have definitely watered down employee powers and protections and, in the process, effectively removed many of those rights.

Barry Goldman is a partner at Shibley Righton LLP and a member of its labour and employment law group. Matthew Scott is a litigation associate in the firm’s Toronto office and is also a member of its labour and employment law group.

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