Legislating workers back to work creates bad labour relations: CFLR

“Short-term coercive fixes do not create the conditions for developing long-term solutions to the challenges facing Canadian workers and employers.” CFLR Board Member Judy Fudge

Ottawa (21 June 2011) – The Canadian Foundation for Labour Rights (CFLR) has expressed alarm at the federal government’s interference with the free collective bargaining rights of Canada Post employees, with the introduction of back-to-work legislation yesterday to end the lock out by Canada Post. The Harper government similarly threatened such legislation last week to end the Air Canada strike when employees were on strike for only one day.

“It looks like the Harper government is treating the Supreme Court of Canada's decision in Fraser, which appears to narrowed the Charter's protection of collective bargaining rights, as a green light for back-to-work legislation,” said Judy Fudge, law professor at the University of Victoria and Board Member on the CFLR. “Legislating workers back to work instead of letting the process of collective bargaining unfold simply creates bad labour relations and does not resolve issues that can only be solved through negotiation.”

The recent Fraser decision denied agricultural workers the same collective bargaining rights afforded other workers in Ontario. It did however affirm that government interference with existing collective bargaining rights may be a violation of the freedom of association guarantee in the Charter.

“Armed with a majority, it looks like the Harper government is willing to use its political power to interfere with the collective bargaining process and order workers back-to-work,” said Fudge. “Short-term coercive fixes do not create the conditions for developing long-term solutions to the challenges facing Canadian workers and employers.”

CUPW engaged in rotating strikes for only 12 days when Canada Post locked-out employees on June 14. The union says this was a strategic move by the employer to signal the government to legislate the workers back to work instead of engaging in meaningful negotiations towards a mutually acceptable contract.

“Back-to work legislation is a blunt tool and the speed with which the government is resorting to this tool is unprecedented,” according to Veena Verma, labour lawyer and Board Member on the CFLR. “The Harper government’s response to both the Air Canada strike – after a mere 16 hours – and in the Canada Post case – sends a message that free collective bargaining will not be respected and government will interfere to tip the scales on the employer’s side.”

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