President’s Letter

This article is featured in the summer issue of the Union Stand

Dear members,

As the Nova Scotia government wraps up their nine-day legislative session the federal government begins their own fall session in Ottawa. Facing increasing tariffs from the United States and a continuing rise in the cost of living. Canadian workers were looking for some hope and optimism from the Prime Minister.

Instead, working families got Bill C-39, the Building Canada Strong Act. Sounds hopeful, doesn’t it? Just wait for it.

The bill will impose new conditions on an important part of the Canada Labour Code, section 107. This is the section that oversees strike actions and government’s ability to intervene in work stoppages. This section has been used most recently in strikes involving national airlines.

The labour movement was hoping to see this section amended with more restrictions or repealed altogether. The government says they have created a higher bar for when section 107 can be used. Labour disagrees.

Under the proposed legislation the minister would have to fulfil two conditions before using section 107. The first is that the minister must declare that a labour dispute is negatively impacting the ‘national interest.’

The bill defines ‘national interest’ as events impacting the economy, causing serious social disruption and has effect on the freedom of association.

The legislation also creates a new special mediator role. This role would set out the parties’ positions, make recommendations towards a new collective agreement and would submit a report to the Minister of Labour for consideration.

The federal government positions this as a ‘higher bar’ that must be met before any intervention can take place. The Canadian Labour Congress suggests otherwise.

Bea Bruske, CLC president says the new legislation gives the government the ability to end a strike unilaterally when it decides the national interest is at risk.

The point is the intent of a strike or work stoppage is to create economic impact; it’s the most powerful leverage workers have against their employers. This legislation lessens the employer’s incentive to bargain in good faith because any labour stoppage will have an economic impact and therefore be scuttled by the federal government.

Bruske told the media that during a time when workers are under attack due to the trade/tariff war they need more chances to be “elbows up”, not to have their hands tied.

As we witnessed here in Nova Scotia with Stephen McNeil’s Bill 148, governments are becoming more empowered to use legislation to try and circumvent free, fair collective bargaining. McNeil’s bill was ruled unconstitutional, and its effects will continue to ripple through government and workers.

Collective bargaining is not something that should be legislated away as an inconvenience. Collective bargaining has improved the health and safety of workers, provided pensions and benefits to families and created good jobs so people can provide for themselves and their families. This is a time when the government should be bringing all sides together and focus on building a more independent and resilient workforce. It should not use the fear and uncertainty of the moment to ram through new anti-worker legislation.

Fair warning Prime Minister Carney: workers are watching and will have a major say in the next election.

In solidarity,

Sandra Mullen
NSGEU President