OTTAWA — Employer groups are welcoming Bill C-39’s new powers to end legal strikes. Canada’s unions say their reaction exposes the contradiction in the government’s claims about “strengthening” workers’ rights.
“When large corporations are cheering new government powers to shut down legal strikes, workers should be alarmed,” said Bea Bruske, President of the Canadian Labour Congress. “Bill C-39 gives one minister unchecked power to override workers’ constitutional right to strike, with no independent body required to agree and no one with the power to stop them.”
Employer groups representing major companies in rail, ports, airlines, and other sectors have welcomed the changes. Some are already arguing the government should go further and give the minister power to intervene before a strike even begins.
Their enthusiasm is telling. Employers understand that the credible threat of a strike is what gives workers leverage to win better wages and working conditions.
Bill C-39 also allows the economic and social consequences of a strike to weigh in favour of government intervention. But those consequences are what give workers leverage to get an employer to compromise and reach a deal.
“The right to strike only means something if workers can use it when it matters,” said Bruske. “If employers believe government will step in when the pressure is on, they have less reason to compromise. A right you cannot exercise is not a right.”
The government has pointed to safeguards around the minister’s new power. But the ultimate decision is based on the Minister’s opinion and is completely at the discretion of the Minister.
“These aren’t guardrails. They’re procedural cover for unchecked power,” said Bruske.
Canada’s largest union has already warned where restricting legal strikes could lead. The Canadian Union of Public Employees’ National Executive Board unanimously committed this week to defying Bill C-39’s restrictions on the right to strike if the legislation passes unamended.
“Taking away the legal right to strike does not make a labour dispute disappear,” said Bruske. “It forces workers to choose between giving up their rights and defying the government.”
The Canadian Labour Congress is calling on Parliament to remove Bill C-39’s new restrictions on the right to strike.
BACKGROUND: Reality Check — Bill C-39 and the Right to Strike attached.
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