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Proposed TTC essential service law violates international labour standards

“Restricting fundamental collective bargaining rights of transit workers just to appease the new anti-union administration at Toronto city hall is a slap in the face to all unions in Ontario and across Canada." - James Clancy, NUPGE national president Toronto (17 Mar. 2011) - Proposed legislation, Bill 150, TTC Labour Disputes Resolution Act, introduced by the Ontario Liberal government, taking away the right to strike of Toronto’s public transit workers clearly violates international labour standards, according to the National Union of Public and General Employees (NUPGE). “This is a clear violation of international labour standards set out by the well-respected International Labour Organization (ILO), an agency of the United Nations," noted NUPGE President James Clancy. “A strong principle of the ILO is that governments should give priority to collective bargaining as a means of determining wages and employment conditions of their employees. Bill 150 obviously ignores this important principle." The Liberal government claims that designating Toronto’s public transit system an essential service was a matter of public health and safety. "There is no evidence for this, in fact, the police, fire and emergency services have all said that TTC strikes does not interfere with their response times, “ said Bob Kinnear, president of Local 113 of the Amalgamated Transit Union which represents most of Toronto’s public transit workers. “And the Toronto Public Health Department says there is no data on the effects of TTC strikes on public health." Clancy noted that Kinnear’s assertion is backed up by ILO standards. “Public transit, does not fit the ILO’s definition of essential services and, in fact, there have been a number of ILO rulings over the past several years that have reinforced this view. “I’m sure Bill 150 will be the subject of a complaint to the ILO, and will be found to be in violation of international labour standards, just as several other anti-union laws passed by this government has been in recent years," said Clancy referring legislation banning part-time college workers and agricultural workers from engaging in collective bargaining." Clancy continued, “Restricting fundamental collective bargaining rights of transit workers just to appease the new anti-union administration at Toronto city hall is a slap in the face to all unions in Ontario and across Canada." NUPGE The National Union of Public and General Employees (NUPGE) is one of Canada's largest labour organizations with over 340,000 members. Our mission is to improve the lives of working families and to build a stronger Canada by ensuring our common wealth is used for the common good. NUPGE

This is what democracy looks like - check out our photos from Wisconsin

UPDATED Sun. Mar. 13 - NUPGE national president James Clancy joined other NUPGE representatives (Doug Evetts OPSEU/NUPGE; Jim Paul OPSEU/NUPGE; Vic Wonnacott MGEU/NUPGE; Holly Page BCGEU/NUPGE; and Greg Hamara OPSEU/NUPGE) in Wisconsin to provide support and solidarity to public service workers. They joined with 100,000 other people who marched around the state Capital. Check out these photos.     NUPGE president James Clancy joins the march in Madison       Jim Paul (OPSEU/NUPGE and James Clancy (NUPGE president)         Doug Evetts (OPSEU/NUPGE); James Clancy (NUPGE president)   Vic Wonnacott (MGEU/NUPGE); James Clancy (NUPGE president)                     Jim Paul (OPSEU/NUPGE); Vic Wonnacott (MGEU/NUPGE); Doug Evetts (OPSEU/NUPGE)     Holly Page (BCGEU/NUPGE)   Jim Paul (OPSEU/NUPGE; Doug Evetts (OPSEU/NUPGE); Vic Wonnacott (MGEU/NUPGE)       Michael Moore                      Jim Paul (OPSEU/NUPGE) and Vic Wonnacott (MGEU/NUPGE)        Jesse Jackson           

Wisconsin people not giving up despite sneaky move by Senators in dark of night

In 30 minutes, in the dark of night, Republican Senators undid decades of civil rights in Wisconsin. They used a sneaky procedural move to strip collective bargaining rights from public service workers. But the people of Wisconsin aren't giving up. They're planning actions for the rest of the week and NUPGE representatives are there to support them. Ottawa (10 Mar. 2011) - The Wisconsin Senate, using a sneaky procedural move in the dark of night, succeeded in voting Wednesday to strip nearly all collective bargaining rights from public service workers. The Republican Senators found a way to bypass the legislature's absent Democrats and approve a full frontal attack on public employees and their unions. "You are cowards!" spectators in the Senate gallery screamed as lawmakers voted. Within hours, a crowd of a few hundred protesters inside the Capitol had grown to an estimated 7,000, more than had been in the building at any point during weeks of protests. The Wisconsin Senate requires a quorum to approve any measures that spend money. All 14 Senate Democrats fled to Illinois nearly three weeks ago, preventing the chamber from having enough members present to debate and pass Gov. Scott Walker's budget bill. But Wednesday night Republicans removed all spending measures from the legislation and a special committee of lawmakers approved the revised bill a few minutes later. The move exposes the fact that the Governor's real agenda from the beginning isn't about balancing the state budget; it's about attacking unions and stripping workers of their fundamental labour rights. NUPGE representatives are in Madison, Wisconsin providing support and solidarity to public service workers and they sent the following report and photos about some of yesterday's events. Jim Paul (OPSEU/NUPGE); Vic Wonnacott (MGEU/NUPGE); Doug Evetts (OPSEU/NUPGE) Dispatch from Wisconsin "This is what democracy looks like. What does democracy look like? This is what democracy looks like!" (Protest chant heard in the rotunda of the Madison Capitol building) Madison is rally town. The protests simply do not stop. Every day between 8am and 4pm, a steady line of people wait their turn to get inside the Capitol, so they can join the others inside the Rotunda. You have to be patient. There is only one set of open doors. The Rotunda is where the peaceful occupation occurred a couple of weeks ago and put Madison in the news headlines. It has been called a shrine for working people. As soon as you walk in, you can hear hundreds of people singing and chanting, "this land is your land." The acoustics are amazing. People are also shouting: "This is what democracy looks like. What does democracy look like? This is what democracy looks like." Over and over again. Every day, the Rotunda closes at 4pm. At that time, hundreds of people gather outside to greet the protesters coming out with chants about democracy. Once everybody is out, they call out, "thank you, thank you." It’s like a daily ritual. In the nearby streets, there are hundreds of people randomly walking around, carrying protest signs as well. They are talking to each other, sharing why they are protesting, sharing their personal motivation and stories. The entire town is behind the protest. Everywhere you go there are signs on display expressing support. It’s as though every citizen and group in Madison and Wisconsin is behind the protest. Their support is loud and clear. A rally is being planned for this Saturday, March 12, and more than one hundred thousand people are expected to participate. NUPGE The National Union of Public and General Employees (NUPGE) is one of Canada's largest labour organizations with over 340,000 members. Our mission is to improve the lives of working families and to build a stronger Canada by ensuring our common wealth is used for the common good. NUPGE 

The attack on US labour – it’s not about paying the bills

"In Canada, we’re told that Wisconsin is a lesson for public sector unions. The public can no longer afford to pay for "cushy" salaries and benefits for public sector employees. We have to get with the times. What a complete crock." - NUPGE secretary-treasuer, Larry Brown By Larry BrownNational Secretary TreasurerNational Union of Public and General Employees Ottawa (10 Mar. 2011) - The rights of public sector workers are under attack in the United States, in state after state, with Wisconsin being the most visible example. This wholesale attack is being justified there, and by anti-labour wannabes in Canada, as a matter of the public sector being too expensive, and governments being burdened with deficits and debts. They say there really isn’t any choice but to clamp down on public sector spending, and since the unions won’t cooperate they have to be put in their place. In Canada, we’re told that Wisconsin is a lesson for public sector unions. The public can no longer afford to pay for cushy salaries and benefits for public sector employees. We have to get with the times. What a complete crock. The truth is the attack on public sector unions comes less than a month after the state's fiscal bureau concluded that Wisconsin isn't in need of austerity measures and could end the fiscal year with a surplus; the bureau concluded that the current budget shortfall is a direct result of tax cuts Governor Walker enacted - to please his corporate backers - in his first days in office. We only have to look at some of the Governor’s own proposals to expose his true agenda: attacking unions, not the deficit. Why else would Walker include a measure to force unions to hold votes each year to determine if a majority of public employees want to keep their union? How is that relevant to the state’s budget? Besides, public sector unions in Wisconsin have already agreed to cut wages and benefits, but the attack on their bargaining rights continues unabated. Across the US, governments are saying they have no choice but to make cuts to the public sector. This after the federal government, under pressure from the Republican Congress, chose to continue tax breaks for the wealthy that will cost the government $917 billion over the next three years. Tax cuts for the wealthy, wage freezes or worse for public sector workers. Sharing the pain. This isn’t about paying for public services. It’s about weakening one of the last remaining groups strong enough to fight back against the politics of greed and inequality.Unionization in the private sector is at just 6.9 percent of the workforce, while in the public sector 36.2 percent of workers have unions. The public sector is labour’s last stronghold. Get rid of unions there and you seriously weaken unionization in the US. This is also about an open attempt to weaken the Democratic party. It’s no secret that unions are major supporters of the Democratic party, and provide much of it’s funding. If the attack on unions succeeds, Republicans will be poised for almost certain electoral gains. All this after the conservative-led US Supreme Court’s ruling in the Citizens United case in January 2010 cleared the way for America’s biggest corporations and pro-corporate organizations to contribute millions directly or indirectly to Republican campaigns, ruling that limits on spending by American corporations was unconstitutional. Meanwhile, here in Canada we’re told that this US attack on unions is the way of the future and that public sector unions in Canada need to toe the line, heed the message, or the same thing will have to happen here. Well, we do have governments handing out billions of dollars in tax cuts for profitable corporations and the wealthy, which public employees are asked to subsidize with wage freezes and lost jobs. This whole fight is not about paying the bills, it’s about what kind of public services we have and what kind of fair tax system we need to pay for them. It’s about fundamental fairness - and it’s about real democracy. NUPGE The National Union of Public and General Employees (NUPGE) is one of Canada's largest labour organizations with over 340,000 members. Our mission is to improve the lives of working families and to build a stronger Canada by ensuring our common wealth is used for the common good. NUPGE More information: The Fight for the Labour Movement in the United States 

Dispatch from Wisconsin: "Wisconsin is the canary in the coal mine"

NUPGE representatives are in Madison providing support and solidarity to Wisconsin public service workers. This is the first in a series of dispatches from Wisconsin, where the governor's union-busting is spurring a popular uprising. Ottawa (9 Mar. 2011) - Every day for the past 20 days, there have been protests in the streets of Madison, Wisconsin's capital. Tens of thousands of people have joined the protests. The Republican state Governor, Scott Walker, wants to strip collective bargaining rights from 175,000 Wisconsin public service workers. Under the proposed legislation, workers would no longer have a voice on key issues such as working conditions, health and safety, grievance procedures, or equality provisions. This is a full, frontal attack on collective bargaining rights, public sector unions and the entire US labour movement. The following report and photos are from Holly Page (BCGEU/NUPGE) who is one of the NUPGE representatives in Wisconsin. Wisconsin Dispatch 1: "Wisconsin is the canary in the coal mine"  Of the thousands of protest signs I've seen, one of my favourite reads: "Wisconsin is the canary in the coal mine." It resonates with what could be the rolling out of union busting not only here in Madison, Wisconsin, but in Canada as well. I arrived in Madison on the 20th day of the protests. The sounds are spectacular: chanting, drumming, people cheering. This has been unlike any demo I have ever been to. The Wisconsin Capitol building is the focus of the protest. It sits in the middle of a huge, square block, surrounded by streets on all four sides. Forty to fifty thousand activists are walking around the square chanting and singing. There is a huge rally with another couple thousand people on one side of the building, and another rally with a thousand more people on the opposite side. People are lined up hundreds deep on the remaining sides of the building. Flags, banners and pickets can be seen everywhere. The mood and energy is incredibly powerful, and positive. On every door of the Wisconsin Capitol building, there are coloured post it notes with messages to the elected. I posted a note of solidarity from the BCGEU. Today I will line up and hang our BCGEU Flag in solidarity.                        Nearly every store and business has a sign in the window supporting the unions. There is a lot of local police presence here, but many of them are having pictures taken with protesters and shaking hands and hi-fiving people. The people of Madison are clearly supporting this rally. Sprinkled throughout the crowds are palm trees all shapes and sizes. Last week, right wing news channel FOX News showed violent demonstrations on their newscasts. They said it was footage from Madison, Wisconsin, that happened to feature palm trees in the back ground. That was obviously not Madison, where the average temp now is six degrees celsius. Home made palm trees of all shapes and sizes now grace central Madison, along with signs  stating "FOX lies." FOX News is engaged in a disinformation campaign, calling Madison protestors "greedy" and "violent unions." As I type, I can hear bagpipes. Firefighters decked out in gear are playing bagpipes and drumming. As I get closer in the middle of the parade, I see Michael Moore has come to join the rally. He addressed the rally for about 20 minutes thanking everybody who has maintained a hold on Wisonsin's Capitol for almost three weeks. He told them not to walk away. "We're going to do this together. Don't give up. Please don't give up,"  he said. (Click here for a video of Michael Moore's speech.)  Stay tuned for more BCGEU dispatches from Wisconsin. NUPGE The National Union of Public and General Employees (NUPGE) is one of Canada's largest labour organizations with over 340,000 members. Our mission is to improve the lives of working families and to build a stronger Canada by ensuring our common wealth is used for the common good. NUPGE

Human Rights Watch condemns U.S. attack on Labour Rights

Most major advanced democratic countries honour collective bargaining rights of public employees. By contrast, many undemocratic countries restrict or prohibit collective bargaining by public employees. Washington, DC (3 Mar. 2011) – Proposals in Wisconsin, Ohio, Indiana, and other states to strip public workers of collective bargaining rights violate international labor rights standards, according to Human Rights Watch, one of the world’s leading independent organizations dedicated to defending and protecting human rights said today. In a statement issued Friday, February 28, 2011, Alison Parker, US Program director at Human Rights Watch said, "There are real financial constraints on states, but that is no excuse to seek to eliminate fundamental rights. State governments can negotiate cost savings with workers without violating their rights in the process." International law on the right to bargain collectively applies in both private and public workplaces. The United States championed the International Labor Organization's 1998 Declaration on Fundamental Principles and Rights at Work, under which the US pledged "to promote and to realize ... fundamental rights" defined in the declaration, the first of which is "freedom of association and the effective recognition of the right to collective bargaining." The United States is also a party to and bound by its obligations under the International Covenant on Civil and Political Rights which guarantees everyone the right to protect his or her interests through trade union activity which includes collective bargaining. Most major advanced democratic countries honour collective bargaining rights of public employees. For example, all EU countries allow public sector workers to bargain collectively. In 2007, the Supreme Court of Canada ordered the province of British Columbia to restore collective bargaining agreements nullified by legislation. By contrast, many undemocratic countries restrict or prohibit collective bargaining by public employees. For example, the Egyptian government has prohibited public sector collective bargaining and allows public employee unions to exist, in name only. At the US state level, many states respect the right to organize and bargain collectively and allow wide scope for subjects of bargaining, consistent with international standards. Other states, like North Carolina, prohibit collective bargaining altogether, in violation of international human rights norms. Wisconsin historically has been called a "laboratory of democracy" in the American system with a strong record of honoring workers' rights of association, organizing, and bargaining. It was one of the first states to grant public employees the right to bargain collectively but is now on the verge of violating those basic rights, reports Human Rights Watch. "Wisconsin, Ohio, Indiana, and other states threatening to impose harsh new restrictions on public employees' collective bargaining rights should step back from the brink," Parker said. "They should honor public employees' right to bargain collectively." NUPGE The National Union of Public and General Employees (NUPGE) is one of Canada's largest labour organizations with over 340,000 members. Our mission is to improve the lives of working families and to build a stronger Canada by ensuring our common wealth is used for the common good. NUPGE More Information: President's Commentary: Lessons from Wisconsin 

NUPGE responds to Margaret Wente's attack on public sector workers and unions

"Sometimes I think I live in a parallel universe to Margaret Wente. Today I know so."- James Clancy, NUPGE national president Ottawa (2 March 2011) In yesterday's Globe and Mail newspaper, "journalist" Margaret Wente launched a vicious attack on public sector workers and their unions. James Clancy, President of the National Union of Public and General Employees (NUPGE), submitted the following response to the column. The Globe and Mail has not published it yet. Editor: Re: Margaret Wente, "In Madison, the reactionaries are on the street," Globe and Mail March 1, 2011 Sometimes I think I live in a parallel universe to Margaret Wente. Today I know so. She watches the remarkable events unfolding around the world and then compares unionized workers in Wisconsin to reactionaries. I see the same pictures of brave people fighting for democracy in Libya and Egypt and wonder why the American Republicans are trying to destroy trade unions, one of the pillars of their democracy. One of the things the Americans did in Germany after the Second World War was to invest in restoring civil society, and chief among that group was trade unions. The Americans knew that without civil society, including strong representatives of working people in unions, that democracy would be in peril. So it is very surprising to see the Republican Governor in Wisconsin and other “red” states trying to destroy them in the public sector. It is even more surprising to see Ms. Wente cheering them on from her safe perch in the Globe's ivory tower. Her hopes that Canadian politicians will take note of the situation in Wisconsin are unnecessary. We already have a cadre of political leaders who would like nothing better than to emulate their Republican brothers in arms. Tim Hudak, the Mike Harris wannabe, comes to mind. Ms. Wente should also advise our very own reactionaries in Canada that the response from the American people, not just the trade unions, has been strong and unabated. A recent Gallup poll found that 61% of Americans oppose a law in their state similar to the one proposed in Wisconsin. I hope that democracy and freedom will win all over the world, especially with our neighbours to the South. James ClancyNational PresidentNational Union of Public and General Employees NUPGE The National Union of Public and General Employees (NUPGE) is one of Canada's largest labour organizations with over 340,000 members. Our mission is to improve the lives of working families and to build a stronger Canada by ensuring our common wealth is used for the common good. NUPGE

Charest government nothing more than bullies for passing unjust law

“The Charest government knows this law will eventually be overturned in the Courts but yet steamrolls ahead anyway with a law that is clearly unconstitutional.” - James Clancy, NUPGE national president. Ottawa (23 February 2011) – Jean Charest and his government show themselves to be nothing more than bullies for jamming back-to-work legislation through the Quebec legislature to end a strike of the province’s crown prosecutors, according to the National President of the 340,000-member National Union of Public and General Employees (NUPGE). Less than one day after being introduced in the Quebec legislature, Charest’s Liberal government passed Bill 135: An Act to ensure the continuity of the provision of legal services within the Government and certain public bodies. The legislation ended a two week strike by the provinces 1,500 government lawyers crown prosecutors. It also imposed a five-year agreement on the lawyers with a six percent salary raise, far short of the 40 percent wage hike the Quebec Crown Prosecutors Association had been asking for during negotiations. “The Charest government has clearly said to their lawyers and crown prosecutors if you don’t like our wage offer go on strike. But if you do exercise your right to strike, we’ll simply legislate it away from you,” said James Clancy, NUPGE national president. In 2003, crown prosecutors asked that their salaries be set through binding arbitration as they are in all other provinces across Canada. The government refused their request and instead granted them the right to strike as the only method for settling a dispute in negotiations. “They’re acting like school yard bullies. The government makes the rules but simply tears them up if they don’t work to their advantage. What’s worst is that these unjust actions also result in the loss of fundamental human rights for its employees.” “The Charest government is clearly aware that its actions are a violation of basic human rights as defined in our Charter of Rights and Freedoms. This is not the first time they have been found to pass labour laws that violate the Charter. They know this law will eventually be overturned in the Courts but yet steamrolls ahead anyway with a law that is clearly unconstitutional.” “Such flagrant disregard for human rights is not compatible with the values of Quebecers and I think the Liberal government will be shown that during the next provincial election,” added Clancy. Quebec government lawyers are the lowest paid in Canada and have the highest workload. Currently there is one prosecutor per 16,500 people in Quebec compared to the national average of one for every 11,000 people. NUPGE The National Union of Public and General Employees (NUPGE) is one of Canada's largest labour organizations with over 340,000 members. Our mission is to improve the lives of working families and to build a stronger Canada by ensuring our common wealth is used for the common good. NUPGE More information: Labour rights are Human Rights 

President's Commentary: Lessons from Wisconsin

Wisconsin Governor’s attack shouldn’t be a surprise to any of us. Indeed, the question has only been when and which jurisdiction in North America would be first to take such heavy handed action. By James ClancyNational PresidentNational Union of Public and General Employees (NUPGE) Question – what do the players of Super Bowl champs the Green Bay Packers have in common with Wisconsin’s teachers, social workers, nurses and state employees? Answer – all are rising up in protest to the union-busting antics of Governor Scott Walker (for more see here). Walker has recently earned the nickname ‘Hosni’ for his announcement that he is planning to strip the state’s public workers of collective bargaining rights and slash their wages and health benefits. And if these folks have the temerity to oppose ‘Hosni’ Walker’s edicts he will call in the Wisconsin National Guard (more background see here, here and here). Unsurprisingly, this has raised the ire of more than a few people in the state. An unusual voice against the Governor has been many of the players of the publicly/fan owned Green Bay Packers. Players Brady Poppinga and Jason Spitz and former Packers Curtis Fuller, Chris Jacke, Charles Jordan, Bob Long and Steve Okoniewski have stated that: “in an unprecedented political attack Governor Walker is trying to take away their right to have a voice and bargain at work. The right to negotiate wages and benefits is a fundamental underpinning of our middle class…..These public workers are Wisconsin’s champions every single day and we urge the Governor and the State Legislature to not take away their rights.” But the Governor’s attack shouldn’t be a surprise to any of us. Indeed, the question has only been when and which jurisdiction in North America would be first to take such heavy handed action. The private sector unions in Canada and the US have taken quite a beating over the past couple of decades. Sustained and prolonged attacks on these unions have seen significant decline in their size and influence. Many in government and business think that the time is ripe to turn their sights on the public sector unions. Why? We will undoubtedly hear a lot of blather about debts and deficits as well as general crapping on how “cushy” public sector workers supposedly have it. But that is just a cover for the real reason. Ultimately it is that the rich and powerful don’t like people standing up to them. Unions remain one of the strongest vehicles for change in the world. Able to connect to large numbers of people and speak out without fear of seeing their funding cut. Strikes threaten their beloved profits. And unions speak out for everyone not just their members. We know that an injury to one is an injury to all! The labour movement represents workplace and grassroots democracy at its best! Dictators know this when they ban unions. Workers know this when they face harassment and discrimination when trying to join them. Fundamentally that is why the rich and powerful hate unions. It is also why we must continue to fight for our rights – our labour rights. It is for this reason that my union, the National Union of Public and General Employees (NUPGE), has been arguing that Labour Rights are Human Rights for decades now. Will the Canadian government or one of our provinces take a measure as extreme as Wisconsin’s ‘Hosni’ Walker? I hope not. But, to be candid, I think some will if they think they can get away with it. That’s why we must stand strong. Speak out. Mobilize. Labour Rights Are Human Rights!   James ClancyNational President NUPGE James Clancy is the national president of the National Union of Public and General Employees (NUPGE), one of Canada's largest labour organizations with over 340,000 members. Our mission is to improve the lives of working families and to build a stronger Canada by ensuring our common wealth is used for the common good. NUPGE More information: Letter from James Clancy to Governor Scott Walker pdf OPSEU - Solidarity with Wisconsin public sector workers Wisconsin Budget Repair Bill Protest video In Wisconsin, "Everything is at stake" MSNBC : 30,000 In Madison Protest Gov. Walker's Union Busting Email your letter of protest here Sign the AFL-CIO We are One statement  

Organ donor leave available in Quebec

Quebec organ donors allowed unpaid leave Ottawa (14 Feb. 2011) A Bill, creating an organ donor registry and allowing for unpaid leave of absences for donors, will come into effect in Quebec on February 28, 2011. The Quebec government passed Bill 125,  An Act to facilitate organ and tissue donation in December 2010. The Bill amends An Act respecting labour standards to provide an unpaid leave of absence of up to 26 weeks to workers who donate organs or tissues. After an organ donor leave, the Bill requires the protection of workers' jobs and rates of pay and benefits until they return to work. The legislation also establishes a consent registry for post-mortem donation of organs and tissues. Ontario and Manitoba have previously passed similar organ donor legislation. The Quebec legislation comes into effect on February 28, 2011. NUPGE The National Union of Public and General Employees (NUPGE) is one of Canada's largest labour organizations with over 340,000 members. Our mission is to improve the lives of working families and to build a stronger Canada by ensuring our common wealth is used for the common good. NUPGE More information: Bill 125

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