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Global job recovery threatened by fiscal austerityThe world needs to create 50 million jobs to return to pre-crisis employment levels, according to the ILO, but fiscal austerity and tough labour market reforms threaten a true jobs recovery. Geneva (02 May 2012) – Governments should adopt more worker-friendly approaches in dealing with fiscal austerity, according to the recently released International Labour Organization (ILO) World of Work Report 2012. Such a change in policy could result in adding around two million jobs in advanced economies over the next year, as opposed to only about 800,000 if current approaches persist. The report charged that the combination of fiscal austerity and tougher labour market reforms – or deregulation – adopted by many advanced economies have proved devastating to job creation, in particular and largely ineffective in reducing fiscal deficits. "Countries that have chosen job-centered macroeconomic policies have achieved better economic and social outcomes," according to Raymond Torres, the director of the ILO's International Institute for Labor Studies and the report's lead author. "Many of them have also become more competitive and weathered the crisis better than those that followed the austerity path." Combined with increases in growing income and wealth inequality in many countries, the unemployment situation is also increasing the risk of social unrest in the most-affected economies, according to the 128-page report. The report estimates that some 50 million jobs are missing compared to the situation before the 2008 financial crisis. Other main findings of the report include: Youth unemployment rates have increased in about 80 per cent of advanced countries and in two-thirds of developing countries; Poverty rates have increased in half of developed economies and in one-third of developing economies, while inequality rose in half of developed countries and one-fourth of developing economies; On average, more than 40 per cent of job seekers in advanced economies have been without work for more than a year. Involuntary part-time employment has increased in two-thirds of advanced economies. Temporary employment has also risen in more than half of these economies. In 26 out of the 40 countries for which information is available, the proportion of workers covered by a collective agreement declined between 2000 and 2009. 28 per cent of the selected group of emerging and developing countries implemented policies to reduce social benefits during the crisis compared to 65 per cent in advanced economies. More information: ILO World of Work Report 2012 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 |
May 1, 2012 |
Murray Dobbin: Expect more from your governmentThe myriad assaults on the nation being implemented by Harper are really just the latest chapter in what has been a revolution of lowered expectations: a deliberate and systematic culture war on ordinary Canadians' deeply held values about the role of government. by Murray Dobbin Murray Dobbin has been a journalist, broadcaster, author and social activist for over 35years. He has written extensively on various trade agreements and their impact on democracy and on neo-liberalism's attack on social programs and is also a leading activist and analyst in the movement against corporate globalization. Ottawa (27 April 2012) - Something is happening in Canada that seems, in the context of a majority Harper government, counter-intuitive. Harper continues implementing his right-wing revolution by fiat, and Preston Manning’s “democracy” institute says Canadians actually want “less” government and more individual responsibility. Yet a flurry of polls in the past few weeks and months suggest two dramatic counterpoints to this self-serving narrative. First, in a development that is virtually unprecedented, inequality has become, by far, Canadians’ top concern displacing the perennial front-runner, Medicare. And closely related are a number of polls showing that Canadians in large majorities think wealthy people and corporations should pay more taxes. They are even willing to pay more themselves. How these attitudes will play out over the longer term is hard to predict. Other trends are not so encouraging. The trouble with normal, Bruce Cockburn told us, is it always gets worse. And that's the danger in times like this when we watch the ratcheting back of democratic government and the things that it has provided. The longer term threat to democracy is that we become inured to the systematic assaults on it. It is easy to get demoralized with what one US writer called “surplus powerlessness.” Without an obvious short-term solution to the quasi-dictatorship of the Harper government the easiest response is to deny it is happening – and then get used to it. No opposition party has so far said that they are committed to reversing all the reactionary and destructive actions of this government. Yet this is what we should be demanding of them. The myriad assaults on the nation being implemented by Harper are really just the latest chapter in what has been a revolution of lowered expectations: a deliberate and systematic culture war on ordinary Canadians' deeply held values about the role of government. Starting in the late 1980s with the FTA campaign corporations and their propaganda agencies like the Fraser Institute, set out to reverse the so-called welfare state, and the belief system it rested on. The slogan for the free-traders was simple and repeated endlessly: there is no alternative. Of course there were alternatives, just none that the corporate state was going to allow. Neo-liberals and the Christian right have been engaged in a 30 year process of trying to change the political culture into something more akin to the individualism of the US. To do that they had to demonize government – the institution of collective action which distinguished us from our southern neighbours. The free trade battle was followed by the deficit hysteria campaign promoting the spectre of hitting the (non-existent) debt wall, softening Canadians up for huge cuts to social spending (courtesy Paul Martin). Demonizing government and government workers (lazy, privileged, self-interested, overpaid) also prepared the ground for the laying off of 50,000 federal employees. And, of course, as programs were diminished, so too was the average citizen’s trust in government. Lastly was the whole question of taxes and tax cuts – the litmus test of a new political culture of smaller government and individual responsibility. Framing taxes as a burden, and telling people they knew how to spend their money better than government, the Liberal and Conservative regimes handed out billions upon billions of tax cuts in their efforts to downsize democracy. Yet the whole project is turning out to be a failure. Canadians’ values have changed very little since the 1960s and 70s. What has changed are people’s expectations of what is possible from government. We cling stubbornly to our values but no longer expect to see them reflected in government policies. Until now. Thanks in large part to the wonderful activists in the occupy movement, suddenly Canadians are emerging from this war on democracy with the beginnings of what it will take to turn things around. There is growing evidence that, for a majority of Canadians, personal experience is beginning to trump propaganda. As they see services decline, inequality rise, infrastructure crumble and democracy erode, what they have always known comes to the fore – that a civilized society is fair and that you have to pay for it. For 31% of Canadians to say (as they did in this Ekos poll) that inequality is their number one concern, placing fiscal issues at 9% means this sentiment has been growing for some time. It just took the catalyst of the occupy rebellion to bring it forward. And the many polls revealing we are prepared to pay more taxes is an obvious extension of that moral imperative. The Ekos poll showed 59% chose investing in social programs as the highest government priority, compared to 16% who wanted to keep taxes as low as possible. The Broadbent Institute’s recent polling was even more encouraging. Seventy-seven percent identified inequality as a major problem undermining Canadian values, were willing to do their part to address it and believed it should be a government priority to deal with it. While a large percentage supported fairer taxes (with the wealthy and corporations paying more) a significant majority, 64%, were willing to pay more themselves to save social programs – 72% of Liberal and NDP supporters and even 58% of Conservative supporters agreed. The majority support held across regions, gender, age, education level and family income. When the provincial NDP in Ontario recently called for a modest 2% tax hike for those earning half a million dollars or more the public response was overwhelmingly in favour – by a margin of 78% in favour to 17% opposed. The Liberal government read the polls – and agreed to the tax increase to get the NDP’s support for its budget. Even in Calgary – in the heart of anti-tax country – 55% supported increasing municipal taxes while only 10% called for a decrease. The media seems completely caught off guard by these and other polls. The Globe and Mail did an interactive poll the day before the federal budget and declared: “What stood out was the across the board call for higher taxes.” People were willing to see the GST restored to 7%. A columnist for the National Post worried that the arguments against taxing the wealthy were not very convincing – especially when the mainstream is supportive. When it comes to tax cuts the message is clear: enough is enough. At the same time as the polling is showing these remarkable results, there are now several organizations calling for fairer taxes: Doctors for Fair Taxation, Lawyers for Fair Taxation and Faith Leaders for Fair Taxation. There is also a national group, Canadians for Tax Fairness (of which I am associated) and groups beginning to form at the provincial level – such as Nova Scotians for Tax Fairness. There is the Canadian section of the international Uncut anti-austerity movement, with 14 local chapters across the country. The National Union of Public Employees (NUPGE), the federation of provincial government employee unions has been running an amazing tax campaign called All Together Now! for a couple of years. The movement for equality and tax fairness is barely off the ground and it already has majority support across the country. Now the opposition parties have to show that they have the courage and the principles to respond to this progressive sentiment. If the Liberals and the NDP ever manage to form a coalition government, the first item on which they should agree is the need for tax fairness and sufficient revenue to restore the Canada we once had and go beyond it. The Ekos poll revealed that 60% of Canadians say they would be more likely to vote for a party that pledged to raise taxes on the rich. For Canadians and opposition parties the time for lowered expectations is over. Expect more. 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 |
April 26, 2012 |
CFLR hosts book launch - "Constitutional Labour Rights in Canada""This book makes the connection between labour rights and human rights. It brings together the perspectives of a group of prominent individuals who share the view that labour rights and independent unions are essential for democratic and just societies.” Toronto (19 April 2012) – The Canadian Foundation for Labour Rights (CFLR) hosted a book launch for "Constitutional Labour Rights in Canada: Farm Workers and the Fraser Case", a new book on labour rights in Canada. The book is a collection of 11 essays related to the Supreme Court of Canada April 2011 decision in Ontario (Attorney General) v Fraser, which dealt with the scope of constitutional protection of collective bargaining. The case involved a constitutional challenge to Ontario’s Agricultural Employees Protection Act (AEPA) which denies collective bargaining rights to 80,000 agricultural workers in Ontario. It was brought forward by United Food and Commercial Workers Union (UFCW) Canada. The decision, which denied the union’s challenge, was a major setback for UFCW Canada and its 20 year struggle to achieve labour rights for Ontario’s vulnerable agricultural worker. For the Canadian labour movement and their advocates, Fraser was ambiguous. The Supreme Court showed how badly divided it is over the scope of protection that freedom of association provides to the right to bargain collectively. Eight of the nine judges agreed that the legislation met the constitutional standard of freedom of association, although they did so for three very different sets of reasons. This collection attempts to untangle the judicial discord over the meaning of freedom of association in the context of collective bargaining and provides the social context for current attack on labour rights in Canada. It also includes a photo essay depicting the appalling working conditions faced by migrant farm workers. “This book makes the connection between labour rights and human rights,” noted CFLR Board member, James Clancy. “It brings together the perspectives of a group of prominent individuals who share the view that labour rights and independent unions are essential for democratic and just societies.” Clancy is also the National President of the 340,000 member National Union of Public and General Employees (NUPGE). The contributors include trade unionists, union-side lawyers, and labour law academics. Four of the contributors – Judy Fudge, Paul Cavalluzzo, Wayne Hanley and Steven Barrett – are CFLR Board members. Derek Fudge, who serves as the CFLR secretariat, also contributed an essay. More information: Constitutional Labour Rights in Canada: Farm Workers and the Fraser Casewww.labourrights.ca CFLR The Canadian Foundation for Labour Rights (CFLR) is a national voice devoted to promoting labour rights as an important means to strengthening democracy, equality and economic justice here in Canada and internationally CFLR was established and sponsored by the National Union of Public and General Employees. CFLR |
April 18, 2012 |
ILO loses patience with Ontario government for impeding part-time college workers’ right to join a unionILO asks the Ontario government “to lift any obstacle in law and practice” which continues to hinder part-time college workers from exercising their right to join a union and bargain collectively. Toronto (05 April 2012) – For the third time in seven years, the International Labour Organization (ILO) has reprimanded the Ontario government for impeding 16,000 part-time community college workers from exercising their basic human right to form a union and participate in collective bargaining. The ILO expressed its concern in a report reviewing the extent of Canada’s compliance to the ILO’s most fundamental Convention – No. 87, Freedom of Association and Protection of the Right to Organize. It criticized the Ontario government for allowing the College Employer Council (CEC) to continue using litigation at the Ontario Labour Relation Board (OLRB) as a means to denying these workers one of their fundamental human rights. The ILO noted the government amended legislation in 2008 that gave the employees the right to bargain collectively and that the Ontario Public Service Employees Union (OPSEU/NUPGE) had filed certification applications over three years ago to represent both the part-time academic and support staff. The UN agency, however, condemned the fact that certification has not been granted as a result of ongoing and costly litigation caused by the colleges. The ILO report re-affirmed “the importance that part-time academic and support staff in Colleges of Applied Arts and Technology (CAAT) in Ontario fully enjoy without delay the right to organize, as enjoyed by other workers,” It asked the Ontario government “to lift any obstacle in law and practice which would hinder these rights as provided in the Convention”. In November 2011 after reviewing the case for the second time, the ILO noted that it expected “the ongoing dispute will be resolved by the OLRB without delay, in consultation with the parties, in order to effectively guarantee that part-time academic and support staff employed in Ontario’s public colleges fully enjoy the right to organize.” “Based on the premise that labour rights are human rights, the McGuinty government obviously has no shame in continuing to allow the basic human rights of these hard working public employees to be denied,” noted OPSEU President Smokey Thomas. “Part-time college workers are not second class citizens. Their struggle has gone on far too long,” added Thomas. “They are no different than any other citizens of Ontario; the human rights of all citizens must be respected. “It’s time for the Premier to recognize that you cannot pick and choose when it comes to human rights.” Thomas added, “You really have to question the state of democracy in Ontario when our government refuses to exercise its statutory powers to direct its own agency, the Colleges Employer Council, to stop its wasteful litigation and allow its part-time employees an opportunity to simply negotiate their wages and benefits.” More information: ILO cites over 20 ongoing labour rights violations by Canadian governments 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 |
April 4, 2012 |
ILO cites over 20 ongoing labour rights violations by Canadian governmentsThe ILO “has been expressing concern for many years on the exclusion of wide categories of workers from statutory protection of freedom of association and on the restrictions on the right to strike in several provinces.” Geneva (04 April 2012) – In a recent report reviewing the extent of Canada’s compliance to the International Labour Organisation's (ILO) most fundamental Convention – No. 87, Freedom of Association and Protection of the Right to Organize, the ILO cited over 20 instances where governments across Canada have refused to change labour laws which have been found to be in contravention of Convention No. 87. Convention No. 87 establishes the universal right of all workers to form and join unions of their own choosing, as well as the right to engage in free collective bargaining and strike action. Canada, with the support of all provincial and territorial governments, ratified Convention No. 87 in March 1972. In its report, the ILO “stressed the importance of ensuring to all workers [in Canada], without distinction whatsoever, the right to form and join the organization of their own choosing and, accordingly, expressed the firm hope that all necessary measures would be adopted in the near future to provide full guarantees of the rights set forth in the Convention to all workers.” The ILO noted that it “has been expressing concern for many years on the exclusion of wide categories of workers from statutory protection of freedom of association and on the restrictions on the right to strike in several provinces.” The denial of the right to join a union Among the violations noted, the ILO cites the following categories of workers who continue to be denied the fundamental right to join a union: Agricultural workers in Alberta and Ontario; Domestic workers, in Ontario, Alberta, New Brunswick, PEI and Saskatchewan; Architects, dentists, land surveyors, engineers and lawyers in Ontario, Alberta, New Brunswick, Nova Scotia, PEI and Saskatchewan; Nurse practitioners in Alberta; University faculty in Alberta; and Part-time employees of community colleges in Ontario. The report made reference to the April 2011 Supreme Court of Canada decision regarding the Ontario Agricultural Employees Protection Act (AEPA) which found the legislation constitutional because it allowed for “good faith” negotiations between agricultural workers and their employers. But according to the ILO, good faith which merely obliges employers to give a reasonable opportunity for employee representations and listen or read them, is not good enough. “While acknowledging the Supreme Court decision upholding the constitutionality of the AEPA, the [ILO] Committee nevertheless notes with regret that the Government of Ontario is not considering any amendments to the AEPA aimed at ensuring sufficient guarantees for the full exercise of freedom of association rights by agricultural workers, particularly bearing in mind the obstacles to organizing that are inherent to the nature of this work, as well as the conditions necessary to enable these workers to have recourse to industrial actions without sanction.” With respect to part-time employees of community colleges in Ontario, the ILO noted the Ontario government amended legislation in 2008 that gave the employees the right to bargain collectively and that the Ontario Public Service Employees Union (OPSEU/NUPGE) had filed certification applications over three years ago to represent both the part-time academic staff and part-time support staff. The ILO, however, condemned the fact that certification has not been granted as a result of ongoing and costly litigation caused by the colleges. It has asked the Ontario government “to lift any obstacle in law and practice which would hinder these rights as provided in the Convention”. The denial of the right to strike The ILO report cites a number of categories of workers in Canada who are restricted from exercising on their right to strike such as: Teachers in B.C. and Manitoba; Certain categories of workers employed by Alberta’s Regional Health Authorities, like gardeners, labourers and other non-essential services employees; Over 500,000 public employees in Quebec who, as a result of the Charest government’s Bill 43 in 2006, had their right to strike (as well as their right to bargain collectively) suspended for five years; and Public sector workers in Saskatchewan who are effectively denied the right to strike as a result of the 2008 far reaching essential services legislation passed by the Brad Wall government. Each of the legislative violations cited in the ILO report were subject to an ILO complaint from a Canadian union. Since 1982, there have been 81 ILO complaints filed against Canadian federal and provincial labour legislation. The 340,000-member National Union of Public and General Employees (NUPGE) has submitted 26 of these complaints on behalf of its provincial Component unions during that period. The review did not consider the three most recent retrictive labour laws passed in Canada, namely two passed by the Harper government – one in June 2011 denying postal workers from taking strike action (Bill C-2), another passed last month preventing two of Air Canada’s unions from going on strike (Bill C-33) and a BC law passed last month preventing any further strike action by B.C. teachers (Bill 22). More information: ILO March 2012 report reviewing the extent of Canada’s compliance with ILO Convention – No. 87, Freedom of Association and Protection of the Right to Organize Latest ILO report damages Canada’s human rights reputation, says CFLR ILO loses patience with Ontario government for impeding part-time college workers’ right to join a union 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 |
April 3, 2012 |
Latest ILO report damages Canada’s human rights reputation, says CFLR“This ILO report is very troubling… It damages the human rights reputation of Canada and many of our provinces." Ottawa (04 April 2012) – The federal and most provincial governments should be embarrassed by the latest International Labour Organization’s (ILO) report citing over 20 ongoing violations here in Canada of the ILO's international labour standards, says the Canadian Foundation for Labour Rights (CFLR). The CFLR was referring to a report issued last week reviewing the extent of Canada’s compliance to the ILO’s most fundamental Convention – No. 87, Freedom of Association and Protection of the Right to Organize. The report cites over 20 instances where governments across Canada have refused to change labour laws the ILO has ruled in the past to be in contravention of Convention No. 87. Convention No. 87 establishes the universal right of all workers to form and join unions of their own choosing as well as the right to engage in free collective bargaining and strike action. Canada, with the support of all provincial and territorial governments, ratified Convention No. 87 in March 1972. The report refers to 16 examples where certain categories of workers from across the country are denied the basic human right to join a union as well as five instances where unionized workers are prevented by legislation from bargaining collectively. The report notes that the ILO “has been expressing concern [over Canada] for many years on the exclusion of wide categories of workers from statutory protection of freedom of association and on the restrictions on the right to strike in several provinces.” It goes on to say, “The [ILO] Conference Committee expressed the firm hope that all necessary measures would be adopted in the near future to provide full guarantees of the rights set forth in the Convention to all workers.” “This ILO report is very troubling for the federal government as well as many of our provincial governments," noted Nathalie Des Rosier, CFLR Board member and General Counsel for the Canadian Civil Liberties Association. "It damages the human rights reputation of Canada and many of our provinces." “It is hypocritical for Canada to present itself as the friendly giant of human rights Conventions on the international stage while completely sidelining them at home.” James Clancy, CFLR board member and National President of the 340,000-member National Union of Public and General Employees (NUPGE) stated, “Most world leaders understand that legislation which strengthens the right to form a union and bargain collectively is an important part of the solution to the biggest challenge we face, that of growing income inequality. Labour rights that promote unions are a critical component of getting the economy back on a healthy long-term growth path that benefits all citizens.” “Even the World Bank acknowledges that the right to form unions and bargain collectively has a major positive impact on work and living conditions, as well as on the development and progress of economic and social systems.” CFLR Board member, Drew Plaxton, a Saskatchewan-based labour lawyer who is also President of the Canadian Association of Labour Lawyers (CALL) noted that the federal and provincial governments continue to demonstrate disregard for the various rulings of the ILO with respect to restrictive labour legislation in Canada. “In many cases, governments in Canada have not even provided the ILO with the courtesy of a reply to its many requests for information,” stated Plaxton. “I cannot imagine the Government of Canada or any of its provincial counterparts completely dismissing a ruling of an international trade tribunal. Why is it that our governments will take immediate action to protect the international rights of corporations while being unconcerned about violations against the international rights of Canadian workers?“ More information: ILO cites over 20 ongoing labour rights violations by Canadian governments CFLR The Canadian Foundation for Labour Rights (CFLR) is a national voice devoted to promoting labour rights as an important means to strengthening democracy, equality and economic justice here in Canada and internationally. The key objectives the Foundation has established for itself are to create greater public awareness and understanding of labour rights as a key critical component of human rights; build effective political momentum and public support for progressive labour law reform. CFLR 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 |
April 3, 2012 |
B.C. Supreme Court asked to muzzle Labour Board regarding Mexico blacklisting evidenceDuring the LRB hearings, UFCW Canada argued that Mexico and its consulate in Vancouver colluded with the operators of a B.C. agriculture operation to bust the union at Sidhu & Sons Nursery where the workers voted to unionize. Vancouver (30 March 2012) – The Supreme Court of British Columbia began deliberations earlier this week whether to prevent the BC Labour Relations Board (LRB) from ruling that Mexico prevented union supporters from returning to Canada under the federal government's Seasonal Agricultural Worker Program (SAWP). At an LRB hearing, which concluded earlier this month, three former employees of the Mexico consulate in Vancouver gave testimony that indicated blacklisting and union busting activities by the consulate and Mexico government. Their testimony included that they were instructed to report to senior Mexican officials about Mexican migrant workers in B.C. they suspected of being union sympathizers. The former consular employees also testified they were instructed to tell workers not to contact or visit three Agriculture Workers Alliance (AWA) support centres in British Columbia operated in association with United Food and Commercial Workers (UFCW) – Canada. On Wednesday, the court heard arguments that the labour board's decision to hear the blacklisting evidence earlier this month during 13 days of hearings contradicted Mexico's claim of sovereign immunity. During the LRB hearings, UFCW Canada Local 1518 argued that Mexico and its consulate in Vancouver colluded with the operators of a B.C. agriculture operation to bust the union at Sidhu & Sons Nursery where the workers voted to unionize, and where a union contract is now in place. Evidence included a leaked document from the Mexican government which showed that a worker was blocked from the SAWP after the Vancouver consulate placed a call to Mexico advising that the worker was involved in union activity. The outcome of the LRB hearings is now on hold, pending the decision of the B.C. Supreme Court. The court’s decision could also impact another case yet to be heard, where UFCW Canada Local 1518 alleges that Mexico and its Vancouver consulate also colluded with another B.C. agriculture operation, Floralia Growers, to blacklist Mexican migrant workers suspected of being union sympathizers. A union contract is also in place at Floralia, where a majority of the workers voted to unionize in 2008. For more than two decades, UFCW Canada has been a leading advocate for the labour and workplace rights of both domestic and migrant agriculture workers. In association with Agriculture Workers Alliance (AWA), UFCW Canada operates 10 agriculture workers support centres 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 |
March 29, 2012 |
Air Canada workers express frustration over denial of basic human rights“Bill C-33 is not simply bad labour policy as the Air Canada walkout has demonstrated. It is also an affront to the Canadian Charter of Rights and Freedoms and Canada’s obligations under international law.” Ottawa (27 March 2012) – The walkout of several Air Canada mechanics and ground crew at major airports across the country last Thursday and Friday was a clear expression of the frustration they feel at being denied their basic human right to bargain collectively and take job action, according to the Canadian Foundation for Labour Rights (CFLR). The walkout was sparked when three baggage handlers were suspended for 72 hours for heckling the federal Minister of Labour, Lisa Raitt, as she walked through Toronto's Pearson International Airport last Thursday night. Raitt is the architect of the Harper government’s Bill C-33, which was passed earlier this month. The legislation ended collective bargaining between Air Canada and its 8,200 technical, maintenance and operational support employees represented by the International Association of Machinists and Aerospace Workers (IAMAW) and the airline’s 3,000 pilots represented by the Air Canada Pilots Association (ACPA). It sent both disputes to a bias arbitration process in favour of the employer and prevented both unions from taking strike action. “Bill C-33 is simply a bad labour law, and like all bad labour laws, it creates bad labour relations,” noted CFLR Board member and Ottawa-based human rights lawyer, Paul Champ. “Legislating an end to collective bargaining and possible strike action instead of letting the process unfold creates an unstable work environment and does not resolve issues that can only be solved through negotiation.” The dispute escalated Thursday evening and Friday morning when other baggage handlers and ground crew at Montreal, Quebec City and Vancouver airports walked out in support of their Toronto colleagues. They returned to work later Friday when Air Canada was granted an injunction by the Canadian Labour Relations Board (CLRB) ordering an end to the dispute. Many flights across the country were cancelled or delayed by Air Canada as a result of the dispute. “We should not be surprised that these frustrated and upset airport workers resorted to such action,” added James Clancy, CFLR Board member and President of the 340,000-member National Union of Public and General Employees. “They felt they had no option but to walk off the job after being targeted by Bill C-33, a statute that stripped away their fundamental human right to bargain collectively and take strike action.” “Bill C-33 is not simply bad labour policy as the Air Canada walkout has demonstrated. It is also an affront to the Canadian Charter of Rights and Freedoms and Canada’s obligations under international law. The right to collective bargaining is an important human right that is guaranteed by the Charter and protected by international Conventions that our governments are obliged to respect and adhere to.” “Labour rights are human rights. Yet when it comes to workers, the Harper government has repeatedly proven it has no respect for their human rights. Our Prime Minister cannot pick and choose among human rights based on ideology. It is the role of a democratic government in a civil society to defend all human rights.” CFLR The Canadian Foundation for Labour Rights (CFLR) is a national voice devoted to promoting labour rights as an important means to strengthening democracy, equality and economic justice here in Canada and internationally. More information A sad week for human rights in Canada |
March 26, 2012 |
A sad week for human rights in Canada“Labour rights are human rights and are a fundamental cornerstone to achieving social and economic justice. Such cavalier disrespect for these fundamental rights is a primary reason why we have unprecedented growing income inequality in Canada.” Ottawa (16 March 2012) – “Based on the well-respected premise that labour rights are human rights, this has been a sad week for human rights in Canada,” according to James Clancy, president of the National Union of Public and General Employees (NUPGE). Clancy was commenting on the Harper government’s passage of Bill C-33, An Act to provide for the continuation and resumption of air service operations, on Tuesday as well as the BC government’s Bill 22, Education Improvement Act, which was passed in the provincial legislature yesterday. Both pieces of legislation deny the constitutional rights of Canadian workers. In 2007, the Supreme Court of Canada ruled that the right of workers to bargain collectively was protected by Canada’s Charter of Rights and Freedoms and any attempt by governments to substantially restrict that right would be viewed as unconstitutional. “Labour rights are human rights and are a fundamental cornerstone to achieving social and economic justice. Such cavalier disrespect for these fundamental rights is a primary reason why we have unprecedented growing income inequality in Canada. Riding roughshod over basic human rights and the rule of law will only lead to greater economic instability and inequality.” Bill C-33 substantially interferes in the collective bargaining process between Air Canada and its 8,200 technical, maintenance and operational support employees represented by the International Association of Machinists and Aerospace Workers (IAMAW) and the airline’s 3,000 pilots represented by the Air Canada Pilots Association (ACPA). The legislation prevents both unions from taking strike action and sends both disputes to a bias arbitration process. It follows a move by the federal Minister of Labour, Lisa Raitt, last week to block a strike at the airline by referring both disputes to the Canada Industrial Relations Board (CLRB) to determine how a strike would affect the health and safety of Canadians. The legislation still would outlaw strike action even if the CLRB ruled that a strike would have no impact on the health and safety of Canadians. This is the third time in nine months the Harper government has interfered in the private sector negotiations between Air Canada and its unions. In June, the Harper government threatened back-to-work legislation after a one-day strike between Air Canada and its ticket agents. In October, flight attendants reached a deal with the airline under the threat of “back-to-work” legislation before the workers had the opportunity to exercise their right to strike. The BC government’s Bill 22 takes away the right to strike from BC’s 41,000 public school teachers, imposed a wage freeze and sends remaining unresolved issues to a government-appointed “mediator” who must operate under a narrow government mandate focused on employer concessions. The most astonishing part of the legislation is that it re-introduces parts of Bills 27 and 28, two anti-union pieces of legislation introduced by the Liberal government in 2001 which prohibited bargaining on class size, class composition and the ratios of teachers to students. Last April, the BC Supreme Court ruled that those sections of Bills 27 and 28 were unconstitutional and in breach of the Canada's Charter of Rights and Freedoms. “The labour movement cannot solely rely on the courts to defend labour rights,” noted Clancy. “But it also appears that we cannot rely on governments to adhere to the decisions of the courts regarding the constitutionality of their legislative actions around labour rights.” “The Harper and Clark governments are prepared to legislate away labour rights at a moment’s notice and not consider the constitutionality of their actions until years later, when a challenge finally makes its way to the Supreme Court. It makes no sense and only exacerbates the most serious problem Canada is facing – growing income inequality.” 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 |
March 16, 2012 |
When March Break Trumps Democracy; The Harper Government and the Right to Collective BargainingGovernment’s move to prevent Air Canada employees from going on a legal strike, in part because it might interfere with March Break, most recent example of disregard for democracy, even our Constitution. By Larry BrownNational Secretary-TreasurerNational Union of Public and General Employees (NUPGE) Ottawa (13 March 2012) - Evidence is mounting every day that the Harper government is contemptuous of democracy; they are not just undemocratic, they are actively anti-democratic. Democracy is not just the right to vote in an election every four years. Real democracy includes the right to dissent, the right to have and express different opinions, the right to protection against unjust laws, and respect for the checks and balances of our parliamentary system. And real democracy includes the right of unionized workers to defend and protect their rights in the workplace without government interference. Employer oriented back to work legislation at the drop of a hat is fundamentally undemocratic. The government’s move to prevent Air Canada employees from going on a legal strike, in part because it might interfere with March Break, is the most recent example of this disregard for democracy, even our Constitution. It’s not the only example, of course. For one thing, democracy requires at least some assurance that our government is not flat out lying to us. How do you tell when a Conservative Minister is lying? When their lips are moving. This government’s contempt for Parliament should make every Canadian who believes in democracy very worried. Democracy requires that governments themselves respect the law, and respect our Constitution. The Harper government does not respect either. Respect for the courts? When a court said their Wheat Board legislation was invalid, they shrugged the decision off and proceeded. Their contempt for the legal system in that case was chilling. But the Harper reign involves more than just a lack of respect for the courts. This government has no respect for Canada’s very Constitution. The Supreme Court of Canada has ruled that the right to unionization and the right to collective bargaining is part of Canada’s Constitution. Another court has ruled that the right to strike is an essential element of the right to collective bargaining, and can’t be lightly taken away. In other words, courts in Canada have ruled that the Constitution itself guarantees Canadians the right to unionize, the right to bargain collectively, and the right to strike, which cannot be taken away without giving unions some other fair way to resolve the dispute. Both the Supreme Court and the United Nations have ruled that the right to real collective bargaining is an important human right. For the Harper government, March Break is more important than a mere Supreme Court decision, more important than the Constitution, more important than an internationally recognized human right. In its newest ‘back to work’ Bill, introduced while no one was actually on strike, the Harper Government was true to form. Minister Raitt simply lied about why the Bill was introduced. She claimed the Bill was necessary to protect the economy and prevent passengers from being stranded. Meanwhile her own Department was saying that these concerns were not based on reality. There are other airlines in Canada, after all, and other means of transportation. The Department said, “An Air Canada work stoppage would induce some passengers and firms to cancel their travel arrangements altogether, while others would opt for alternative airline companies or choose to travel by train.” Of course the biggest threat to our economy is the growing inequality of incomes and the fact that working people cannot afford to spend enough to keep the economy healthy. Attacking the right to collective bargaining is a funny way to resolve that problem. The real kicker in all this, though, is that the Minister felt comfortable saying that she was introducing this Bill in part so that families traveling on March Break would not be inconvenienced. In a choice between Canada’s Constitution and the March Break, the Harper government had no hesitation about which to choose. The legislation itself is another contemptuous pro-employer piece of garbage. Under Stephen Harper, employers can do no wrong. But at what point do even conservative Canadians realize that undercutting the very foundations of democracy is a very high price to pay for a pleasant March Break? Larry Brown is the National Secretary-Treasurer of the 340,000 member National Union of Public and General Employees (NUPGE) 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 |
March 13, 2012 |
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