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New report shows political environment has greater impact on unionization rates than economy

Politics, more than the economy and technology, has a greater impact on rates of unionization. Washington, DC (18 Nov. 2011) - The national political environment, not globalization or technology, is the most important factor driving long-run changes in unionization rates in the United States and other rich economies, according to new research from the Center for Economic and Policy Research (CEPR). The report, "Politics Matter: Changes in Unionization Rates in Rich Countries, 1960-2010”, reviews unionization data covering the last five decades for 21 rich economies. The researchers consider both union coverage (the share of workers whose terms of employment are covered by a collective bargaining agreement) and union membership (the share of workers who are members of a union) and find a wide range of trends in union membership and collective bargaining coverage in countries subject to roughly similar levels of globalization and technology. "In half of the rich countries we studied, the share of the workforce covered by a collective bargaining agreement has remained constant or even increased since 1980 - despite being exposed to the same kinds of pressures from globalization and technology that we experienced here in the United States," said John Schmitt, a CEPR senior economist and co-author of the report. Countries typically identified with social democratic parties – Sweden, Denmark, Norway, and Finland – have generally seen small increases in union coverage and only small decreases in union membership since 1980. Countries such as the United States, the United Kingdom, and other liberal market economies with less protective labour-market systems have generally experienced sharp drops in union coverage and membership. Countries referred to as continental market economies, including Germany and France, saw small drops in union coverage and moderate declines in union membership. The report demonstrates that national politics are a major determinant of national unionization rates in recent decades. To the extent that globalization and the new economy play a role, that role is less important than the one played by national political regimes. More information: Politics Matter: Changes in Unionization Rates in Rich Countries, 1960-2010 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  

Charter challenge against Saskatchewan’s Bills 5 and 6 in court this week

Unions argue Bills 5 and 6 violate the right to freedom of association under Canada’s Charter of Rights and Freedoms Regina (15 November 2011) – After three years of gathering evidence and preparing written submissions, the Saskatchewan Government and Geneneral Employees’ Union (SGEU/NUPGE), along with the Saskatchewan Federation of Labour (SFL) and 24 other affiliated unions, will be in court this week to challenge the constitutionality of the province’s Bills 5 and 6. The challenge is being heard in the Saskatchewan Court of Queen's Bench. The two pieces of anti-labour legislation were passed by the Wall government shortly after it was first elected in 2007. Bill 5, An Act respecting Essential Public Services, included a definition of essential services so broad that practically any public service employee could be unilaterally designated essential by the government and therefore not allowed to exercise the right to strike. It was widely regarded as the most sweeping and heavy-handed essential services legislation in Canada. Bill 6, An Act to amend the Trade Union Act, drastically reduced the rights of Saskatchewan workers by restricting the ability of working people to join unions and to engage in collective bargaining. It also left workers with less protection against unfair practices from employers. In 2008, the National Union of Public and General Employees (NUPGE) on behalf of the SGEU/NUPGE, filed a complaint against the legislation with the International Labour Organization (ILO). A complaint was also filed by the SFL on behalf of more than a dozen other unions in the province In March 2009, the ILO ruled on both complaints, issuing a stinging rebuke to the government of Saskatchewan over the legislation. It found Bills 5 and 6 in violation of ILO Convention No. 87 – Freedom of Association and Protection of the Right to Organize which Canada and all provincial governments have ratified. The ILO directed the province to go back to the drawing board and rewrite the laws in full consultation and cooperation with workers and labour groups affected. The basis of the unions’ challenge is that Bills 5 and 6 violate the right to freedom of association contained in Canada’s Charter of Rights and Freedoms by restricting the right of workers to form unions, collectively bargain with their employers and engage in strike action. More information: Saskatchewan Party government flouts ILO Saskatchewan and Ottawa must act on ILO ruling ILO blasts anti-labour laws in Saskatchewan 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

Proposed legislation banning union activists from college boards is discriminatory, says BCGEU

“This government seems to have learned nothing from the Supreme Court battle over labour rights," says Darryl Walker, BCGEU President. Vancouver (10 Nov. 2011) - Proposed changes to the College and Institutes Act in British Columbia fundamentally discriminate against union activists and severely limit the powers of elected board members, says the B.C. Government and Service Employees’ Union (BCGEU/NUPGE). The changes – which are included as part of Bill 18, the Advanced Education Statutes Amendment Act – would ban union activists from serving on college boards, prohibit elected board members from serving as chair and make it easier for the government to remove elected board members. “These legislative changes don’t make any sense,” says BCGEU President Darryl Walker. “They say that regular union members can serve on college boards, but that union activists are specifically prohibited. If enacted, this legislation would remove our members’ constitutional right to freedom of association. “The government cannot use conflict of interest as an argument either,” says Walker. “Conflict of Interest legislation already regulates members of public bodies, and union activists are no more in conflict than regular union members who may sit on these boards.” Other proposed legislative changes include a ban on elected college board members serving as chair and new powers granting boards the power to remove elected members with a 2/3 majority vote. “This legislation is Orwellian, in that it creates two classes of board members,” says Walker. “If you are elected from your community, you become a second class board member, and the government can easily use their appointed majority to remove you if you disagree with their decisions. “This government seems to have learned nothing from the Supreme Court battle over labour rights. Legislation that mandates elected employee group representation but bans employee representatives cannot stand. The government should do the right thing by withdrawing this legislation and engaging in a public consultation on these changes before moving forward." 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

Canadian Foundation for Labour Rights launches new website

www.labourrights.ca is a valuable research and educational tool for those interested in promoting and protecting labour rights Ottawa (1 November 2011) – The Canadian Foundation for Labour Rights (CFLR) today launched a new website to assist with its primary objective to create greater public awareness and understanding of labour rights as a key critical component of human rights. The website – www.labourrights.ca – was originally built in 2006 by the National Union of Public and General Employees (NUPGE) as an online tool for its ongoing Labour Rights are Human Rights campaign. The site has been totally revamped and will now be used to promote the work of the CFLR. The Canadian Foundation for Labour Rights (CFLR) is a national organization devoted to promoting labour rights as an important means to strengthening democracy, equality and economic justice here in Canada and internationally. CFLR was established in May 2010 and is sponsored by NUPGE. The revamped website contains a number of new features including directories on: the 194 regressive labour laws passed in Canada in the past three decades which have restricted, suspended or denied collective bargaining rights for Canadian workers; the 81 complaints filed with the International Labour Organization (ILO) against restrictive labour laws passed in Canada since 1982; and summaries of Canadian jurisprudence on collective bargaining rights following the historic 2007 Supreme Court of Canada BC Health Services decision which recognized for the first time the constitutional right to collective bargaining. It also provides information on several key issues including: the positive role unions play in society; the importance of the right to freedom of association as a cornerstone of democracy; and strategies to defend, promote and strengthen labour rights. “Labourrights.ca is a valuable research and educational tool for those interested in promoting and protecting labour rights,” said NUPGE President, and CFLR Board member, James Clancy. “We also hope to use the site as a forum for progressive members of the labour law community to promote their independent research which is consistent with the objectives of the Foundation.” “Considering the fierce attack on the labour rights of Canadian workers by the Harper government in the past six months, I can’t think of a better time to launch this website. Labourrights.ca is designed to counter this ideological attack with solid research and data on the important role labour rights play in a functioning democracy and an equitable and sustainable economy.”  CFLR  The Canadian Foundation for Labour Rights (CFLR) was established in 2010 by the National Union of Public and General Employees (NUPGE). 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 of the Foundation are to create greater public awareness and understanding of labour rights as a key critical component of human rights and 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  

Canadian Foundation for Labour Rights releases report on Fraser decision

“This report is an important contribution to understanding the Fraser decision’s meaning for labour rights.” Ottawa (28 October 2011) – The Canadian Foundation for Labour Rights (CFLR) has released a report of the seminar it sponsored earlier this year on the April 2011 Supreme Court of Canada Fraser decision. The Fraser decision concerns a constitutional challenge against the Agricultural Employees Protection Act (AEPA), legislation that denies collective bargaining rights to 80,000 agricultural workers in Ontario. The challenge was brought forward by the United Food and Commercial Workers (UFCW) Canada which has led a 20 year struggle to achieve labour rights for domestic and migrant farm workers in Ontario. The decision denied UFCW Canada’s challenge, even though the AEPA does not provide any statutory obligation on farm employers to engage in collective bargaining with their workers. Besides being a major setback in achieving fairness and dignity for Ontario’s vulnerable agricultural workers, the Fraser decision will likely have a major impact on future court challenges aimed at protecting and enhancing the labour rights of Canadian workers. CFLR sponsored The Labour Movement after Fraser seminar to share analysis and interpretation of the decision, as well as insights on how Fraser may be applied in current and future labour litigation. The seminar report summarizes the presentations of a number of prominent Canadian union leaders, lawyers and labour law academics who spoke at the seminar, including UFCW Canada National President Wayne Hanley who is also a CFLR Board member.  The report also contains forewords from CFLR Board members James Clancy and Judy Fudge. Clancy is the National President of the National Union of Public and General Employees and Fudge is a member of the University of Victoria Faculty of Law. “I believe this report provides valuable and timely material on how we respond to the growing attack on labour and makes the connection between labour rights and human rights”, noted Clancy. “This report is an important contribution to understanding the Fraser decision’s meaning for labour rights”, added Fudge. “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. “ A copy of the The Labour Movement after Fraser seminar report can be obtained by e-mailing national@nupge.ca CFLR The Canadian Foundation for Labour Rights (CFLR) was established in 2010 by the National Union of Public and General Employees (NUPGE). 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 of the Foundation are to create greater public awareness and understanding of labour rights as a key critical component of human rights and 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

NUPGE provides support to Mexican workers with NAFTA challenge

Electrical workers persecuted by Mexican government. Ottawa (27 Oct. 2011) – The 340,000-member National Union of Public and General Employees (NUPGE), along with the Canadian Labour Congress and more than 80 other unions and non-government organizations in Canada, will file a formal complaint today against the government of Mexico. The complaint will be filed under the North American Agreement for Labour Cooperation (NAALC), the labour side agreement to the North American Free Trade Agreement (NAFTA). The complaint is in support of the Mexican Electrical Workers Union (SME) and their struggle to obtain justice for their 44,000 members who were fired when the Mexican government shut down the big electrical generation plant in Mexico City in 2009. The Mexican government used soldiers in 2009 to invade and shut down the Mexico City Electrical Generation plant. It terminated the 44,000 SME members, eliminated their collective agreement and harassed and intimidated their union. The government’s actions were a blatant violation of the NAFTA agreement, not to mention Mexico’s labour laws and the country’s constitution.  Larry Brown, NUPGE's National Secretary-Treasurer, met with two of the SME leaders, Martin Esparza, Secretary General, and Jose Humberto Montes de Oca, International Affairs Secretary. Brown discussed with them ways in which NUPGE can help to raise awareness here in Canada and internationally regarding the SME’s struggle for justice on behalf of its members. The NAALC complaint alleges that the Mexican government failed to enforce basic labour rights enshrined in the NAALC, and in other international treaties, and is using delay tactics to prevent justice from being done. It maintains that the Mexican government continues to abuse its own citizens by ignoring the agreement it signed to protect labour rights. “It is deeply troubling that Mexico is so willfully violating labour rights,” said Brown. “The Canadian government must seek to ensure its fellow NAFTA members honour their commitments and the rule of law. We have been promised that NAFTA has some labour rights built in, and this will be a real test as to whether the reality matches the promises. If NAFTA cannot have any impact on such flagrant abuses of workers, it has no effective labour protection at all.” “The government of Mexico is trampling on NAFTA labour standards which Canada, the U.S. and Mexico are obliged to respect and uphold,” added Brown. “The Canadian government can’t turn a blind eye to such flagrant abuses. Canada must respond vigorously and at the highest levels.” 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  

Court orders stay of proceedings in CUPW challenge to Lisa Raitt’s arbitrator

Postal workers mount serious legal challenge against Conservative government actions. Ottawa (24 Oct. 2011) – The Canadian Union of Postal Workers (CUPW) has scored a significant victory in its fight against the Harper government’s treatment of postal workers. In a decision handed down Oct. 20 in the Federal Court, Judge Luc Martineau ordered a stay of proceedings relating to the Harper government’s back-to-work legislation (Bill C-6) against thousands of locked-out postal workers in June. The arbitration will now stop until the union’s challenge of the government’s hand-picked arbitrator can be heard in Jan. 2012. “This decision shows that the union is on the right track. We are questioning the process by which this government has forced its will on postal workers,” said Denis Lemelin, CUPW National President and chief negotiator. Members of CUPW’s urban unit went on rotating strike in June and were subsequently locked out by Canada Post, then legislated back-to-work. The union has also launched a separate constitutional challenge against the back-to-work legislation itself, which directs the arbitrator to pick one side only without any possibility of compromise. The Martineau decision bolsters the union’s objection to Minister of Labour Lisa Raitt’s appointment of Anthony Arthur Coulter Osborne - a unilingual judge without any previous experience in labour relations - to preside over the arbitration. The merits of the union's case will be argued in January. Normally, arbitrators are agreed upon by the parties, rather than being imposed by the government. Observers have noted the importance of CUPW’s challenges for the future of labour relations in 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

NUPGE / OPSEU file complaint with CBC Ombudsman over offensive anti-union comments by Kevin O’Leary

“Mr. O’Leary’s wilful promotion of contempt and hatred towards unions reflects a viewpoint that has often ended in violence perpetrated against union members and leaders around the world.” Ottawa (14 October 2011) – The National Union of Public and General Employees (NUPGE), along with its Ontario Component, the Ontario Public Service Employees Union (OPSEU), today filed a formal complaint with the CBC Ombudsman against television personality Kevin O’Leary for offensive anti-union comments he made on an episode of CBC’s The Lang and O’Leary Exchange last month. During the September 19, 2011 episode, Mr. O’Leary stated that if he were elected Prime Minister, he would “make unions illegal” and union members should be “thrown in jail”. Later, he evokes religious imagery to promote the destruction of unions, stating that “Unions are sheer evil.” … “Unions themselves are born out of evil. They must be destroyed with evil.” … “Look, no one could contain unions in hell. They were so evil they came out of hell and they came upon earth.” The complaint is signed by NUPGE National President, James Clancy, and OPSEU President, Warren “Smokey” Thomas. To view the full complaint please click here. “These comments are not only highly offensive, they are very disturbing, irresponsible and potentially illegal,” says Clancy. “Mr. O’Leary’s wilful promotion of contempt and hatred towards unions reflects a viewpoint that has often ended in violence perpetrated against union members and leaders around the world.” The complaint refers to several instances of violence against OPSEU/NUPGE members participating in a legal strike against their employer, Colleges of Applied Arts and Technology, around the same time Mr. O’Leary made his despicable remarks. “Mr. O’Leary’s comments help foster an environment in which violence against union members, as occurred during the recent OPSEU strike, is deemed acceptable behaviour,” says Thomas. In the letter of complaint, both Clancy and Thomas request that CBC take immediate steps to address the remarks made by O’Leary. “In dealing with this matter, we urge CBC to demand that Mr. O’Leary publicly apologize for his comments and take proactive steps, with the aim of making Mr. O’Leary accountable for future behaviour on the CBC.” For further Information contact: Mike Luff (office) 613-228-9800 (cell) 613-853-8255 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

Harper government actions reckless: Canadian Foundation for Labour Rights

For a government to legislate away the power of labour at the negotiating table is simply reckless. It is blatantly designed to tip the balance in favour of the employer. Ottawa (14 October 2011) – The Canadian Foundation for Labour Rights (CFLR) has again expressed alarm at the Harper government’s interference with the free collective bargaining rights of Canadian workers. “In the last few months, the federal government has threatened or introduced back-to-work legislation on four occasions, notes CFLR Board member and labour lawyer Paul Cavalluzzo. “Unfortunately this government is addicted to back-to-work legislation and impulsively introduces such laws whenever workers exercise their fundamental right to strike.” Earlier this week, federal Minister of Labour, Lisa Raitt, announced the government was going to introduce back-to-work legislation in the dispute between Air Canada and its flight attendants even before the workers have the opportunity to exercise their right to strike. Cavalluzzo said he is convinced this “cavalier treatment of fundamental freedoms” is based on ideology and not on solid evidence that such laws are necessary in order to prevent real risk of harm to the public. “This pattern of behaviour will have a very harmful effect on the collective bargaining process by taking away whatever bargaining leverage workers have to induce their employer to agree on a fair and reasonable settlement," noted Cavalluzzo. “This government should let it run its normal course,” added Cavalluzzo. “Taking away the fundamental right to strike when it is not justified will only cause long term labour disruption in Canada and foreseeable harm to the economy. The government is on a very slippery slope.” Steven Barrett, a CFLR Board member who has represented the Canadian Labour Congress in several appeals before the Supreme Court of Canada, agrees. He said the Harper government’s handling of labour relations is “reckless”. “Collective bargaining is about give and take and based on the premise that both management and labour has power. For a government to legislate away the power of labour at the negotiating table is simply reckless. It is blatantly designed to tip the balance in favour of the employer.” Barrett added, “Collective bargaining becomes a meaningless process if unions are forced to participate while being confined to a legislative straightjacket. If the government continues along this path, we can expect more instability, not less, in Canada’s labour relations climate.” 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 and to build effective political momentum and public support for progressive labour law reform. 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  

President’s Commentary: Harper government denying fundamental human rights

It is the role of a democratic government in a civil society to defend all human rights. Human rights cannot flourish where labour rights are not enforced. By James ClancyNational PresidentNational Union of Public and General Employees (NUPGE) Ottawa (13 October 2011) – The Harper government is clearly sending a message to Canadians that it has little respect for human rights. The right of workers to bargain collectively for their wages and working conditions and exercise their right to strike is a fundamental and universal human right. In the five months since the Harper government was elected with its majority in May, it has repeatedly shown that it is prepared to trample and squash this basic human right. In June, the Harper government threatened back-to-work legislation after a one-day strike between Air Canada and its ticket agents. Later that month, it quickly passed back-to-work legislation ending a lock-out of Canada Post employees by their employer. This week Lisa Raitt, Minister of Labour, announced the government will introduce “back-to-work” legislation in the dispute between Air Canada and its flight attendants before the workers have the opportunity to exercise their right to strike. The Harper government has decided to pick and choose which human rights it’s prepared to respect. It has chosen to override labour rights in order to pander to their political base. But this ideological attack has severe consequences as it weakens our democracy. It is the role of a democratic government in a civil society to defend all human rights. Human rights cannot flourish where labour rights are not enforced. The government’s anti-democratic actions also show they have no understanding of how Canada’s labour relations system works. They are undermining the basic framework that has guided labour relations in Canada for the past 70 years. The role of government has always been to only intervene once job action has taken place to help facilitate an end to the dispute between the employer and the union representing the workers. This government is intent on short-circuiting the collective bargaining process by intervening prior to a dispute taking place. Added to that, their intervention is completely biased towards the employer’s bargaining position. What incentive is there for an employer to engage in negotiations with the union when they know their bargaining position will be legislated by the government? The Harper government’s actions only serve to undermine the integrity of our labour relations framework. Free collective bargaining is about problem-solving in the workplace by addressing the legitimate concerns of both the employer and workers. Not allowing the process to run its course is reckless. I predict that it will lead to chaos in the workplace as well as increased and prolonged labour disputes in the future. James ClancyNational President 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 

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