A Hard Landing for Collective Bargaining – Ken Lewenza, CAW President (The Mark News-Canada)
July 7, 2011
The Air Canada back-to-work bill bodes ill for workers’ rights.
If any further evidence is needed to prove that Canada’s federal industrial relations are in desperate need of repair, we don’t have to look further than the recent labour dispute at Air Canada.
Negotiations took place over four months. Talks were fuelled by aggressive and ambitious company demands for significant cuts. At the same time, members of the CAW union were determined to make long overdue gains after a decade of sacrifice.
There is no question that these were difficult negotiations. Unfortunately, they were made more difficult by external factors that were well beyond the union’s control.
For starters, Air Canada didn’t shy away from making plans to hire replacement workers (scabs) in the event of a work stoppage. Under the Canada Labour Code – the legislative text that governs federal labour relations – companies are within their right to do this, often to the detriment of workers.
Most employers don’t venture down this path. In fact, hiring scabs is illegal in the provinces of Quebec and British Columbia. Replacement workers create animosity, often fuelling anger and violence on strike lines. Their employment also creates a chilling effect on bargaining.
In light of this, it’s not surprising that the final hours of contract talks – often the most critical time in any negotiation – were bogged down. Insincere discussions over outstanding issues got us no closer to reaching a deal, and at this point we were not far apart in many of our views. With a company contingency plan already in place, and scabs scheduled to work, negotiations were destined to fail. We were bargaining with a company that had no real sense of urgency.
Despite labour unions and supporters’ constant efforts to establish federal legislation that bans the use of replacement workers, the Harper government only turns a blind eye. The Conservatives seem content to watch workers take part in a senseless game of chicken with very large and well-resourced employers that have little to lose.
As scabs filled in behind Air Canada customer-service desks on the first day of a three-day strike, the company boldly reassured the public that things were “business-as-usual.” Yet, only hours after the strike began, Federal Labour Minister Lisa Raitt signalled the Harper government’s intent to force Air Canada employees back to work through legislation – even though a final settlement was well within reach. In her words, the strike posed a threat to Canada’s economic recovery. Frankly, that was a bogus claim.
Back-to-work legislation is a last resort in the face of major economic and social disruption. In this case, it was an ideologically driven knee-jerk reaction to a situation under total control. Workers were rightfully upset. Forcing workers back on the job and then imposing an arbitrated settlement not only fuels discontent, but also undercuts collective bargaining and workplace democracy.
The strike at Air Canada may not have happened if there had been a ban on replacement workers. Also, I’ve little doubt that the Harper government’s absurd and heavy-handed back-to-work legislation will set a dangerous precedent for future interventions in federal negotiations. This legislation contained language suspiciously consistent with the employer’s demands around flexibility and cost-competitiveness, the merits of which are entirely debatable.