2 – Repeated violations of rights
The ITUC Global Rights Index

Canada

The ITUC affiliates in Canada are the Canadian Labour Congress / Congrès du Travail du Canada (CLC-CTC); Centrale des Syndicats Démocratiques (CSD) and the Confédération des Syndicats Nationaux (CSN).

In practice

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Contempt for and intimidation of union members at Covered Bridge Potato Chips01-04-2015

In April, the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) launched an online support campaign to denounce the contempt shown by the management of Covered Bridge Potato Chips, in Hartland, for trade union demands. The workers at the factory began a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
on 4 January over the management’s persistent refusal to negotiate better working conditions. The union, affiliated to United Food and Commercial Workers Canada (UFCW) was founded in December 2013, but the employer is still refusing to negotiate with it. A court has ruled that Covered Bridge has repeatedly violated the labour law, most notably by intimidating the unionised workers.

Three anti-union laws repealed01-01-2016

At the beginning of 2016, the new federal government repealed three anti-union laws drawn up by the previous executive. First of all, it did away with controversial Bill C-377 on the financial transparency of trade unions, adopted at the end of June 2015, which would have forced unions to publish far too detailed financial reports and all kinds of sensitive information that employers would have been able to exploit. It then abrogated Bill C-525, which would have made the unionisation of workers even more complex, and would have facilitated demands to have a union revoked. Finally, he repealed Bill C-59, which would have given the government the power to unilaterally depart from the collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
process, as well as to impose a new sick leave regime on the public service. The Canadian Labour Congress (CLC) and Public Services International (PSI) had, moreover, on 14 September, filed a joint complaint with the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights
against Bill C-59, which violates Conventions 87, 98, 151 and 154.

Trade unionist arrested19-06-2015

In September 2014, Nova Scotia Government and General Employees Union vice president Jason MacLean was arrested at a public demonstration against Nova Scotia’s Bill 1. He was wrestled to the ground and handcuffed by a Halifax police officer who accused him of assaulting another person during the protest. The accusations were found to be baseless, and the Halifax Regional Police later dropped all charges against MacLean and publicly apologised for his arrest.
The newly-elected Liberal government of Stephen McNeil introduced Bill 1, the Health Authorities Act, intended to decrease the number of health system bargaining units eligible to participate in collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
from 50 down to four, and make substantial changes to collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
. Bill 1 threatened to seriously infringe on the constitutional rights of workers to choose the bargaining agent bargaining agent A workers’ representative authorised to bargain collectively on behalf of workers in a bargaining unit.

See collective bargaining
they want by imposing not only union representation, but a collective agreement on these same workers. Bill 1 would make it illegal for healthcare workers to choose their union by forcing all workers into one of four bargaining units, and will, in fact, prohibit applications for certification, decertification and displacement of one union for another.

Railway found guilty of replacing union labour with private contractors31-03-2015

In March 2015 the British Colombia Labour Relations Board ruled that Southern Railway (SRY) had unlawfully used replacement, non-union workers when they used A&BRail to replace switch ties on Annacis Island. SRY was ordered to cease and desist using private contractors to do union work, and to pay the Canadian Union of Public Employees (CUPE) $5,000 in damages.

The union had been in dispute with SRY since November 2014, after members overwhelmingly rejected the package proposed by the company. The union had voted for a job action on 22 November after the employer had steadfastly refused to address workers’ concerns through negotiations. On 31 December 2014 the company ordered a lockout lockout A form of industrial action whereby an employer refuses work to its employees or temporarily shuts down operations. and brought in replacement labour.

Union busting and bad faith bargaining at beer can factory31-03-2015

Crown Metal Packaging Canada, part of Crown Holdings, a US firm with its headquarters in Philadelphia, continued to use non-union labour to replace its striking workforce throughout 2014 and in the first quarter of 2015. One hundred twenty workers, all members of United Steelworkers (USW) Local 9176, at the Crown canning factory in Toronto, had been on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
since September 2013 in protest at attempts to massively undercut previously negotiated conditions. Some of the workers’ contracts had run out in June 2013, but it gradually became clear that the company was not serious about negotiating contract renewals, was delaying negotiations and focusing on minor and irrelevant issues. Then Crown demanded that all workers hired on new contracts should be paid 42 per cent less for doing the same work as current employees, despite the fact that Crown is a highly profitable company. When the existing employees refused to accept the proposal, Crown demanded that all workers accept an across the board 33 per cent wage cut. They refused, and the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
began on 6 September 2013. The plant remained closed for two weeks and two days before operations resumed, with the company using non-union labour. It also brought in a specialist union-busting firm from the US, AFI Security.

The strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
continued into 2015, with Crown vowing to keep the replacement workers on the job even if a settlement is reached, meaning more than three-quarters of the plant’s current workforce would be laid off. This could effectively bust the union, which it believes is precisely what the company intends.

Interference in strike action04-08-2014

The Budget Implementation Act, Bill C-4. gives the federal government, as the employer, the unfettered right to decide what work is considered “essential” and how many and which workers are required to accomplish this work during a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. It allows the federal government to increase the number of essential employees at any point in the bargaining process, even during a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. Also, the arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation
option is removed for all bargaining units except those where 80 per cent of employees perform work that has been designated “essential” by the employer. Groups that do not meet the 80 per cent threshold are automatically put on the conciliation conciliation An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.

See arbitration, mediation
-strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
route. In the few cases where arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation
will be allowed, the process will no longer be independent of government. Arbitrators will be limited to consider only two factors: recruitment and retention, and the government’s fiscal circumstances relative to its budgetary policies.

In Quebec, Bill 54 ended a two week strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
by 77,000 construction workers in Quebec and imposed a one year agreement with a wage increase of two per cent.

Private Members Bill backed by federal government...04-08-2014

A federal government backed Private Members Bill (C-377) currently before the Senate aims to make it compulsory for trade unions to disclose information on Internet regarding any transactions over $5,000, the salaries paid to employees and any assets they own, making it available to the general public rather than just their members, as well as to report on the time allocated to their various activities. The aim is to weaken trade unions’ capacity to act by questioning their role in areas other than collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
.

Public sector19-05-2014

The Public Sector Services Continuation Act (Bill 45) in Alberta places further restrictions on some 200,000 unionized public sector workers in the province who already are denied their right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. It denies individuals the fundamental right to freedom of expression by introducing for the first time in Canada, a vague legal concept of “strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
threat” which makes it illegal to canvass the opinion of “employees to determine whether they wish to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
,” or for an individual to freely express a view which calls for or supports strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
action. The legislation also imposes huge punitive financial penalties on unions, their members and even unrelated citizens who encourage or support an “illegal strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
” or “strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
threat.”

In Nova Scotia, the Essential Home-support Services (2014) Act (Bill 30, March) ended a two-day strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
of some 500 home care workers and forced the workers’ unions and their employers to negotiate an essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.

See Guide to the ITUC international trade union rights framework
agreement prior to the commencement of a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
or lock-out. In alberta, the Public Service Salary Restraint Act (Bill 46) retroactively eliminated a scheduled arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation
process, giving government employees and their union no real input in determining their wages, benefits and working conditions for this round of bargaining. The only “choices” they have been given under Bill 46 are, to either accept the employer’s last offer, or have that offer legislated on them.

Bill 86 averted a pending strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
by ambulance workers taking away their right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
and forcing the dispute to final selection offer arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation
.

Crown Holdings uses strikebreakers08-10-2013
Interference by public authorities in migrant workers’ right to freedom of association16-08-2013

Migrant workers of Mexican origin employed at Floriala Farms and Sidhu Nurseries near Surrey, British Columbia under Canada’s Seasonal Agricultural Worker Programme have been warned by their consulate about visiting union-run support centres in the Lower Mainland of British Columbia. At a 2012 hearing before the B.C. Labour Relations Board the Mexican government successfully claimed sovereign immunity, a view now being appealed by the United Food and Commercial Workers before the B.C. Supreme Court.

Interference by employers16-08-2013

Wal-Mart closed a branch in Jonquière, Quebec because of a potentially successful organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. drive by UFCW Canada. In November 2012, the Supreme Court of Canada indicated that it would hear UFCW’s appeal.

Interference in strike action30-06-2012

In June 2012, the Federal government moved quickly to introduce back-to-work legislation to end a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
by 4,800 members the International Brotherhood of Teamsters against Canadian Pacific Railway.

In March 2012, the Federal government referred two Air Canada labour disputes involving pilots (Air Canada Pilots Association) and ground crews (International Association of Machinists and Aerospace Workers) to the Canadian Industrial Relations industrial relations The individual and collective relations and dealings between workers and employers at the workplace, as well as the institutional interaction between unions, employers and also the government.

See social dialogue
Board, a move that effectively blocked work stoppages and forced the employees back to work. In both cases, the Board subsequently sided with the employer. This followed two other actions: (i) in June, 2011, the government announced its intent to introduce back-to-work legislation to end a legal strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
of Air Canada’s 3,800 sales and service agents (Canadian Auto Workers Union), forcing the union and employer to resolve differences within a few days, or face a legislative resolution; and (ii) in October 2011, a dispute involving Air Canada flight attendants (Canadian Union of Public Employees) was immediately referred to the Canada Industrial Relations industrial relations The individual and collective relations and dealings between workers and employers at the workplace, as well as the institutional interaction between unions, employers and also the government.

See social dialogue
Board by the Federal government to prevent the employees from exercising their right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
.

Uninhibited use of strikebreakers in legal strikes31-01-2011

Employers continue to employ strikebreakers at will, pointing to a lack of provisions against the use of strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
-breakers in many Canadian jurisdictions. Even in Quebec where legislation is in place, both the ‘Journal de Québec’ and ‘Journal de Montréal’ produced their papers as usual, despite strikes that lasted 16 and 24 months respectively. The government has yet to follow up on recommendations from a review by the ‘Assemblée Nationale’ to amend legislation.

Farm workers denied collective bargaining and organising rights in three provinces31-01-2011

Farm workers are excluded from protection afforded by labour relations legislation and thus deprived of the right to organise and bargain collectively in the provinces of Alberta, Ontario and New Brunswick (at operations for five or fewer workers). In Ontario, the government has led the assault by appealing a lower court decision that had granted Ontario farm workers collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
rights. In 2011 it obtained a Federal Supreme Court ruling to restrict those same rights – in contradiction to an earlier ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights
ruling on the same matter. Corrective legislation is not on the government’s horizon.

Trends in undermining collective bargaining31-01-2011

The Canadian government continues to implement legislation introduced in conjunction with the 2009 Federal Budget, which fixes the level of wage increases for all federal public service employees. The provisions continue to negatively impact federal public sector employees in general, and particularly those working for the Canada Revenue Agency, the National Gallery of Canada, the Canada Council for the Arts, the Canadian Museum of Nature and the National Arts Centre, who have experienced a reduction in negotiated wage rates. An egregious example of this is the current implementation to “modernise” wage parity in the federal public sector, by making pay equity an object of collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
instead of a legislated right. At the same time, it has prohibited the trade union from representing its members in the filing of pay equity complaints, a clear tampering with the rights of freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework
.

The removal or imposition of certain issues that might be subject to collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
is also practiced at the provincial or territorial level. For example in 2007, the Superior Court of Québec invalidated the 2003 Bill-30 on collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
in the public sector, which unilaterally defined collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
units and imposed what they would negotiate, without recourse to strikes. The matter was appealed in 2009 but is still being deliberated. Similarly in Quebec, Bill-43 imposes conditions of work in the public sector without collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
. A provincial committee on trade union rights has recommended that the government amend the legislation, but without follow-up to date.

Back-to-work legislation – a worrisome track record on “essential services”31-01-2011

The ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights
notion of ‘essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.

See Guide to the ITUC international trade union rights framework
’ is being distorted by governments to broadly argue against so-called economic impacts of strikes on the economy and social well-being.
On June 26, the federal government adopted Bill C-6 to impose a settlement to end a lockout lockout A form of industrial action whereby an employer refuses work to its employees or temporarily shuts down operations. of nearly 50,000 postal workers, thereby continuing its track record since 1950 to introduce back-to-work legislation by tampering with the definition of ‘essential service’. The imposition of such legislation has become commonplace, the mere threat of it often tipping the balance against a particular strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
an employer opposes. This purpose was served on June 16, when the government announced its intent to introduce back-to-work legislation to end a legal strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
of Air Canada’s 3,800 sales and service agents, forcing the union and employer to resolve differences within a few days, or face a legislative resolution. In the case of a second strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
with Air Canada flight attendants on October 13, the federal government referred the labour dispute labour dispute See industrial dispute to the Canada Industrial Relations industrial relations The individual and collective relations and dealings between workers and employers at the workplace, as well as the institutional interaction between unions, employers and also the government.

See social dialogue
Board, another move to prevent the employees from going on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
.

The Government of Manitoba is also standing by current legislation that allows employers to unilaterally designate workers as ‘essential’. Similarly, legislation widening the application of ‘essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.

See Guide to the ITUC international trade union rights framework
’ continues to deny full exercise of trade union rights in such other provinces as New Brunswick, British Columbia, Saskatchewan and Prince Edward Island.

The Saskatchewan government continues to stand by legislation adopted in 2008, which has the effect of reducing the rights to organise and engage in collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
for thousands of public sector employees. It introduced legislation to eliminate sectoral bargaining in the construction industry, allowing the establishment of employer-dominated company unions, and greatly reducing the power of unions in the construction industry by reducing their longstanding right to control the supply of labour.

Supreme Court ruling not implemented31-01-2011

In 2007, the Supreme Court ruled that collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
was included within the meaning of the term “Association” in Canada’s Charter of Rights and Freedoms, yet neither federal nor most provincial or territorial governments are taking much heed. Instead of amending legislation and practice to conform to the Supreme Court ruling, Governments are taking on ‘case-by-case’ battles at labour boards, arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation
tribunals and the courts. Meanwhile the Federal government has introduced back-to-work legislation to impose settlements in 2011 with postal workers and two separate Air Canada strikes. The overall effect is to erode collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
, generally, whilst undermining union capacity by forcing them to spend a disproportionate amount of finances on judicial or quasi-judicial representation.

In late 2011, a Private Members Bill was introduced into the House of Commons to change the criteria for union reporting to the Canada Revenue Agency, thus further increasing financial burdens on them. It also aims at giving employers detailed information about union operations, at taxpayers expense. The introduction of a similar private members bill in British Columbia, with Saskatchewan intimating it might do the same, raises the specter of a coordinated attack in a number of jurisdictions.

Canada Post refuses mail couriers basic union rights31-12-2010

In a conflict stemming from the 1980s, rural route mail couriers of Canada Post have struggled for their rights to form a union and to engage in collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
. Section 13(5) of the Canada Post Act excludes mail contractors from the scope of the Canada Labour Code, and the employer has adamantly stated that rural route mail couriers and other associated staff shall be considered contractors. In 2003, as a result of intense lobbying, the Canadian Union of Postal Workers (CUPW) was certified to represent the workers and negotiated a collective agreement that granted the mail couriers employee status. However, the employer has continued its judicial persecution of the union and its organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. efforts.

Withdrawing rights of construction trade unions31-12-2010

The Saskatchewan government has introduced legislation that will eliminate sectoral bargaining in the construction industry, allow the establishment of employer-dominated company unions, and greatly reduce the power of unions in the construction industry by reducing their long-standing right concerning the supply of labour.

Uninhibited use of strikebreakers in legal strikes 31-12-2010

Employers continue to employ strikebreakers at will, pointing to a lack of provisions against the use of strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
-breakers in many Canadian jurisdictions. In 2010, for example, strikes involving Steelworkers at Brantford, Sudbury and Port Colborne in Ontario were aggravated and extended by the introduction of strikebreakers.

Salary roll-backs and a reversal on pay equity at the national level31-12-2010

The Canadian government is currently implementing legislation introduced in conjunction with the 2009 Federal Budget, which fixes the level of wage increases for all federal public service employees. The provisions continue to negatively impact federal public sector employees in general, and particularly those working for the Canada Revenue Agency, the National Gallery of Canada, the Canada Council for the Arts, the Canadian Museum of Nature and the National Arts Centre, who will experience a reduction in negotiated wage rates.

In addition, the Canadian government is implementing legislative measures to “modernise” wage parity in the federal public sector, by making pay equity an object of collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
instead of a legislated right. At the same time, it has prohibited a trade union from representing its members in the filing of pay equity complaints. In December 2010, the Public Service Alliance of Canada (PSAC) was granted leave by the Ontario Superior Court of Justice to present arguments against the constitutionality of the Expenditure Restraint Act and the Public Sector Equitable Compensation Act. PSAC’s appeal is also backed by the Royal Canadian Mounted Police and the union representing professional employees in the public sector.

The Canadian government also allowed the Maritime Employers’ Association, which operates under federal jurisdiction, to lock out longshoremen in the Port of Montreal without notice or justification in order to reinforce its intention to reverse a long-standing trade union right to income security.

Forced back to work during legal strike30-04-2009

On 25 January, the Liberal government of Ontario presented a back-to-work bill to end a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
at York University by contract staff, teaching assistants and graduate assistants providing non-essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.

See Guide to the ITUC international trade union rights framework
affiliated to the Canadian Union of Public Employees (CUPE) 3903, calling for the Chamber’s unanimous consent to pass the legislation. Members of the New Democratic Party (NDP), who were unanimously opposed to the bill, refused to give their consent, provoking a critical debate on this issue in the Ontario Legislative Assembly. In May, a mediated agreement was concluded under the terms of the back-to-work legislation. The national CUPE and CUPE 3903 are studying the possibility of presenting their case in the form of an ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights
complaint.

Farm workers’ collective organising and unionisation rights still compromised in three provinces30-11-2009

Farm workers in the provinces of Alberta, Ontario and New Brunswick are excluded from the protection afforded by labour relations legislation and thus deprived of legal provisions protecting their right to organise. In 2008, the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights
recommended that the governments in question “indicate in the next report all the measures taken or envisaged by the governments of Ontario, Alberta and New Brunswick to amend their laws, with a view to guaranteeing agricultural workers the right to organise”. In November 2008, the Ontario Appeal Court gave the government a period of one year to ensure that farm workers in Ontario were covered by sufficient protective legal provisions to allow them to bargain collectively, but the Ontario government appealed against the ruling to the Supreme Court of Canada. In early 2009, the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights
criticised Ontario for not having acted in good faith, and the United Food and Commercial Workers’ International Union (UFCW) filed a new complaint with the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights
, which is currently being examined.

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