http://nupge.ca/content/11334/albertas-bills-45-and-46-one-worst-attacks-labour-rights-decades
[The province of Alberta takes on the mantle of rogue, petro-mini-state.
No doubt, after years of delays in the courts, these putative laws
will be struck down as unconstitutional and beyond the province's
authority. In the interim, the damage will be done, and the petro-state
will reign supreme, safe in the knowledge the current federal government
will extend it every delay and defence possible.]
Alberta's Bills 45 and 46: One of the worst attacks on labour rights in
decades
“These proposed laws are a blatant violation of Canadians' fundamental
rights to freedom of association and expression as contained in Canada's
Charter. Equally offensive is the undemocratic way the Redford
government introduced the legislation and the dictatorial process by
which it intends to pass the two anti-union laws.”
Ottawa (05 Dec. 2013) – The anti-union Bills 45 and 46, rammed through
the Alberta legislature yesterday evening and this morning, are one of
the worst attacks on labour rights witnessed in Canada in decades.
These laws have no resemblance of fairness and justice and are a blatant
violation of Canadians' fundamental rights to freedom of association and
expression as contained in Canada's Charter of Rights and Freedoms.
Equally offensive is the undemocratic way the Redford government
introduced the legislation and the dictatorial process by which it
passed the two anti-union laws.
Redford introduces dangerous anti-worker legislation, trampling on
rights and making it illegal to even utter the word strike
Both Bills were introduced last week without any consultation with
unions which will be impacted by the regressive legislation. The
government introduced a motion to limit debate and enforce closure, even
before the Bills were tabled in the legislature. This is unheard of in
Canada – members of a legislature being asked to limit debate and
enforce closure on draft legislation that they have not yet seen.
Bill 45, the Public Sector Services Continuation Act, places further
restrictions on over 100,000 unionized workers in Alberta who already
are denied their right to strike. It broadens the definition of a
strike to include “any slowdown or any activity that has the effect of
restricting or disrupting production or services."
Bill 45 can be best described as legislative overkill. It denies
individuals the fundamental right to freedom of expression. Bill 45
introduces for the first time in Canada, a vague legal concept of
“strike threat” which makes it illegal to canvass the opinion of
“employees to determine whether they wish to strike” or to freely
express a view which calls for or supports strike action.
Those who are not directly involved with a union, like an academic or
public policy commentator, could be prosecuted for suggesting that a
strike is the only recourse to protect the public interest or draw
attention to unsafe working conditions that put the health of workers
and the general public at risk.
Bill 45 also imposes huge punitive fines on unions, their members and
citizens who encourage or support an “illegal strike” or “strike threat”.
Bill 46 is the most restrictive public sector collective bargaining law
in Canada removing access to legal means to find a fair settlement
Bill 46, the Public Service Salary Restraint Act, takes away the only
dispute resolution mechanism available to some 21,000 members of the
Alberta Union of Provincial Employees who work for the Alberta government.
Alberta already has the most restrictive public sector collective
bargaining law in Canada with its blanket denial of the right to strike
for public workers. Once negotiations fail to produce a settlement, the
only process available for public sector workers is arbitration.
Recently, after six months of failed negotiations, the Alberta Union of
Provincial Employees (AUPE) applied for and was granted the right to
arbitration. In fact, dates were already established for the
arbitration to take place.
Alberta government derails negotiations currently in progress with
salary restraint legislation, prime example of bargaining in bad faith
There cannot be a more demonstrable example of bad faith bargaining on
behalf of the government than Bill 46. It retroactively eliminated the
scheduled arbitration process, giving government workers 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
of 0%, 0%, 1% and 1% over four years with a lump sum payment of $875, or
have that offer legislated on them.
In tabling these two pieces of legislation, the Redford government has
boldly demonstrated its willingness to negotiate in bad faith, ride
roughshod over fundamental human rights of Canadians and ignore every
international labour standard that our governments have set their
signatures to.
There is absolutely no economic grounds to justify this anti-democratic
behaviour. Alberta's economy is growing; the province’s GDP is forecast
to expand by 3.3 per cent this year and 3.5% next year. There were
33,800 jobs added in the Alberta labour market in the third quarter of
this year and the latest unemployment rate for the province is 4.3 per
cent. In fact, the day before Bills 45 and 46 were tabled in the
legislature, the Finance Minister reported an operational surplus of
more than $1 billion in the first six months of the current fiscal year.
Legislation is cover for an agenda to silence public sector union
members and weaken democracy
What's really behind this attack? Plain and simple, the Redford
government is determined to weaken and silence public sector unions in
the province.
Why? Because public sector unions have a strong tradition of standing
up for quality public services and the public interest.
Public sector unions, along with the rest of the labour movement in
Alberta, are the only democratic counterweight to the government's
agenda of corporate tax cuts, deregulation, privatization and the
elimination of public services. To weaken them and silence their voice
will make it easier for government to move ahead with its agenda. But
it will also have grave consequences for society – our democracy will
continue to be weakened and our ability to confront the challenges of
growing income inequality will be undermined.
Canadians from to coast to coast to coast need to speak up.
In solidarity,
James Clancy
NUPGE National President
NUPGE
James Clancy is the National President of the National Union of Public
and General Employees (NUPGE), one of Canada's largest labour
organizations with over 340,000 members. Our mission is to improve the
lives of working families and to build a stronger Canada by ensuring our
common wealth is used for the common good. NUPGE
--
Darryl McMahon
Failed state: Alberta
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