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Perhaps no other aspect of Canadian labour relations is as contentious as labour
disputes. High profile strikes and lock-outs receive much attention in the media
and create widespread debate over the right to strike, the extent of public
interest in labour disputes, and the nature of the disputes themselves.
What gets lost in all of the media sensationalism is that 95% of all contract negotiations are settled without recourse to strike or lockout! In those few cases where union sanctions are invoked, you can rest assured that those actions are never taken lightly or with any other purpose than attaining a fair settlement as quickly as possible. Workers strike when there are no other options left. That is why the right to strike is essential to unions – without that right; there is no effective means to compel negotiation and compromise from employers. As the Ontario High Court said: "The right to organize and bargain collectively is only an illusion if the right to strike does not go with it." [Dolphin Delivery v. RWDSU (1984)] The right to strike is an inherent democratic right that must enjoyed by all workers. Any truncation of that right or exceptions to that right is both undemocratic and unenforceable. Recent Alberta experiences with health care workers have proven all too clearly that the right to strike can not be abridged by laws. Regardless of laws workers will strike when they must. If workers continue to strike ‘illegally’ in armed dictatorships, what sense does it make to even try to take away that right in a democracy? Recommendation number five: Ensure that all Alberta workers have the legal right-to-strike. Remove all restrictions on the right to strike from the Alberta Labour Relations Code. A strike or lock-out is intended to exert economic pressure on parties to a collective agreement in order to facilitate negotiations and encourage a settlement. It stands to reason that if one party is allowed to continue to operate while the other doesn’t is contrary to the whole intention of our labour relations system. The use of replacement labour – known as strikebreakers or scabs – during labour disputes delays settlements, increases hostility and violence, and transforms disputes over pay and working conditions into exercises in union busting. Recommendation number five: establish a level playing field between workers and employers during labour disputes. Ban the use of replacement labour during labour disputes. |