Labour leaders warn Bill C-39 amendments threaten right to strike

OTTAWA — Labour leaders told a parliamentary committee on Tuesday that proposed amendments to Canada’s labour code in Bill C-39 threaten the right to strike and decades of labour stability.

Canadian Labour Congress president Bea Bruske said new powers in the bill that would allow a minister to order a business under federal jurisdiction to resume operations or force binding arbitration effectively eliminate the right to strike.

"What looks like greater stability on paper is going to create more instability," she told members of Parliament at the committee meeting.

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The 243-page bill seeks to fast-track approvals for major projects, cut their review times and create zones of "national interest" to pre-approve certain types of projects.

It also proposes changes to Section 107 of the Canada Labour Code.

Canadian Union of Public Employees national president Mark Hancock said the changes would discourage good-faith bargaining.

"Bill C-39 doesn’t encourage employers to bargain," he said. "It encourages them to lowball workers and wait for the minister to do their dirty work."

Jobs Minister Patty Hajdu defended the legislation at a committee meeting on Monday.

Hajdu said the bill strengthens the right to strike by removing the ability to use Section 107 before a labour disruption, adding that the government has the responsibility to act during an "exceptionally consequential" dispute.

"Protecting workers and protecting the national interest go hand in hand," she said.

The Canadian Labour Congress has proposed amendments to ensure Section 107 does not give the minister the power to end legal strikes.

Bruske said the group also has proposed striking an independent panel of experts to assess whether ongoing strikes have created a genuine national economic emergency.

"The panel would advise government, and if intervention were necessary, government would have to introduce legislation and make its case in Parliament," she said.

The bill proposes a new special mediator position to document arguments in a labour dispute and publish a report before talks break down.

If passed, the jobs minister would have to consider the special mediator’s report before triggering Section 107 and must conclude the disruption is adversely affecting the "national interest."

Bruske said her organization has proposed that special mediators be independent of government.

"Our experience under the Public Service Labor Relations Act raises some concerns that the proposed special mediator process could delay settlements rather than help achieve them," she said.

The Liberals have used Section 107 numerous times in recent years to end strikes in federally regulated sectors such as rail, ports and air transportation.

Labour experts have said the new language in C-39 likely does confer additional powers on the minister, and those powers will be subject to Charter challenges questioning their constitutionality.

Yadude Books reported in September that opposition parties see a political opening in the Liberal bill on labour and environment.

With files from The Canadian Press, BNN Bloomberg and Toronto Star