C-58 Prevents Scabs, Vollies, and Such from Crossing the Picket Line

Canadian Bill C-58 has been passed up North, revising the limited prohibition on using replacement workers during a strike.

The bill has been celebrated by the union fans throughout the airline industry, with immediate appreciation coming from the Air Line Pilots Association on behalf of their Canadian members. They said that the bill closed a loophole in the Canada Labour Code and regulations that govern the Industrial Relations Board, giving airline management a handy tool to keep pilots from striking. The new bill contains a pretty thorough rule set, keeping employers from using a variety of methods to replace striking or locked out labor. That prevents contractors, late hires, volunteers, students, or even members of the public from doing work during a lockout/strike. There is one provision that allows the use of replacement workers "in exceptional circumstances to prevent threats to life, health or safety of the public; to prevent destruction or serious damage to the employer’s property or premises; or to prevent serious environmental damage affecting the employer’s property or premises. In these circumstances, employers will be required to offer bargaining unit members the opportunity to do the necessary work before using replacement workers." 

The Canada Industrial Relations Board gets some changes, too, with parties required to enter into agreements no later than 15 days after giving notice to bargain. If they do not, they must apply for the Board to decide what activities need to be maintained. The Board must resolve matters in 82 days, and can expedite proceedings as it pleases, though it will likely reserve such powers for circumstances to "prevent an immediate and serious danger to the safety or health of the public".

“The passage of Bill C-58 is a major victory for both our pilots and the rights of all workers in Canada,” said Capt. Jason Ambrosi, ALPA president. “Banning replacement workers has been a priority of ours for decades, and I am grateful to all the Canadian pilots who stood in solidarity and took action to ensure this bill became law. I applaud the lawmakers who helped to protect workers’ rights by prohibiting scabs from being used during legal strikes and lockouts.”

“We commend the Government of Canada for consulting with major stakeholders from coast to coast to ensure the legislation brings fairness to the bargaining table and better protects the rights of workers, Capt. Tim Perry, ALPA Canada president. “We are confident this legislation will have a positive impact on the bargaining process by leveling the playing field for both employers and unions whose workers provide critical services to Canadians and their communities. We look forward to its timely implementation.”

 FMI: www.canada.ca