United Steelworkers submission to the House of Commons Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities Consultations on the Canada Labour Code
Alongside other mechanisms in the Code that allow for employers to introduce delay or third-party interference, recent experience with section 107 is fundamentally altering bargaining relationships and tipping the balance of power even further toward employers.
The USW recommends the repeal of section 107 and supports efforts thereto including Bill C-247.
In considering these recent developments as well as this Committee’s review, we reiterate the settled law of courts and of the Canada Industrial Relations Board (“CIRB” or the “Board”) that the right to strike is an essential component of collective bargaining and that the right to strike must be as minimally impaired as possible for effective labour relations. The best settlements are those arrived at by employer and union together and frequent government intervention in bargaining impedes that.
This brief is in two parts.
In the first part, we review the legal framework and constitutional rights to strike and collectively bargain.
- The right to strike is fundamental to the right to collectively bargain and these rights are constitutionally protected under section 2(d) of the Charter.
- Section 107 as drafted and as interpreted and employed does not minimally impair these rights.
- Section 107 is unnecessary and duplicative of other Code provisions that protect health and safety.
- Section 107 is undemocratic and its usage lacks transparency, accountability, and reviewability.
In the second part, we explain the practicalities of how section 107 is harming labour relations and bargaining.
- Published research confirms that third party intervention does not promote industrial peace or effective labour relations but rather weakens unions and encourages strife.
- USW staff experience in the past two years describe the threat of section 107 as fundamentally altering bargaining and shifting power to employers.
- The long-term practical effects of relying on interventions like section 107 and arbitration will be to further strip workers of any meaningful input into their terms and conditions of employment.
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