In a move that signals a shift in the federal stance on labour disputes, Minister of Labour Seamus O’Regan Jr. introduced new legislation today aimed at banning the employment of replacement workers, or “scabs,” in federally regulated industries during strikes or lockouts.
The proposed Bill C-58 sets out to prohibit employers from hiring non-union workers to perform the duties of striking or locked-out employees, with narrow exceptions related to health, safety, and the prevention of significant property or environmental harm that cannot be managed by the employer’s regular workforce.
Unions suspecting violations of this ban would have the ability to file complaints with the Canada Industrial Relations Board (CIRB), which would be tasked with conducting investigations.
Furthermore, the legislation seeks to revamp the existing maintenance of activities process, which has been criticized for its length and complexity that can exacerbate labour disputes.
Under the new bill, both employers and unions would be mandated to agree on essential services that must continue during work stoppages within 15 days of bargaining. Should they fail to reach an agreement, the CIRB would have 90 days to make a decision on the matter.
“We’re banning the use of replacement workers because we believe in collective bargaining,” Minister O’Regan stated. “Our economy depends on employers and workers negotiating an agreement at the table. That’s where we get stability for our economy, that’s where strong labour relations are forged, and that’s where the best deals are made.”
The legislative changes are a marked departure from the policies set before 1999, which allowed unrestricted use of replacement workers. The amendments at the turn of the millennium introduced a partial ban following recommendations from the Sims Task Force’s 1995 report, which sought to maintain a union’s representational capacity during labour disputes.
Bill C-58 is positioned as a means to enhance labour relations, safeguard the right to strike, and ensure the uninterrupted process of collective bargaining, with the ultimate goal of providing stability during federal labour disputes.
