Showing posts with label strike. Show all posts
Showing posts with label strike. Show all posts

Wednesday, 29 June 2011

CUPW will challenge the back-to-work legislation

Canada Post union to challenge back-to-work legislation in court - thestar.com
As I was pointing out, the legislation is illegal, and the union is going to challenge it in court.
Now the decision will depend on if Harper has stacked the Supreme Court with enough of his judges already or not.

Tuesday, 21 June 2011

Conservative back to work legislastion breaks the law and could result in lasting consequences

To Ride, Shoot Straight and Speak the Truth: On back to work legislation. Whoa, deja vu.
Excerpts:
It's worth noting that even lawyers aren't evading it as much as they used to. In 2007, the Supreme Court of Canada, in the BC Health Services
case, overturned much prior labour law in favour of reading a right to
collective bargaining into the Charter right to freedom of association.
(As yet, no right to strike. Baby steps.) This implies that, if
governments intervene in labour disputes, that intervention must not
"substantially interfere" in the ability to collectively bargain over
workplace issues.


I should also point out that back to work
legislation is hardly a panacea. In most labour disputes, a back to work
law is passed as a "cooling-off" period -- both sides having gotten a
little entrenched, the government sends everyone back to business as
usual for a time, and then allows them to resume bargaining. The reason
for doing this is that a back to work bill which remands everything to
binding arbitration doesn't settle the underlying conflict between
employer and union. It just boils up again as soon as the collective
agreement expires.
...
[The Conservative back to work legislation regarding the postal strike:]
The part that surprised me, though, is Section 15:
15. The new collective agreement is deemed to provide for the following increases to salaries:
(a) effective February 1, 2011, salaries in effect as of January 31, 2011 are increased by 1.75%;
(b) effective February 1, 2012, salaries in effect as of January 31, 2012 are increased by 1.5%;
(c) effective February 1, 2013, salaries in effect as of January 31, 2013 are increased by 2%; and
(d) effective February 1, 2014, salaries in effect as of January 31, 2014 are increased by 2%.
Either
the government is gambling that CUPW won't take them to court -- or,
possibly, gambling that they can stack the court in time and well enough
to reverse or limit Health Services -- or they have really
shitty lawyers drafting their bills. (Or, I suppose, they didn't bother
to check the constitutionality of this. Harper's arrogant enough; I
would have thought the Ministry of Labour had some competent bureaucrats
vetting these things, though.) As far as I can tell, this
does
amount to "substantial interference" in the collective bargaining
process. A key issue in workplace bargaining is wages. The government's
bill not only legislates wages, but does so at levels that are well
under
either the union's last offer or Canada Post's. Section 13
(3) seems to eliminate even the arbitrator's power to change the
salaries. Once this bill becomes law, then no one, save the Supreme
Court, could change that contract term.

The only possible
justification I can see the government offering here is a section 1
justification under the Charter -- that the infringement of the right to
bargain collectively is a reasonable limit prescribed by law as can be
demonstrably justified in a free and democratic society. But this takes
us back to the liberty arguments, and the aspects of international law
which are universally in favour of a right to collectively bargain, to
unionize, and to strike.

If CUPW chooses to fight this
legislation in court, the government could be on its way to an
long-lasting and colossal error that will have significant impact on
labour relations in this country.
Health Services was decided
because the Gordon Campbell government in BC massively overreached -- it
launched an all-out war on labour in the province (a general strike was
being discussed as a possibility at one point), went too far, and got
the Supreme Court to limit the power of governments to intervene in
labour disputes. Harper may be the next right-winger to go too far, and
force the Court to limit the power of governments even further.

Thursday, 9 June 2011

Canada Post cuts home deliver to 3 days a week.

Canada Post cuts home delivery to 3 days a week - thestar.com
I swear that I only get delivery 3 days a week now and in the past few months.
Long before this strike, there have been days when the building has got no mail delivery.
So, for me, this official plan to temporarily cut deliver to 3 days a week will probably not change anything.
I wonder what our mail-person is doing on the days he/she is supposed to be delivering our mail. Maybe if Canada Post cut this person's pay by 40% (for 40% less work being done), then he/she would wake up.

Now, back to the story at hand.
There has been a drop of about 50% in the use of Canada Post to send things. So, they had to reduce the delivery service or lose even more money.

Saturday, 31 January 2009

York U - Bargaining in Bad Faith

Ontario NDP Accuse YorkU of Bargaining in Bad Faith | The Dominion <read full story!

Howard Hampton: "This isn't deadlock. This is a university that decided, "We'll lock out
the students. We'll put them in the street. We'll go through the
motions of making it look like we're interested in bargaining and we'll
just string it out, string it out, and then we'll go to the McGuinty
government and ask them to end it."