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Bill C-4, another of the Harper government's undemocratic Omnibus budget bills, will dramatically tip the balance of collective bargaining in favour of the federal government, effectively take away public service workers' right to strike and will put the lives of workers in the federal sector at risk by redefining dangerous work.
Ottawa (29 Oct. 2013) – The Harper government has once again shown its strong anti-worker, anti-union bias by introducing legislation designed to severely weaken the collective bargaining and health and safety rights of Canadians employed in the federal sector.
Federal legislation undermines workers' rights, health and safety
Bill C-4, the Budget Implementation Act, another of the Harper government's undemocratic Omnibus budget bills, was introduced last week. Buried deep within the 321-page Bill are measures that will dramatically tip the balance of collective bargaining in favour of the federal government, effectively take away public service workers' right to strike and put the lives of workers in the federal sector at risk by redefining dangerous work.
This is the tenth labour law restricting or eliminating labour rights of Canadians initiated by the federal Conservatives since the Harper government took office in 2006. The ten pieces of legislation include eight federal government Bills as well as two yet-to-be-proclaimed Private Member Bills (C-377 and C-525) of Conservative MPs.
Rather than negotiations between employers and workers, the Government will decide who can strike, how collective agreements and grievances are settled
The draft legislation gives the employer unfettered right to decide what work is considered “essential” and how many and which workers are required to accomplish this work during a strike. It will allow the federal government to increase the number of essential employees at any point in the bargaining process, even during a strike. Under existing rules, the union and government negotiate the number of employees who are considered essential. If they can’t agree, the matter is turned over to the Public Service Labour Relations Board.
The arbitration option will be removed for all bargaining units except those where 80 per cent of employees perform work that has been designated “essential” by the employer. Groups that do not meet the 80 per cent threshold are automatically put on the conciliation-strike route. In the few cases where arbitration will be allowed, the process will no longer be independent of government. Arbitrators will be limited to consider only two factors: recruitment and retention, and the government’s fiscal circumstances relative to its budgetary policies.
Bill C-4 proposes changes to the grievance process which will limit workers' rights to redress. These include limitations and restrictions on who can file different types of grievances. Union support will be required to file all grievances, except those dealing with human rights issues and the cost of adjudication will be borne by the union and the employer. The new legislation removes the possibility of retroactive policy grievance awards. It also limits the arguments employees can make when opposing unjust layoffs.
Bill C-4 to change definition of dangerous work - increasing the risk to workers' health and safety
The giant Bill redefines and narrows the Canada Labour Code definition of what constitutes dangerous work in a way which potentially could lead to increased worker fatalities in Canada. Workers' right to know about hazardous materials they may be working with will now be restricted by allowing increased secrecy for chemical suppliers under the veil of trade secrets and confidential business information. The amendments also undermines the work and expertise of Health and Safety Officers by transferring their enforcement powers to the sole authority of the Minister of Labour.
The government moved late last week to limit second-reading debate on the omnibus Budget Implementation Act, to four days before it's sent to committee for hearings.
More information:
Canadian Foundation for Labour Rights Restrictive Labour Laws directory
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