The Liberals introduced legislation Thursday to ban replacement workers during job action in federally regulated sectors, a key component of its supply-and-confidence agreement with the NDP.
Labour Minister Seamus O’Regan said Bill C-58, if it becomes law, will outlaw the use of replacement workers, often known as “scabs,” in federally regulated workplaces during a strike or lockout.
An exception would apply in situations where there are threats to health and safety, or threats of serious property and environmental damage that could not be managed by the employer’s existing workforce.
If a union believes the employer is using replacement workers in a way beyond the exception, it can file a complaint with the Canada Industrial Relations Board (CIRB), which would then investigate the issue.
“We’re banning the use of replacement workers because we believe in collective bargaining. Our economy depends on employers and workers negotiating an agreement at the table,” O’Regan said in a news release.
“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 legislation also proposes changes to improve the maintenance of activities process, Ottawa said.
It would require employers and unions to come to an agreement within 15 days of the start of the bargaining process to determine what work needs to continue during a strike or lockout, if any. If they can’t reach an agreement, the CIRB would decide what activities need to be maintained within 90 days.
The minister would continue to have the authority to refer questions to the CIRB to protect the health and safety of Canadians, Ottawa said.
Anti-scab legislation is a key component of the supply-and-confidence agreement between the minority Liberals and the NDP. The two parties struck the deal in 2022, which will see the NDP support the Liberals until 2025 based on the implementation of a negotiated list of policies and priorities.
The Liberals committed to limiting the use of replacement workers in their 2021 election platform, and that was repeated in O’Regan’s mandate letter.
Unions have been lobbying for the change for decades, and both the Bloc Quebecois and the NDP have introduced bills that would prevent the use of replacement workers in the past. They’ve all been defeated by Liberal and Conservative votes.
In addition to the federal public service, the proposed rules would apply to many federal Crown corporations as well as broadcasting and telecommunications companies, grain elevators, feed and seed mills, and transportation infrastructure including airlines, airports, ports, marine shipping, railways and road transportation services.
— with files from The Canadian Press
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