Anti-scab legislation must pass without delay

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Striking workers carry flags and signs on a picket line.
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By Lana Payne

My hope for Canadian workers is that decades of struggle to advance workers’ rights in this country have reached a critical turning point.

The federal government-sponsored Bill C-58, a law that would ban the use of scab labour in strikes and lockouts, is an example of that hope. The decision of the new Manitoba government to introduce similar legislation is another.

We live in a time where hope must be turned into reality.

Today, employers brazenly continue to employ scabs, also known as replacement workers, during disputes in an attempt to bust unions and suppress workers’ expectations - even on the day this legislation was debated on the floor of Parliament.

CN Rail subsidiary Autoport in Nova Scotia is doing just that, thumbing their nose at Parliamentarians in the process.

Recently, Members of Parliament unanimously voted in favour of Bill C-58 at second reading. At the same time, Autoport and CN Rail bussed scabs across a legal picket line under the cover of darkness – aggressively undermining the fundamental right to strike of 240 Unifor members.

CN Rail has recorded profits totalling $6.6 billion last year, and $13 million in CEO compensation. The starting wages of a worker at Autoport is $22 an hour.

These workers now face disrespect and indignity as CN and Autoport use the courts and replacement workers to try to break the spirit and resolve of their own employees. The employer is showing that it would rather shamelessly union-bust than negotiate – proving exactly why we need anti-scab laws in every single jurisdiction in this country.

Employer organizations like the Canadian Chamber of Commerce and others are lobbying not just against C-58, but against the constitutional right to strike in Canada and all over the world. They would prefer to continue their sky-is-falling narrative rather than deal with the real story, which is that scab labour undermines the right to collective bargaining, a right that workers have fought for and won over and over again.

Since Federal Minister of Labour Seamus O’Regan introduced Bill C-58 in November, 2023, employers have seen an opportunity to argue why their ability to use replacement workers is a positive for Canada.

They claim that taking away worker strike power is necessary for harmonious labour relations, even though disputes involving scabs are six-times longer, create lasting conflict and toxic workplaces.

They claim the ability to hire scabs makes Canada more competitive, even though most democratic nations already have strict rules prohibiting scabs, as do Quebec and British Columbia.

Of course, the sky is not falling. In fact, this much-needed legislation will shorten strikes and encourage parties to reach deals at the bargaining table. Those are the facts.

Peaceful labour relations in Canada and indeed all over the world rely on the principles of free and fair collective bargaining. Principles that have improved living and working conditions for Canadian workers over many decades. The benefits of collective bargaining and unionization are well known and documented. Unions through collective bargaining lift workers up. It’s the most powerful tool working people have to improve their lives and working conditions.

As for the politics of Bill 58, it received unanimous, all-party support. That says a lot. It says a lot about the renewal of worker power in this country.

There is a political price to pay these days for politicians siding with rich and powerful corporations over hard-working union members. Even Pierre Poilievre, who has advocated for some of the worst  anti-union and antiworker laws, and his Conservative Party couldn’t say no to Bill C-58. (at least not at second reading!)

To be clear, our union will always call for expanded workers’ rights. We will continue to push for anti-scab legislation in all jurisdictions and to close loopholes that undermine our Constitutional right to strike. 

The alternative? A labour climate in Canada that is heavily conflict-driven, antagonized by employers. This doesn’t help anyone.  

We live in a time where hope must be turned into reality.

And let’s be real, voting for C-58 is the very least elected officials can do to support workers’ Constitutional rights. It must pass and be implemented without delay.

Photo credit: Graeme Brown, Local 100 member