‘Stay the hell out of bargaining’: Unions blast Bill C-39’s labour provisions during committee testimony

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During her testimony on Monday, Hajdu said that a report issued publicly by the special mediator will have a shaming effect on employers, should the report show they are acting in bad faith. She also argued Bill C-39 protects the right to strike even “more vigorously” with those guardrails in place.

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“So not only will the minister have that special mediators report, but all of Canada will know exactly what’s happening at that table,” she said. “That will be very illuminating for union members, for employee groups, employer groups, for customers, for shareholders.”

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David Chartrand, Canadian general vice-president of the International Association of Machinists and Aerospace Workers, said Hajdu can consider the report, but she is not bound by it.

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“It’s economic harm that is one of the factors to be weighed, even though economic pressure is the very purpose of a strike, that is far too much power to place in the hands of one individual,” he added.

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Perry said the national interest provision is far too broad and does not think the guardrails are sufficient.

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Bea Bruske, president of the Canadian Labour Congress, agreed with Perry that this will lead to bad outcomes in collective bargaining.

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“I don’t believe for a minute that this legislation will improve the collective bargaining process,” she said. “I think this will improve employers to hold out and not to get to a deal.”

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Hancock said the purpose of Bill C-39 is not to provide guardrails for the minister, but to protect the federal government from legal challenges.

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“I think one of the things this government’s attempting to do is to to shelter themselves from court challenges, and I think they’ve done a decent job of that, but at no point will we, as the union, give up our right to strike, and no guardrails are going to take away our right to strike,” said Hancock.

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The bill passed the House of Commons, with the help from the Conservative Party. However, Conservative Leader Pierre Poilievre has said his party plans to bring amendments to “protect the rights of workers.”

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Notably, the Liberal government has not yet released a Charter statement on Bill C-39’s potential effects.

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The legislative committee has given itself until Nov. 16 to hear from expert witnesses, before they begin clause-by-clause consideration of the bill.

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Some experts during testimony in front of the Senate committee warned a bill of this magnitude warrants further study.

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“The time frame for this review is really completely unrealistic and unfeasible,” said Arlene Kwasniak, University of Calgary professor, to senators on Monday. “I recommend that either you somehow make longer time frames or just reject the bill in its entirety and start over.”

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National Post

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