Bill C-39 explicitly gives the Minister of Labour the unfettered power to end a legal strike and impose a binding dispute resolution.

MPs should protect the right to strike.

WHAT’S AT STAKE:

Under C-39, Once a legal strike or lockout has begun, the new language in Labour Code would allow the Minister of Labour to direct the Canada Industrial Relations Board to end a legal strike.

Before exercising that power, the Minister must “consider” a report from a special mediator and form the “opinion” that the dispute adversely affects or may adversely affect the national interest.

National Interest is defined as whatever the Minister considers it to be in their “opinion”, including but not limited to impact on the economy.

There is no limit to the Minister’s powers. There is no “guardrail”. The final decision belongs to the Minister and it is purely left to the Minister’s opinion.

The constitutional right of workers to strike could be stripped with a simple email from the Minister of Labour. And there would not even be a vote in Parliament.

“A right you can never exercise is not a right.” Longshore worker

THIS IS NOT JUST ABOUT WHAT HAPPENS DURING A STRIKE

The power to end a strike can affect bargaining before a strike ever happens.

If an employer believes government would ultimately intervene and impose arbitration, the employer has no reason to make the compromises necessary to reach a negotiated settlement.

That tips the balance at the bargaining table.

WHAT WORKERS ARE ASKING

Remove Section 107 as a mechanism for terminating lawful strikes.