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- To ensure that all workers in federally regulated sectors continue to benefit from a meaningful right to strike, the Government has committed to introduce legislation by the end of 2023 to prohibit the use of replacement workers when a union employer in a federally regulated industry has locked out employees or is in a strike.
www.canada.ca/en/employment-social-development/services/labour-relations/replacement-workers/discussion-paper.html
People also ask
Can a union use a replacement worker?
What happens if a union violates the replacement worker prohibition?
What does it mean if an employer uses a replacement worker?
Can employers use replacement workers during a strike?
What happens if a government prohibits employers from using replacement workers?
Does prohibiting replacement workers affect unionization?
Jun 21, 2024 · Banning employers from using replacement workers to do the work of unionized employees who are on strike or locked out. Exceptions would apply in situations where there are threats to the health and safety of the public or threats of serious damage to an employer’s property.
- Prohibiting replacement workers in federally regulated ...
Currently, Part I of the Code only prohibits employers from...
- Prohibiting replacement workers in federally regulated ...
Nov 9, 2023 · A violation of the replacement worker prohibition would be an unfair labour practice under Part I of the Code. If a union believed an employer was illegally using replacement workers, they would file a complaint with the Canada Industrial Relations Board (CIRB).
- Employment And Social Development Canada
- On this page
- Introduction
- Purpose
- Context
- Debate
- Annex A – Federally regulated private sector
- Annex B – Privacy notice statement for submissions
•Introduction
•Purpose
•Context
•Debate
•Annex A – Federally regulated private sector
•Annex B – Privacy notice statement for submissions
The Government of Canada knows that the ability to form a union, bargain collectively and strike are essential to a healthy workforce. These rights allow workers to act together and improve the power imbalance between individual workers and their employer. In 2015, the Supreme Court of Canada affirmed that the Canadian Charter of Rights and Freedoms includes the right to strike.
When unionized workers exercise their right to strike, they sacrifice their pay and benefits to try to improve their working conditions by putting pressure on their employer. However, the Government has heard that this right is undermined when an employer brings in replacement workers to keep the business going while workers are on strike or locked out.
The purpose of this discussion paper is to gather Canadians’ views on replacement workers in federally regulated industries. The feedback will be used to inform how the Government designs its policy related to replacement workers. This discussion paper:
1.gives important context on replacement workers in federally regulated sectors
2.outlines key discussion questions for stakeholder feedback
3.invites all interested stakeholders to write to the Labour Program to express their views on the discussion questions
4.supports virtual roundtable discussions with select stakeholders in November and December 2022
All interested Canadians and groups can provide comments on the discussion questions, or any other general comments they wish to make.
What is the law now?
Currently, Part I of the Code only prohibits employers from using replacement workers if they are using them to undermine a union’s ability to represent its members. Under this limited ban, a replacement worker is anyone who is assigned to do the work of an employee on strike or locked out, and is not in the bargaining unit that is on strike or locked out or is in the bargaining unit, but was hired after the union and employer started bargaining Any person or organization can complain to the Canadian Industrial Relations Board (CIRB) if they think that an employer is illegally using replacement workers. If the CIRB agrees, it can order the employer to stop using replacement workers for the rest of the strike or lockout, and make any other necessary orders. Question for discussion: What are your views on the current, limited ban on replacement workers under Part I of the Code?
Use of replacement workers in the federal jurisdiction
Employers in federally regulated sectors are unique and diverse. Some employers regularly use replacement workers when there is a strike or lockout, some cannot use replacement workers for practical reasons (for example, the employees on strike are too specialized to replace), and some can use replacement workers, but choose not to. From January 1, 2012 to August 1, 2022, the Labour Program estimates that employers used other workers and managers to do some or all of the work of striking or locked out employees in about 42% of all strikes and lockouts. Note that this does not mean that the employer continued operating at full capacity throughout the strike or lockout. It only means that, at one point in that strike or lockout, the employer had someone perform the work of an employee who was on strike or locked out. In the last 5 years, employers have used replacement workers in the air, rail and marine transportation sectors, as well as the telecommunications sector. Questions for discussion: Do you believe that the use of replacement workers is a problem in federally regulated sectors? What are the benefits of using replacement workers in federally regulated sectors? What are the downsides of using replacement workers in federally regulated sectors? How would a prohibition on replacement workers affect your sector?
Replacement workers in other jurisdictions
British Columbia and Quebec are the only 2 provinces that currently prohibit employers from using replacement workers during a strike or lockout. All other provinces in Canada do not prohibit employers from using replacement workers. British Columbia The British Columbia Labour Relations Code prohibits employers from using replacement workers, whether paid or not. In British Columbia, a replacement worker is anyone who is assigned to do the work of an employee who is on strike or locked out and who: is hired after the union and employer start bargaining is an employee or manager who normally works in a different work location is an employee who is transferred to the work location where the strike or lockout is happening after the union and employer start bargaining is provided by another person (for example, a contractor) The Labour Relations Code also allows any worker to refuse to do the work of someone who is on strike or locked out. It also bans the employer from disciplining them for that decision. British Columbia’s ban on replacement workers has 2 exceptions. First, it does not cover people who are members of the bargaining unit that is on strike or locked out. Second, it does not include people who work at the same location as the striking or locked out workers, as long as they were not transferred there after the union and employer started bargaining. If a person thinks an employer is illegally using replacement workers, they can make an unfair labour practice complaint to the British Columbia Labour Relations Board (BCLRB). The BCLRB can order the employer to stop using replacement workers. Quebec Quebec’s Code du travail has the most complete ban on replacement workers. Under this ban, a replacement worker is anyone who is assigned to do the work of an employee who is on strike or locked out and who: is hired after the union and employer start bargaining is an employee or manager who normally works in a different work location is an employee who normally works at the work location where the strike or lockout is occurring is a contractor or is provided by a contractor is an employee who is a member of the bargaining unit that is on strike or locked out Beyond this, Quebec’s legislation also bans employers from allowing bargaining unit members to do work in any other work location while the bargaining unit is on strike. There are 2 main exceptions to Quebec’s ban. First, it allows employers to use managers who work in the same work location to perform the work of employees who are on strike or lockout. Second, employers are allowed to use replacement workers during a strike or lockout if the purpose is to avoid the destruction or serious deterioration of the employer’s property. If a person thinks an employer is illegally using replacement workers, they can request that the Minister of Labour investigate. The Minister can issue a fine to the employer if the investigation determines that the employer illegally used replacement workers. Questions for discussion: Should people have the right to refuse to do the work of employees who are on strike or locked out, even if the ban on replacement workers does not apply to them? Should unionized employees be prohibited from working for the employer if their bargaining unit is on strike or locked out? There is no universal definition of a replacement worker. Which types of workers do you think a prohibition on replacement workers should apply to? What types of workers should be allowed to do the work of striking or locked out employees, if any? Do you think there should be any exceptions to a prohibition on replacement workers? Should an employer be allowed to use replacement workers in very specific situations (for example, to prevent destruction or damage to property)? What do you think is the most effective way to make sure that employers respect a ban on replacement workers? How should it be enforced?
Prohibiting replacement workers is a controversial topic. On one hand, unions and labour groups generally strongly support a prohibition. On the other, employers and pro-business groups generally strongly oppose one.
On one level, it is obvious what happens when an employer uses replacement workers. Replacement workers allow the employer to keep operating. This reduces the impact of the strike or lockout on the employer’s bottom line. However, it is not so obvious what happens when a Government prohibits employers from using replacement workers. Fortunately, several academics have studied this issue. Here is a summary of their findings:
The federally regulated private sector includes:
•air transportation, including airlines, airports, aerodromes and aircraft operations
•banks, including authorized foreign banks
•grain elevators, feed and seed mills, feed warehouses and grain-seed cleaning plants
•First Nations band councils (including certain community services on reserve)
•most federal Crown corporations, for example Canada Post Corporation
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Jan 4, 2024 · On November 9, 2023, the federal government introduced legislation which would ban the use of replacement workers in federally-regulated sectors during strikes and lockouts. This is the latest in a series of recent or anticipated changes to the Canada Labour Code, RSC 1985, c L-2 (the “Code”).
Nov 9, 2023 · The source said the legislation requires that all unionized federally regulated workplaces come up with agreements detailing when replacement workers can be used in the event of a strike or...
Nov 13, 2023 · The first makes it illegal for employers in federally regulated industries to bring in replacement workers to continue operations previously executed by unionized employees during a legal...
Nov 9, 2023 · Using replacement workers can undermine that right, labour leaders have said. The current Criminal Code only prohibits employers from using replacement workers if they’re being used to...
