Ottawa is steadily expanding its grip over transportation workers’ rights.
The Senate Committee on Transport and Communications has released a report calling on parliament to limit the ability of workers in two transportation sectors to strike.
While the report focuses on railway and maritime sectors, aviation workers could be impacted by any legislative changes that might result from the committee's recommendations. Stronger tools to limit or channel strikes in federally regulated transport and clearer rules for federal intervention—could become a policy template for tightening labour-disruption rules.
The "Keep Canada Moving" report recommends amending the Canada Labour Code to "establish an alternative dispute resolution process for the marine and rail sectors," in situations where "work stoppage could adversely affect the national interest."
The report recommends that Section 107 of the Canada Labour Code be changed to dictate mediator involvement at early stages of contract negotiations, and would give cabinet the power to order binding arbitration before a strike vote is called.
Current legislation only allows ministerial intervention, such as a back-to-work order, once strike action is underway.
This report comes on the heels of another federal initiative outlined in a discussion paper recommending changes to the labour code that would give Ottawa the power to end strikes and lockouts by designating more workers, including pilots, flight attendants and ground crew, as “essential.” The designation would allow the feds to prevent them from taking legal strike action during labour negotiations.
While the Senate report's main focus is creating a so-called Supply Chain Reliability Act, targeting Canadian ports and rail companies, any changes to the Canada Labour Code would also affect airline workers, including pilots and flight crew. All federally regulated workers are governed by the code, making up approximately 7% of the country’s labour force.
UNIFOR's national president, Lana Payne, condemned the proposals in a statement to The Globe and Mail. She said the report's conclusions were “shocking, radical and only add confusion to the already rushed consultations to amend the federal labour code.”
She went on to say “the union fully rejects the framing of so-called ‘national interest’ as a valid reason to essentially deny swaths of Canadians their right to bargain collectively.”
The proposals have also been criticized by the Canadian Labour Congress, which said the recommendations could weaken any bargaining powers that workers have.
Jennifer Kozelj, spokesperson for Patty Hajdu, Minister of Jobs and Families, told The Globe and Mail the report will be reviewed by Ottawa before next steps are decided.
“The Government has been clear that we will always protect the rights of Canadian workers, including the right to strike,” she said.
