SNAKE BIT

Unions unite to fight government betrayal on workers’ rights

jason

JASON MacLEAN SAID IT AND HE MEANT IT. “These are the actions of a snake and a total failure in leadership.” He was talking about the premier of Nova Scotia.

The president of the Nova Scotia Government and General Employees Union (NSGEU) used the words in late August 2017 to call out Nova Scotia premier Stephen McNeil for his decision to enforce Bill 148. It was a complete betrayal of what the premier had promised the union.

The government passed the bill in late 2015. It either undercuts or ignores many basic union rights. The union demanded deep changes. The premier promised to work with the union to sort out their differences before he made the law official. He didn’t.

Government officials strung the union along for months in woulda, coudla, shoulda talks about the bill. Then, on August 22 McNeil made Bill 148 law. He didn’t change a thing.

Basic union rights ignored

Bill 148 denies two of the bedrock principles of labour rights:

  • it limits collective bargaining by imposing a wage settlement of no more than three percent over four years and
  • it violates the security of a signed collective agreement by arbitrarily reaching into the contract to claw back and eliminate a retirement allowance rewarding workers for long service.

The law will affect nearly 75,000 public sector workers, both union and non-union.

Government path unconstitutional and costly

The unions plan to got to court to block the bill. They will probably win.

Our Supreme Court has struck down government attempts to impose similar bills in other provinces as a clear violation of Charter Rights guaranteeing free collective bargaining. Most recently the court ruled against a BC law that targeted teachers. The Supreme Court ruled the law was illegal and ordered the province to pay teachers hundreds of millions of dollars in lost pay.

So, a law presented by government as a way to save taxpayers money winds up costing them a lot more.

Nova Scotia unions have warned McNeil not to lead the province down a similar losing and costly path. He refused to listen. Instead he tried to use a trick to assure the public his law was constitutional. But the unions caught him.

McNeil tries to tilt review his way

On August 22, McNeil referred the wage package portion of Bill 148—and only the wage package portion—to the Nova Scotia Court of Appeal for review, to assure the public what he wanted did not violate fundamental labour rights. His hope was to avoid scrutiny of the whole bill—all of which the unions planned to challenge.

In fact, McNeil tried to freeze the unions out completely: he did not add the unions as parties to the proceeding, even though the workers they represent are the ones most directly affected by Bill 148. The unions fought back.

NSGEU, was joined by the nurses and teachers unions, as well as CUPE, SEIU, and UNIFOR in a joint application to the court to be allowed to present their case against the bill as part of the Nova Scotia Court of Appeal review.

“The unions believe that these provisions are a breach of the constitution. The only way they can make that argument in the court of appeal is to be there,” said Gail Gatchalian, a lawyer representing the unions.

If the request for party status is turned down, she said the unions can apply to be added as interveners.

demo
Rally outside the NS legislature to protest Bill 148

The beat goes on

Should the review by the the Nova Scotia Court of Appeal favour the government the unions will challenge Bill 148 in the Supreme Court of Canada—a process that can take years to play out.

Meanwhile, the unions continue to press the McNeil government in court and in the street to think again and revise or rescind his anti-worker bill. They rallied outside the September 21 opening of the  provincial legislature to remind McNeil of the fight he faces. Their chants drowned out the proceedings inside.

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