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Ruling places essential services legislation on watch |
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Written by Trish Elliott
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Friday, 15 April 2011 |
A B.C. Supreme Court ruling sets a precedent for Saskatchewan’s essential services legislation to be declared unconstitutional, according to labour leaders in Regina and Ottawa. Premier Brad Wall must “pay attention” to the ruling, stated Larry Hubich, president of the Saskatchewan Federation of Labour.
“Yesterday (April 13), the courts once again ruled that the actions of the Campbell government violate Canada's constitution,” said Hubich. “I suggest to you, that Mr. Wall has been following disgraced past B.C. Premier Gordon Campbell's playbook chapter and verse.”
In a landmark decision, the court ruled against legislation that imposed
a single collective agreement on teachers and limited the range of
items teachers could include in contract negotiations. In the ruling,
Madam Justice Griffin declared that Bills 27 and 28 were a substantial
interference in bargaining rights and infringed on freedom of
association guaranteed under the Charter of Rights and Freedoms.
“While not a perfect tool, collective bargaining has long been seen as
the best vehicle for resolving differences between management and
labour,” stated Justice Griffin.
The case was first brought forward by the National Union of Provincial
Government Employees in a complaint to the International Labour
Organization in 2002. A third bill named at the time, Bill 29, effecting
health care workers, was subsequently declared unconstitutional by the
Supreme Court of Canada in 2007.
“We now have four years of consistent jurisprudence that recognizes the
constituional obligation of governments to respect the collective
bargaining process and refrain from enacting legislation that strips
away the Charter rights of their employees,” said NUPGE president James
Clancy.
The decisions cast doubt on the future of two pieces of Saskatchewan
legislation that have already received strong international criticism.
In March 2010, the ILO rebuked the Saskatchewan government for Bill 5,
which can be used to deny almost all public servants the right to
strike, and Bill 6, which places restrictions on union organizing. At
the time, the UN body instructed Premier Brad Wall to amend the bills
through consultation with workers’ representatives.
In response, Labour Minister Rob Norris publicly dismissed the
directive, saying the ILO’s analysis was incomplete and not the
organization’s best work.
Related:
Hey, Mr. Wall, pay attention – Larry Hubich’s blog
http://larryhubich.blogspot.com/2011/04/hey-mr-wall-pay-attention.html
ILO blasts anti-labour laws (March 2010)
http://www.nupge.ca/content/ilo-blasts-anti-labour-laws-adopted-saskatchewan
Saskatchewan
Party government flouts ILO (March 2010)
http://www.nupge.ca/content/saskatchewan-party-government-flouts-ilo
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Movement for May Day
Written by cbanks on 2011-04-15 09:17:43
The Praiire Lily Feminist Society invites you to a march and demonstration on Sunday, May 1st in Regina.
A family-friendly event with dinobouncers and kids activities, food, entertainment and a special performance by the Local Onlyz.
Celebrate our working class history. Join together to send a message that the people of Saskatchewan want a government who promotes free collective bargaining, strong public services and human rights!
Visit on facebook at Movement for May Day for details. You can reserve seats on buses from Swift Current, Moose Jaw, Saskatoon and Prince Albert/Melfort.
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