By: Maya Barillas Mohan, Staff Writer
Striking is an important part of negotiating fairer labour conditions. But for essential workers, striking is not an option as they provide a service that’s required by the public to keep those services accessible to the public. Canada’s labour code covers a wide range of areas including collective bargaining and some private workplaces that are federally regulated, like postal workers and flight attendants for airlines. Yet, recent consultations could reconfigure what an essential worker is thereby removing the right to strike for more workers. For others, the minister of labour can invoke section 107 of the code to end strikes, forcing people back to work. The right to strike is crucial for a democratic and just society.
The labour program underwent a month-long consultation starting April 17. These consultations were with labour unions, employers, First Nations, Inuit, and Métis governments, and others. This code affects people in a union working in federally regulated private-sector companies like airlines and crown corporations: as of 2024, this was 1,060,000 employees, according to the federal government. The goal was to “strengthen labour relations” to protect and support workers. However, many of the agenda items open for feedback like who is an essential worker and when can the government stop a strike, make me question this goal. Strikes are a key negotiation tactic for unions as they disrupt an employer’s ability to extract profit from their employees’ labour. If the government expands on who an essential worker is, especially around trade infrastructure like port and airline workers, then those people lose their right to strike. Governments should not be in the business of removing workers’ rights.
Section 107 of the Canada Labour Code is also up for review. This section has been used by the minister of labour to interject in labour disputes by directing the Canada Industrial Relations Board to order strikers to go back to work. Since 2024, the Liberal party has used it at least eight times. It’s undemocratic as it overrides the voice of union members; without the ability to withhold labour, the employer still sets all the terms. Last August, Air Canada employees went on strike to demand ground pay surrounding flights, and percentage increases in pay correlating to years of loyalty with the company. But less than 12 hours later, the minister used section 107 to try and force them back to work. The flight attendants defied it and secured an agreement a few days later. After this, the Canadian Union of Public Employees filed a court challenge about the constitutionality of the minister’s power, as they argued it violates their right to strike. Additionally, the New Democratic Party introduced a bill to remove the section from the labour code, which will be debated this fall. If successful, the government cannot force workers back to work and strikes will remain a powerful bargaining tool.
Students should care about changes to labour legislation. We all have the right to assemble, make decisions democratically, and collectively bargain to improve our working conditions. These changes could impact our friends, family, community members, and even ourselves so we should still advocate for fairness.
When the government changes who is an essential worker, preventing them from striking, whose rights are being protected?
When governments interfere in collective bargaining to force you back to work, then your right to strike is not real.
