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Bill to ban replacement workers defeated

Jason Unrau
Northern News Services
Wednesday, April 4, 2007

YELLOWKNIFE - The defeat of a bill making it illegal for employers to use replacement workers during a strike has received applause from industry and complaints from labour unions.

NNSL Photo/Graphic

Mike Vaydik, general manager for NWT Chamber of Mines

The legislation, a private member's bill brought forward by a member of the Bloc Quebecois, was defeated 177-122 during third reading in the House of Commons March 21.

"(Bill C-257) would have brought in a fair balance between the rights of workers and their bosses during lock-outs and strikes," said Jean-Francois Des Lauriers, regional executive director for the Public Service Alliance of Canada.

However, Mike Vaydik, general manager for NWT Chamber of Mines, disagrees. On top of "tipping the balance in favour of labour" nationwide, Vaydik said such a bill would have had even deeper ramifications for the North and he made this case on behalf of the chamber in front of the Standing Committee on Human Resources in Ottawa.

"Given the tenuous nature of our winter road system, a labour disruption at that critical period could have a terrific negative effect on our economy," he told Yellowknifer.

"And when you think of our short barge season, short winter road season, these were our reasons we asked the bill be turned down."

Despite concern from the territory's mining industry, Western Arctic MP Dennis Bevington voted in favour of the bill and evoked last year's Ekati mine strike in his comments following C-257's defeat.

"Northerners are well aware of the dangers of hiring replacement workers during labour disputes," said Bevington.

During the 11-week strike by Union of Northern Workers-represented mine employees, the union accused BHP Billiton, the mine's owner, of using replacement workers.

The mine denied this and said that more than 40 per cent of its 375 unionized employees had crossed the picket line.

Much of the debate over Bill C-257 revolved around its definition of "replacement worker" that included both contracted labour and union members who opted to work in spite of strike action against their employers.

On this issue, the bill's detractors argued criminalizing the act of a union member choosing to cross their picket line to work was tantamount to violating their charter rights. But Des Lauriers viewed the matter from the perspective of union solidarity.

"Everyone (in our union) is entitled to vote during a strike vote, whether they signed a card or not and PSAC is very concerned about giving everyone a vote (but) when the vote is in favour of striking we make it very clear we expect actions be consistent with the mandate that the union was provided," said Des Lauriers. "If you cross the line, it's disloyal really and should be against the law."