Carney’s Bill C-39 ‘blatant attack’ on workers, says PSAC North

Prime Minister Mark Carney’s proposed changes to Canadian labour law are drawing the ire of northern workers.

Bill C-39 – also called the Building Canada Strong Act – includes a suite of changes to the Canada Labour Code. One clause specifies that the labour minister can end a strike if it may “adversely affect the national interest.” 

The legislation could impact more than 14,000 PSAC members working under the Canadian Labour Code, including more than 80 bargaining units across the Northwest Territories, Yukon and Nunavut, according to Josée-Anne Spirito, regional executive vice-president for PSAC North.

“PSAC North members know that such a blatant attack on workers cannot stand,” Spirito told Cabin Radio in an emailed statement. 

“We are demanding that Mark Carney keep his hands off our bargaining rights, and we will continue to fight on behalf of all workers in the North and across the country.”

PSAC North said the changes will affect members who work under the Canadian Labour Code such as municipal workers, housing authority workers, Avens, Hay River Health and Social Services Authority, mine workers, and many more. 

PSAC North has about 30 bargaining units in the NWT. While the largest unit features GNWT workers, who will not be impacted by the federal legislation, Spirito stressed that “smaller units are often the ones that are the most impacted by these cost of living increases.”

Unionized GNWT and NWT Power Corporation workers aren’t impacted because they are both under the NWT Public Service Act, Spirito explained. 

‘We took real care’

While the Canadian Labour Congress called the bill “an attack on workers’ rights,” the federal government says its proposed changes aim to strengthen collective bargaining and prevent disputes.

Ministers spent much of the week defending the proposals in the face of criticism from unions and labour groups. 

“We took real care to respect the constitutional right to strike,” federal house leader and transport minister Steven MacKinnon said on September 24. 

“We took real care to put all of the emphasis in the bill on helping parties resolve conflicts, particularly where there are chronically bad labour relations,” MacKinnon continued, adding he was “mystified as to where some of these objections come from.”

There will be a chance to explore concerns during the legislative process, MacKinnon said. 

The federal government describes the changes as putting “guardrails” on the minister’s ability to end a strike, but labour groups wanted that section repealed entirely, or at least restricted.

The bill would require a special mediator to make a report before the minister can intervene in a strike. It would also require the federal government to decide if the strike is interfering with the national interest by looking at factors like national economic disruption.

Spirito believes the changes would make it easier for the minister to end a lawful strike and normalize an already heavily-criticized mechanism. 

If an employer knows a strike can be stopped in the national interest before it even starts, they have zero incentive to negotiate fairly, Spirito said in the statement.

“Put another way,” she asked, “what’s the point of having the right to strike if you can’t use it?”

Bargaining in the North is already difficult for multiple reasons, Spirito said. 

“We are in small, isolated communities. We often have employers and sometimes union representatives that are not from the North who come and negotiate a collective agreement in a community where they are not necessarily familiar on how we live … our lifestyle. And that creates a challenge in its own.”

Other parts of the legislation have won some praise from unions.

The Canadian Labour Congress praised the inclusion of protections against contract flipping and wage theft, alongside increased resources for the Canada Industrial Relations Board and health and safety enforcement. 

Spirito said another positive change would be first contract arbitration, to help prevent employers from frustrating a newly certified union by dragging out initial contract negotiations. This could be particularly helpful for smaller bargaining units, she said.

As PSAC North continues to assess the legislation, Spirito said the union will encourage members to speak to their MP about their concerns.