January 7, 2011 - Government of Newfoundland and Labrador

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Protecting the Labour Rights of Newfoundlanders and Labradorians in a Globalized World ProvincialFactors–AReminder:LabourRightsareHuman Rights Protecting rights while fixing the inherent imbalance in power – labour laws for the times For the past two decades, Canadians, including Newfoundlanders and Labradorians, have seen a serious erosion of our fundamental labour rights – the right to a union (freedom of association), the right to free collective bargaining and the right to strike. In that period, governments in Canada have passed nearly 190 pieces of restrictive and regressive labour legislation 11 . These changes in labour laws have made it more difficult for workers to organize and tougher for unions to make progress in collective bargaining. Newfoundland and Labrador governments have passed their share of regressive and anti-union labour legislation, including the changes to the province’s union certification rules under Premier Clyde Wells. These changes came out of the Industrial Inquiry called to investigate the situation at the fish plant in Curling Newfoundland, owned by Barry’s Ltd. Recommendations in a majority report of that Commission of Inquiry resulted in government action to change the province’s Labour Relations Act with respect to union certification. In 1994, the right of automatic union certification when a clear majority of workers agreed to join a union by signing a card was lost. In effect Newfoundlanders and Labradorians who now wish to exercise their constitutional right to join a union must not just sign a union card as an expression of their wishes, they must also participate in a second vote (secret-ballot vote), held by the Labour Relations Board. In addition 70% of those in the bargaining unit must take part in the secret ballot vote or those who do not participate are counted as no votes for the union. Imagine if such a test had to be met in general elections!!! 11 www.labourrights.ca Newfoundland and Labrador Federation of Labour Page 33
Protecting the Labour Rights of Newfoundlanders and Labradorians in a Globalized World While the Labour Relations Board could order a certification vote previous to this change in legislation even if the union had a clear majority of 50% +1 of the workers in a particular workplace “signed up”, many certifications were successful without boardordered votes based on union card evidence. The erosion of this right to join a union has resulted in fewer certifications in the province. In addition, there is little doubt that the requirement of a vote has allowed for considerable employer interference in the certification process. And this often results in many labour-management relationships getting off to a very bad start. Our Federation contends that this was exactly the case in Voisey’s Bay. Ironically, when we elect governments we only have to vote once. A single vote in an election and our choice is made. But when it comes to exercising the right to have union representation in your workplace, workers in our province are required to vote twice before their views are accepted, once when they sign a union card and again in a representation vote. Indeed, this is considerably more onerous and stringent than voting in current municipal elections. In the past two elections, citizens of St. John’s have been able to elect their municipal government through a mail-in ballot – not unlike the requirement to sign a union card except in the case of a union card it requires the signature of the new member and the signature of a witness. No such requirement is needed in the mail-in ballot used to determine the election of our municipal government or even in general elections when voters participate in mail-in ballots. Instead the success of such voting systems is largely left up to the honour system. Representation votes are now required in about half the jurisdictions across the country. The other jurisdictions, including federally, recognize the signing of cards as a legitimate vote for a union. The labour movement believes having to declare your choice twice is really about giving employers the opportunity to change workers’ minds. This is often achieved through threats and intimidation. Newfoundland and Labrador Federation of Labour Page 34
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January 7, 2011 - Government of Newfoundland and Labrador

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