What Tony Clement Won't Tell You: C-4 Contravenes Canada´s International Obligations :: Association of Justice Counsel News
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November 13th, 2013
November 13th, 2013
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What Tony Clement Won't Tell You: C-4 Contravenes Canada´s International Obligations

Today, the AJC publishes another 'vignette' capturing some of those surprises we found in C-4.

Wonder how the government´s omnibus budget Bill C-4 will really affect federal employees?
After a careful review of Bill C-4, the omnibus Budget Implementation Bill, the Association of Justice Counsel (AJC) discovered many surprises that jump off the page.

Today, the AJC publishes another 'vignette' capturing some of those surprises we found (or, if you will, traps set up by the Harper Government to weaken federal workers and gut public sector unions).

C-4 Contravenes Canada´s International Obligations

The International Labour Organization´s Declaration on Fundamental Principles and Rights at Work has long recognized the importance of governments´ role in providing for an enabling and conducive environment in labour relations.  As the organisation clearly states in its fundamental principles, “[a] legislative framework providing the necessary protections and guarantees, institutions to facilitate collective bargaining and address possible conflicts, efficient labour administrations and, very importantly, strong and effective workers´ and employers´ organizations, are the main elements of such an environment.”  

Unfortunately, Bill C-4 contravenes several of our international obligations by severely curtailing the public service´s right to collectively bargain.

Under the current legislative scheme, the designation of essential services is based on consultations carried out in a climate of collaboration where the main goal of both the Unions and the Employer is to ensure the delivery of essential services necessary to maintain the safety and security of the public. According to section 122 of the PSLRA, “ [...] the employer and the bargaining agent must make every reasonable effort to enter into an essential services agreement[...]” In the unlikely event that both parties were to disagree, the Public Service Labour Relations Board would be called upon to act as an independent third party and arbitrate the dispute.  If this Bill becomes law, the government will have the exclusive right to determine whether any service, facility or activity of the Government of Canada is considered an essential service at any time with little to no constraint.  By doing so, the employer effectively gains the power to debilitate any bargaining unit, limit the impact of a possible strike and thus restrain the unions and their members´ right to collectively select how to bargain.  


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If you're an AJC member who opposes these attacks on democratic rights contained in Bill C-4, please forward this letter to your local MP and please cc: admin@ajc-ajj.com

And if you're a concerned Canadian who believes in protecting your rights (once they are done with the employees of the public sector, you, as a private sector employee, will be the next target), you can also forward this letter to your local MP.

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