strike

Untying the Knots of Labour Disputes

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At the beginning of June 2020, the ongoing labour dispute between Saskatchewan’s Co-op Refinery Complex (CRC) and the union represented by Unifor 594 seemed destined to remain unresolved. The employer locked out the members of the bargaining unit on December 5, 2019, after the union voted to go on strike. The next six months resulted in a work shutdown, along with escalating and increasingly hostile labour relations tactics enacted by both sides as noted in this news article, posted on June 1, 2020. Almost three weeks after that, the stalemate appeared to be over with the announcement of a tentative deal being reached between the parties. How is it that this kind of resolution is possible in the midst of what seems to be an entrenched and especially hostile labour relations dispute?

The mechanism for resolution may be attributed to the use of government-appointed mediators, as mentioned in both the aforementioned news article and in this CBC news clip. While the mentions are brief, the impact of mediation in the form of neutral third-party intervention is profound. When parties are stuck in a labour dispute, they are tied up in a series of ‘nots,’ both figuratively and literally. They are not moving, not resolving, and not able to speak with each other in any way that is resolution focused. The longer the dispute continues, the more rigid both parties become as they tighten their hold on their respective immovable positions.

It is the role of the mediator to try to assist the parties in finding a way to become unstuck and loosen their hold on their respective ‘nots.’ The mediator, as a third-party neutral, often assists by creating an objective opening that enables the parties who are stuck to let go and try to approach some form of agreement. During the process of mediation, the disputing parties are still doing the work to reach a deal. The mediator simply assists the process in several ways. They may shepherd messages from room to room. They may caucus with party representatives to ensure that messages are delivered, heard, and listened to, without escalation and devolving into personal attacks. When emotions do run high, a successful mediator will know how to de-escalate and allow emotions to be expressed without inflicting residual harm onto the whole process.

While mediators are appointed by the applicable government as conflict resolution resources, they are perceived by both sides (labour and management) as being neutral. This YouTube clip, prepared by UFCW Local 401, provides a brief overview of the role and benefits of mediation approaches during the collective bargaining process.

Coming out of this particular labour dispute between the CRC and Unifor 594 will not be easy. The parties still have to ratify and accept the tentative agreement. Once that is completed, the next steps will require both workers and management to release themselves from several negative ‘nots.’ All parties will have to adjust from not being at work to being at work; from not trusting each other to trusting each other again; from not staying entrenched in past bitterness to being open to honest dialogue focused on resolutions for the future. Most importantly, the relationships that have been frayed through hostile actions against one another will need to be repaired with time and patience.

Discussion Questions:

  1. If you were the mediator for the CRC and Unifor 594 labour dispute, how would you approach each party to look for possible solutions?
  2. Each province has designated and mandatory approaches for dispute resolution steps during the collective bargaining process. Based on information you can gather from government websites, outline the steps to be followed in your province.
  3. Do you agree or disagree that mediation should be a mandatory step for any parties locked in a labour dispute? Explain your rationale.

Strike Processes in Play

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Gustavo Frazao/Shutterstock

If you live in Ontario, you may be aware of the current escalating labour dispute between the provincial government and three of the unions (ETFO, OSSTF, and OECTA) representing English elementary and secondary school teachers in the province. As of January 2020, it appears that negotiations at the bargaining table have stalled, the teacher unions have implemented a series of rotating strikes across the province, and the government has not offered any public statements about a possible resolution to this dispute being in sight.

What is common to all of the parties, at this point in time, is that they seem to be caught in a classically entrenched, positional struggle. This means that nobody is willing to make the first move out of their position, or stance, to get back to the bargaining table to negotiate a resolution. Instead of being focused on negotiations with each other, the parties are focusing on the process of escalation, in order to find leverage to use as a pressure tactic against one another.

From a labour relations process, this dispute is unfolding as it should be. How it may end, is explored by Global News in this recent video post and written analysis.

As noted by Global News, there are options which all of the involved parties—unions and government—need to consider as they try to find their way out of the current conflict.

Which option the parties choose to take will be determined by their need to either maintain a positional stance and keep the escalation of pressure mounting, or they may find a need to relieve that pressure and make a move out of position, back to the bargaining table to re-start negotiated discussions. Either approach will provide a resolution.

Continued escalation may result in prolonged strikes, back-to-work legislation, and/or an arbitrated decision that forces a resolution onto all of the parties. A negotiated settlement, however, means that the parties themselves must come up with solutions that they can all agree upon, and live with for the duration of a renewed collective agreement. In both approaches, the end result will be a resolution of the dispute.

The degree to which the parties will be satisfied with the results, and the means of resolution used to get there, will be entirely up to them, and the constituents that they serve.

Discussion Questions:

  1. If you were representing the government, would you prefer to have a negotiated settlement, or a settlement achieved through an arbitrated decision? Explain your rationale.
  2. What is the leverage that unions hope to achieve through the escalation of strike action?
  3. According to the article and video, what are the issues for each of the parties involved in this dispute?
  4. How would you propose to resolve this dispute? Explain your rationale.

The General Labour Strike Lives On

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During a recent lecture, a student asked, “Come on, why do we have to learn about the 1919 Winnipeg General Strike? That was over 100 years ago. There was no income tax and only a few people even had indoor plumbing.”

Society, politics, and the economy have changed drastically in 100 years, but the tools for managing the relationship between capital and labour have not.

The withdrawal of labour, more commonly known as the “strike,” is still the only tool workers have to assert collective power to counterbalance the power of the employer. It may not be as accepted today as it once was, but it is still as effective. Let’s review some of the recent world news headlines:

The strike is becoming the most utilized tool in the union movement arsenal globally as well, which is demonstrated by what is happening in France. The largest general labour strike in decades for France is currently taking place, and have spurred on the following events:

  • Over 800,000 workers followed their union leaders and went out on strike.
  • Schools were shut down.
  • France’s main energy utility had to cut their power generation by 10%.
  • Transit systems had to be severely restricted.

The general labour strike is the largest tool unions have to demonstrate their collective voice. It was used 100 years ago, it is being used now, and it will probably continue to be used in another 100 years if history repeats itself, as it usually does.

This is why knowing about the 1919 Winnipeg General Strike is still relevant, and important to understand labour relations in today’s context.

Discussion Question:

Research the reasons behind the Ontario teachers’ job actions, and France’s general labour strike. Create an executive summary of the causes of the job actions, outlining the similarities and differences between the two labour disputes.

Unlawful Strikes

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As Canadians, we have a reputation for being a polite, respectful, and peaceful society.

Most of the time, we are known for upholding the rule of law. We function, generally, within reasonably acceptable parameters which include compliance with civil legislation. This includes the need to follow the statutory regime that upholds and frames the rights provided under specific labour relations legislation. Even if there are public displays of labour-related problems or conflicts, these are typically narrow in focus and usually driven by legitimate and acceptable labour practices.

It is unusual, therefore, to read and hear about the recent unlawful actions taken by Unifor against General Motors in Canada. Last year, General Motors announced that it would be closing its Oshawa plant, which will result in a massive loss of jobs for its unionized workforce. In response to this devastating announcement, Unifor has implemented a series of strike-related actions which are prohibited because an existing collective agreement is in place.

When two parties (the employer and the union) negotiate and agree to the terms of a collective agreement, this includes language within the agreement that states there will be no strike or lockout for the duration of the contract.  When there is a violation of the contract by one of the parties, the remedy is to file a grievance in order to restore the terms of the collective agreement.  If the parties are unable to do this on their own, the alleged violation goes to the applicable labour relations board for third-party resolution.

In the case of Unifor and General Motors, it appears that the union purposefully entered into a series of actions which, from an outsider’s perspective, ought reasonably to be known as violating the collective agreement.

Click here to read about the illegal strike action taking place at General Motors.

It is no surprise, then, to read that the Ontario Labour Relations Board issued a ruling that declared the activities by Unifor as illegal and required the union (Unifor) to cease and desist in the promotion of illegal strike action.

Click here to read about the ruling issued by the Ontario Labour Relations Board (OLRB).

Click here to read the decision.

Why would Unifor proceed in the manner that it did? Unifor is a significant and sophisticated entity that represents thousands of workers across the country. The decision to enter into illegal strike action is not one that any union would enter into lightly or on a whim. The leadership at Unifor would know that the outcome of such action would result, as it did, in the decision of the OLRB to go against them.

One of the statements in the article refers to the union’s perception that the employer (General Motors) had violated the collective agreement in the first place by issuing the notice of plant closure. This gives the impression of tit-for-tat negotiating strategy that belies the seriousness of the actions taken on the part of the union.

Perhaps this case shows us that, even though we are law-abiding Canadians, sometimes we do need to take a stand in order to take action against decisions that affect the well-being of us all.

Discussion Questions:

  1. Why do you think Unifor made the decision to proceed with an unlawful strike?
  2. If you were representing the workers at General Motors, would you encourage unlawful strike action in this case? Explain your rationale.
  3. What impact does the decision from the OLRB have on continuing labour relations at General Motors?

Labour dispute kept CNE customers away

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The Canadian National Exhibition was marred by a labour dispute this year.

This year’s edition of the annual end-of-summer celebration saw the International Alliance of Theatrical Stage Employees (IATSE) union members walk the picket line at the front gates of the CNE.

Strikes are always disruptive and potentially costly events. It was predicted that the CNE may have lost up to $1.5 million in tickets sales as many regular customers didn’t want to cross the picket line.

Now here is the very interesting part about the strike. It directly affected the CNE, but the striking workers are not CNE employees. The IATSE union members work for Exhibition Place, the location where the CNE is held.  The IATSE members are concerned that their jobs are being contracted out to private companies and their union members are going to lose their jobs. The CNE is not a party to the labour dispute, yet they were caught in the middle of it.

This particular strike makes the HR person reflect and think about how important it is to understand the labour laws where your company works.  Your organization may not be unionized, but union disputes may have an impact on your business.

Discussion questions:

In these articles it is suggested that the CNE hired outside workers to come into the CNE and set up the stages. Review your provincial Labour Relations Act and determine if it is legal for an employer whose workers are on strike to hire replacement workers.

  • Why is the issue of contracting out work such a contentious issue in most labour relation negotiations?
  • In this case, did the CNE have any legal right to prevent the IATSE union members from picketing the CNE?