Right to Strike puts conservatives on notice

"Saskatchewan's Labour Movement: the folks who brought you the constitutional right to strike!” said Saskatchewan Federation of Labour (SFL) president, Larry Hubich, as the Supreme Court of Canada (SCC) sided with working families on January 30, 2015.

The SCC ruled, in no uncertain terms, that the SFL was right – the Saskatchewan Party government’s Public Services Essential Services Act (Bill 5) was heavy-handed, unworkable, and violated a Charter-protected right to strike.

“The decision by the Supreme Court to grant every worker in Canada a constitutional right to strike is a profound victory for our movement,” said Hubich, “the Court also delivered a strong message to conservative governments everywhere: your rigid ideology does not trump workers’ rights,” he added.

The Public Services Essential Services Act (Bill 5) was introduced by the newly-elected Saskatchewan Party government in 2007. As soon as it was introduced, workers, their unions, lawyers, and academics all said the Bill was overreaching, unnecessary, and probably illegal. The Saskatchewan Party, though, continued to only listen to their corporate friends instead of Saskatchewan families. As a result, a long Charter Challenge was launched by the SFL and its affiliates against Bill 5 to protect working families.

Despite the long and expensive court process, workers and their unions were gracious in their victory – extending an invitation to the Saskatchewan Party government to work together.

“We know that a work stoppage is always the last resort, and unions always prefer a negotiated agreement that is good for both sides,” said Hubich, “our victory does not change any of that, and we want to work with the provincial government to develop labour laws that are fair, balanced, and respect the rights of workers,” he added.

However, just a few days after the SCC ruling, Brad Wall floated the option of using the notwithstanding clause so that he and his government could continue violating Charter rights.

“This is a time for reconciliation and leadership, not a time for the premier to stomp his feet and threaten to deny Saskatchewan families their Charter rights,” said Hubich, “workers and their unions continue to offer our cooperation to create good public policy, and we hope the premier will come to the table in good faith,” he added.

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Bill 5 & 6 Charter Challenge Heads to the Supreme Court of Canada

A panel of three Supreme Court Justices has decided that the Supreme Court of Canada will hear the SFL et al case against the Government of Saskatchewan’s Bills 5 and 6 – so-called “essential services” legislation and amendments to Saskatchewan’s Trade Union Act. On May 16th in Ottawa, the Federation, along with the plaintiff group and intervenors, will present the case for the highest court in the land.

Though no organization ever wants to be in the position of taking its own government to court, Bills 5 and 6 represent significant infringements upon the fundamental rights of Saskatchewan working people. On behalf of the people of the province, and on behalf of the generations of people that struggled for the rights we enjoy today, it is our responsibility to challenge laws that appear to be unconstitutional, particularly when they concern people’s basic rights at work.

In 2010, the United Nation’s International Labour Organization (ILO) found that Bills 5 and 6 violate Canada’s international law commitments.

In April 2013, the Saskatchewan Court of Appeal released a much-anticipated decision recognizing that Canadian law has evolved to a point where a right to strike may be protected by the Constitution. At numerous points, the Court of Appeal notes that, though it could not overturn previous Supreme Court decisions respecting a right to strike, striking could very well be a fundamental right protected by the freedom of association.

Before the Supreme Court of Canada, the SFL et al will be making the case that Saskatchewan people, and all Canadians, enjoy a right to strike that is constitutionally protected. We are also asking for a declaration that the 2008 changes to the Saskatchewan Trade Union Act substantially interfere with workers’ right to form unions of their own choosing, for the purpose of bargaining collectively with their employers.

In only a matter of weeks, working people in the province and across the nation will finally have an answer to questions raised in the Fall of 2007.

Supreme Court of Canada Agrees to Hear Charter Challenge of Bills 5 & 6

A panel of three Supreme Court Justices has decided that the Supreme Court of Canada will, in fact, hear the case of the SFL et al, in the matter of the constitutionality of the Government of Saskatchewan’s Bills 5 and 6 – so-called "essential services" legislation and amendments to Saskatchewan’s Trade Union Act.

"It is extremely unfortunate that we find ourselves in this position," said Saskatchewan Federation of Labour President, Larry Hubich. "Obviously, we would rather not be forced into taking our government to court. Unfortunately, however, Bills 5 and 6 represent significant infringements upon the fundamental rights of Saskatchewan working people. On behalf of the people of the province, and on behalf of the generations of people that struggled for the rights we enjoy today, we believe it is our responsibility to challenge laws that appear to be unconstitutional, particularly when they concern people’s basic rights at work."

In 2010, the United Nation’s International Labour Organization (ILO) found that Bills 5 and 6 violate Canada’s international law commitments, as well as working people’s rights. In April of this year, the Saskatchewan Court of Appeal released a much-anticipated decision recognizing that Canadian law has evolved to a point where a right to strike may be protected by the Constitution. At numerous points, the Court of Appeal notes that, though it could not overturn previous Supreme Court decisions respecting a right to strike, striking could very well be a fundamental right protected by the freedom of association.

"We believe it is time for the Supreme Court of Canada to recognize that Saskatchewan people, and all Canadians, enjoy a right to strike that is constitutionally protected. We are also asking for a declaration that the 2008 changes to the Saskatchewan Trade Union Act substantially interfere with workers’ right to form unions of their own choosing, for the purpose of bargaining collectively with their employers."

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SFL Convention 2012: Oct 31 - Nov 3

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Together, we can do it

In October, TCU Place in Saskatoon played host to the Saskatchewan Federation of Labour’s 56th annual convention. This year’s convention was another overwhelming success with 500 to 600 delegates in attendance. Convention delegates were treated to a number of presentations by a variety of accomplished speakers, some of whom you can read about inside the new edition of the Labour Reporter.

The theme of this year’s convention was “We Can Do It,” the iconic motto of Rosie the Riveter. Rosie’s famous words were a fitting theme for working people as we headed into a provincial election.

We have now seen the re-election of a government responsible for legislation that has significantly limited the rights of working people. It will be increasingly important to keep in mind that “we can do it.”

With a government in power that has passed legislation to strip working people of their Charter rights, political commentators that make no effort to hide an agenda against working people, and provincial and federal governments that care more about corporate tax cuts than protecting the pensions of people across the nation, it is more important than ever that we maintain our commitment to defending the rights of working people.

It is because of the diligent efforts of generations of working people that we enjoy the quality of life that we do in Saskatchewan today.

It is because of dedicated and compassionate people like you that we have pensions and comparatively good labour standards. It is because of people like you that we have Medicare and public services and Crown corporations that are still the envy of the continent, in spite of the current government’s recent attempts to undermine them. It is because of people like you that we had workplace safety standards enshrined in legislation in the first place and that we still have a Trade Union Act, even though our government has attempted to water it down and undercut our rights.

The truth is that people across this province should be extremely thankful for the hard work and dedication that working people show every day.

No amount of opposition from any government, political commentator, or interest group is going to stop us from conducting our most important work: defending the rights of working people.

In solidarity,
Larry Hubich, SFL President

Download full issue of SFL Labour Reporter here in pdf.

Court date rapidly approaching

All legal arguments have now been filed in the unprecedented case against the Sask. Party governments' anti-worker, anti-democratic, unconstitutional labour laws.

As reported earlier in this blog, the Saskatchewan Federation of Labour and 25 additional plaintiffs (SFL et al) plus 3 intervenor unions filed their legal arguments in the Saskatchewan Court of Queen's Bench related to the Charter Challenge by the SFL et al against the Sask. Party government's Bills 5 & 6. Legislation which the Wall government introduced and passed in late 2007 and early 2008.

 The plaintiffs (SFL et al) and 3 supporting intervenor unions (CUPE, SEIU-West, and SUN) have now also filled their reply arguments.

You can download and read all of the arguments and backgrounder material on the case from the SFL Website at:  http://www.sfl.sk.ca/our-campaigns/labour-legislation

In what is arguably the largest lawsuit ever filed by working men and women against a sitting government in Saskatchewan (and quite possibly Canadian) history, the Federation and unions in the province have prepared hundreds of pages of legal argument and tendered thousands of pages of evidence.

In addition to the Charter Challenge, the SFL and the Saskatchewan Government and General Employees Union (SGEU) won a case in March 2009 wherein the Sask. Party government was found guilty of violating Saskatchewan workers international human rights by the United Nations International Labour Organization .

The ILO requested that the Sask. Party government take action to repair the offending legislation in consultation with representatives of the labour movement. The government has steadfastly refused to comply with the ILO ruling and refuses to meet with the labour movement to discuss the matter.

This historic Charter Challenge case will be heard in the Saskatchewan Court of Queen's Bench from November 14 - 25th, 2011.

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Federation of Labour files legal argument in massive law suit against Sask. Party government

Over the summer months, the Saskatchewan Federation of Labour and 25 additional plaintiffs (SFL et al) filed their legal argument in the Saskatchewan Court of Queen's Bench related to the Charter Challenge by the SFL et al against the Sask. Party government's unconstitutional anti-worker and anti-union legislation.  Legislation which the Wall government introduced and passed in late 2007 and early 2008.

In what is arguably the largest lawsuit ever filed by working men and women against a sitting government in Saskatchewan (and quite possibly Canadian) history, the SFL filed its 230-page legal argument and tendered thousands of pages of evidence.

In support of the SFL et al's case, three additional intervenor unions filed thousands more pages of argument and evidence.  The arguments of the intervenor unions re-inforced that the ill-conceived Bill 5 and Bill 6 violate workers constitutional rights as outlined in the Canadian Charter of Rights and Freedoms. 

The intervenor unions are:  Canadian Union of Public Employees (CUPE); Service Employees International Union - West (SEIU-West); and the Saskatchewan Union of Nurses (SUN)

In addition to the Charter Challenge, the SFL and the Saskatchewan Government and General Employees Union (SGEU) won a case in March 2009 wherein the Sask. Party government was found guilty of violating Saskatchewan workers international human rights by the United Nations International Labour Organization . 

The ILO requested that the Sask. Party government take action to repair the offending legislation in consultation with representatives of the labour movement.  The government has steadfastly refused to comply with the ILO ruling and refuses to meet with the labour movement to discuss the matter.

This historic Charter Challenge case will be heard in the Saskatchewan Court of Queen's Bench from November 14 - 25th, 2011.

Download PDF's of the unions' legal arguments below:

1.  SFL et al argument
2.  CUPE argument
3.  SEIU-West argument
4.  SUN argument

Saskatchewan People Set to Celebrate Labour Day - 2011

News Release

FOR IMMEDIATE RELEASE

Saskatchewan People Set to Celebrate Labour Day

On Monday, September 5th, people across Saskatchewan, of many backgrounds and traditions, spanning several generations, and representing a variety of occupations and professions, will gather together to celebrate Labour Day. Originally a day to commemorate the struggle of working people to reduce the workday to eight hours, Labour Day is an important opportunity not only to celebrate, but also to renew commitments to improving people’s quality of life.

“Labour Day is an extremely important day,” said Larry Hubich, President of the Saskatchewan Federation of Labour, “not only for the women and men that work in Saskatchewan and across the country, but for all people who now benefit from the efforts of working people. Working people from Saskatchewan have been instrumental in creating many of the things in our society that all people hold dear today: Medicare, pensions, quality education, and laws regarding health and safety, just to name a few.”

First observed as a Canadian national holiday in 1894, Labour Day is now observed in a number of countries across the globe every year. Celebrations typically include barbeques, picnics, and parades, complete with singing, storytelling, and speeches from community leaders.

“As important as it is to celebrate what we have achieved as working people and as a society, it is also important to view Labour Day as an opportunity to renew our commitment to improving the quality of life for the people of the province. We believe that it is always possible to improve upon what we’ve already achieved in our province, and Labour Day is an opportunity to recommit to making those improvements. As the economic gap between the rich and the poor continues to grow, it will be increasingly important for us to strive to improve upon the things that make Saskatchewan a great place to live, work, and raise a family.”

- 30 -

The SFL represents over 98,000 unionized workers across the province in 37 affiliated unions.

Join Us For the Unveiling of a Headstone In Memory of Nick Schaack

Join Us For the Unveiling of a Headstone In Memory of Nick Schaack

What: Unveiling of a commemorative headstone for Nick Schaack, who died as a result of his participation in the Regina Riot, July 1st, 1935, struggling for economic security on behalf of the people of Saskatchewan and all Canadians.

When: Friday, July 1st, 2011 at 11:00am.

Where: We will meet at the Regina Cemetery (the corner of 4th Avenue and Broad Street) for the unveiling ceremony and then travel to the office of the Saskatchewan Union of Nurses (2330 2nd Avenue, Regina) for a FREE BBQ!

Who: Everyone is welcome!

Wall government continues to embarrass Saskatchewan on the world stage

The posting below is reproduced directly from the ITUC website.  The Wall government's record on labour and worker rights continues to be a global embarrassment.

Restrictions of Labour Rights in Canada

25 May 2011: A new report by the ITUC on core labour standards in Canada, published to coincide with the World Trade Organisation’s (WTO) review of its trade policies, finds some significant workers’ rights restrictions.

Despite the fact that federal law grants workers in both public and private sectors the right to join and form trade unions, many restrictions of trade union rights exist due to the legal regimes in force in several Canadian provinces. Furthermore provincial governments frequently use back-to-work legislation to unilaterally end strikes by their employees.

The report also finds that, although the laws of Canada prohibit discrimination, women still face a considerable pay gap and the labour market is segregated on gender lines.

Canada has only ratified five of the eight ILO international core labour standards.

To read the full report