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Court Decision Upholds Working People's Rights

Workers in Saskatchewan, and across Canada, won a significant legal victory on February 6, 2012. Justice Dennis Ball ruled that the right to strike is a protected freedom for all workers under the Canadian Charter of Rights and Freedoms.

He also found that the right to strike is protected by international law, and that governments are bound by international law when assessing the constitutionality of our laws under the Charter.  Download Justice Ball's decision here....

As a result of these findings, he ruled that the Sask. Party government’s “essential services” legislation (also known as Bill 5), violates our fundamental freedoms and human rights. He said the law, in its entirety, is unconstitutional.

The Judge said that when a law violates the Charter, if the government has failed in its duty to consult prior to passing the law, the law must be struck down. Just like the United Nations’ International Labour Organization (ILO) warned the Saskatchewan government, they must consult with citizens before introducing legislation that affects Charter rights.

Justice Ball even paid attention to the role of government as employer. He said that governments cannot use their sovereign power to legislate in a manner that eliminates the obligation to respect their employees’ collective bargaining rights.

What happens now?

The Judge ruled that the invalidity of the old law is suspended for 12 months, to give the government time to fix it if possible.

The government is appealing the Judge’s ruling that freedom of association includes the right to strike, in the hopes that, if they win, Bill 5 will stay in force. At the Saskatchewan Court of Appeal, the unions will defend the right to strike finding, and will cross-appeal on the unconstitutionality of Bill 6 (the 2008 changes to The Trade Union Act).

What about Bill 6?

The Judge did not agree with our argument that the changes to The Trade Union Act violated workers’ fundamental freedoms under the Charter. He did not, however, dispute our facts about the number of union certifications decreasing since the passing of the laws. Regarding employer communication, he says “even a reasonably courageous employee can be cowed by employer statements that directly or implicitly threaten negative consequences if the wishes of the employer are opposed.”

What kind of input will labour have into any new essential services law?

Minister Don Morgan asked us for written feedback, with a deadline of two weeks. Working people’s organizations (which already submitted feedback on Bill 5 and 6 to the government when it was introduced, and also to the court in its written and oral arguments) have asked for face-to-face meetings to discuss what kind of consultation would comply with Judge Ball’s decision.

What are the remedies?

The Judge has agreed to hear submissions on remedies for the violation of working people’s rights.

Five little-known facts about the Bills 5 and 6 Charter challenge

1. Non-affiliated unions who joined in solidarity with the SFL et al: 3 (Health Sciences Association of Saskatchewan, University of Regina Faculty Association, and Teamsters local 395.)

2. Number of lawyers who participated in the trial (from both sides): 19

3. Total days of argument: 12

4. Number of pages filed with the Court: approximately 15,000

5. Employers who intervened in the case (SAHO, the Saskatoon Regional Health Authority, SaskPower, SaskEnergy, the University of Regina, the University of Saskatchewan, City of Regina, City of Saskatoon, SUMA and SARM) argued that management should have the final say in who can strike and who cannot.

Quotable Quotes

“I am satisfied that the right to strike is a fundamental freedom protected by s.2(d) of the Charter along with the interdependent rights to organize and to bargain collectively. That conclusion is grounded in Canada’s labour history, recent Supreme Court of Canada jurisprudence and labour relations realities. It is also supported by international instruments which Canada has undertaken to uphold.”
— Justice Dennis Ball, Saskatchewan Court of Queen’s Bench, February 2012

“The ultimate truth of free collective bargaining is that it can only operate effectively, in market terms, if it is backed up by the threat of economic sanction.”
— Justice Ball, quoting Rayner

“...the evidence clearly established that substantive consultations with respect to the PSES Act took place only between the Government and employer groups. It also establishes that although the largest public sector Unions made every effort to meet with the Government representatives in order to have meaningful input into the legislation, their efforts were unsuccessful. Any consultation with the Unions about the PSES Act was superficial at best.”

“It is enough to say that no other essential services legislation in Canada comes close to prohibiting the right to strike as broadly, and as significantly, as the PSES Act. No other essential services legislation is as devoid of access to independent, effective dispute resolution processes...”

Download a PDF Version of the SFL Newsletter here....

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Net Benefit

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Labour leaders call on premiers to unite & defend healthcare

The open letter below was written to Canada's Premiers from the Presidents of Provincial and Territorial Federations of Labour:

An open letter to Canada's Premiers:

Labour leaders call on Premiers to unite & defend healthcare

The future of Canada’s healthcare system is at a critical stage.

As leaders of the provincial and territorial Federations of Labour, we are calling on the country’s premiers, who are meeting in Victoria, to put forward a united front and stand up for Canada’s universal healthcare system and the millions of Canadians who depend on it.

In December, the Harper government sent a clear message that it intends to abrogate its responsibility to defend national healthcare standards and universality. It plans to walk away from its responsibility to lead the negotiations to develop a new Health Accord. The current Accord ends in 2014.

Instead, the federal government has laid out a take-it-or-leave-it funding formula that will see Ottawa contributing a lot less to healthcare by 2017, tying increases in funding to economic growth.

This is an attempt by the Harper Government to hijack the real debate. The real debate should be how we tackle and bring about meaningful and positive change. The real debate must be how we build and enhance our public healthcare system. The current Health Accord has shown us that with stable long-term funding and common goals and targets, we can deliver better healthcare.

Our most valued social program – something that unites all Canadians – deserves a plan that tackles growing disparities in health outcomes and growing gaps in access to care.

While Canadians need to see stable funding for healthcare, there are also the issues of accountability, national standards and targets, equality of access and quality. How will these issues be addressed if the federal government washes its hands of its responsibility?

As provincial labour leaders representing workers from coast to coast, we appeal to you as premiers and provincial leaders. This is not just about dollars and cents it’s about values – values that Canadians have embraced for half a century.

Values that include a publically-funded and administered healthcare system where all Canadians have access to the same quality healthcare regardless of income and no matter where they live in our country.

It’s about a Canada where families with loved ones battling diseases that threaten their lives are not also forced to contend with poverty and inadequate care.

The next generation of Canadians deserves a high-quality healthcare system, not one starved for funds. Our children need to know that their right to decent healthcare is based on their rights as citizens and not the limits on their credit cards.

As Premiers, you are well positioned to stand up for all Canadians. As premiers, you are the frontline for all of us in the fight for adequate and sustainable funding that protects our healthcare system.

Some of you have come to the conclusion that the Flaherty plan will erode our universal healthcare system and values. We agree.

In fact, we believe the federal Conservative plan of further corporate tax cuts, on the one hand, and reduced funding for healthcare, on the other, will simply further reward the 1 Percent and punish the 99 Percent.

As premiers, you are discussing the very values that Canadians embrace: equality, fairness, access for all regardless of income.

Those who came before us created a healthcare system based on the solidarity of Canadians with each other. It is our collective duty to ensure its survival for generations to come. Unfortunately, what the federal government is proposing does not meet this test.

Now is not the time to be looking for a better deal for any individual province or territory. Now is the time to be united.

We ask you to reject the federal proposal, to reject a framework that leaves Canadians out of the discussion and to embrace the values upon which our nation and our healthcare system were built.

We are calling on you, as Premiers, to send a message not only to the Harper government and the Canadian public, but to the tens of thousands of workers who provide care to Canadians every day that you will defend healthcare.

At the end of your meeting, Canadians will ask a simple question: did their leaders take up the challenge to stand up for the health and the wellbeing of all Canadians or did they allow the federal government to erode the social foundation of our country? The choice, and responsibility, is yours.

Canadians are counting on you to make the right decision.

Respectfully,

The Presidents of the Provincial and Territorial Federations of Labour:

Jim Sinclair, British Columbia
Don Austin, Yukon
MaryLou Cherwaty, NWT and Nunavut
Gil McGowan, Alberta
Larry Hubich, Saskatchewan
Kevin Rebeck, Manitoba
Sid Ryan, Ontario
Michel Boudreau, New Brunswick
Carl Pursey, PEI
Rick Clarke, Nova Scotia
Lana Payne, Newfoundland and Labrador

Click to download a PDF version of the letter and accompanying news release

SFL awaits Court decision in Charter Challenge case against Bills 5 & 6

During November of 2011 the SFL et al, along with 3 intervenor unions were in court to argue that the Saskatchewan provincial government’s (2007 - 2008) labour legislation (Bills 5 & 6) violates the Charter rights of working people.

The SFL team argued 3 main points:

1. People have the right to form unions of their own choosing for the purpose of bargaining collectively with their employers:

• Free from employer and government interference;
• Consistent with international human rights as defined by the United Nations;
• Consistent with the freedom of association provisions of the Charter; and
• Consistent with the freedom of expression provisions of the Charter.

2. The provincial government should ensure a level playing field for working people with major corporations by defending working people’s ability to have a voice in the workplace.

3. The government should re-balance its legislation and enable unions to defend the rights of working people from attacks that have tipped the scales in favour of rich corporations and CEOs.

The Charter of Rights and Freedoms guarantees freedom of conscience and religion; freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; freedom of peaceful assembly; and freedom of association.

It is extremely important that we continue to take our case against the provincial government forward and to defend the charter rights of working people in our province.

Inside Job, Narrated by Matt Damon (Full Length HD)

Inside Job, Narrated by Matt Damon (Full Length HD) on Vimeo.

"'Inside Job' provides a comprehensive analysis of the global financial crisis of 2008, which at a cost over $20 trillion, caused millions of people to lose their jobs and homes in the worst recession since the Great Depression, and nearly resulted in a global financial collapse. Through exhaustive research and extensive interviews with key financial insiders, politicians, journalists, and academics, the film traces the rise of a rogue industry which has corrupted politics, regulation, and academia. It was made on location in the United States, Iceland, England, France, Singapore, and China"

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.

SFL Summer Camp - Best Place on Earth

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.

Vote to Protect the things that make Saskatchewan great.

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SFL Labour Issues Campaign

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Regina's Secret

Know the issues, act on the facts.

In the October edition of the Labour Reporter you’ll find details about some of the things that we’ve been up to over the summer. You’ll have a chance to read about the recent SFL Summer Camp, the progress of Station 20 West, and the recent memorial for Nick Schaack. You’ll also find details about important issues including water, greenhouse gases, and other things to think about prior to the provincial election.

As the next provincial election swiftly approaches, it is extremely important for those of us that live and work in Saskatchewan to consider the issues that are important to us, and important to our families. An election is an important opportunity to discuss ideas and to make decisions about what we want our province’s future to look like.

There are some that say that in Saskatchewan unaccountable, unelected CEOs and their corporations should decide how our province is managed. Those same individuals believe that environmental standards aren’t as important as corporate profits, that regulations protecting working people’s safety aren’t as important as dividends for shareholders, and that the widening gap between the rich and everyone else isn’t as important as the bottom line.

There is another way, and it’s a proud part of our history in Saskatchewan. Instead of handing the keys to the province over to corporations, we can insist that our government keep our province in our own hands! We can insist that we decide what happens with our potash, our water, our conservation lands, and the rest of our beautiful province. The coming election is an opportunity for us to elect members of government that represent our shared values: cooperation, public ownership, and practical local solutions to complicated problems.

In order to help inform people about just some of the issues facing the people of Saskatchewan today, the SFL has ramped up our Labour Issues Campaign. Our sixth Labour Issues booklet, which deals with issues of the environment and the economy, is now available. In the coming days it will be increasingly important to order Labour Issues booklets, to send members to training sessions, or to order presentations. On November 7th let’s demand, with one clear voice, a government that puts the interests of Saskatchewan people first!
Download the October 2011 SFL Labour Reporter here.

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

What happens, when no one's there.... to pick up the phone?

We have a choice - SFL Issues Campaign

Check out the newest SFL Labour Issues Campaign Booklet on the economy and the environment. (pdf):  We have a choice