Ban on replacement workers among planned NDP changes to Manitoba labour law

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This article was published 22/12/2023 (657 days ago), so information in it may no longer be current.

The provincial government wants to ban the use of temporary replacement workers during strikes and lockouts as part of a suite of changes planned for Manitoba’s labour laws.

NDP Labour Minister Malaya Marcelino has asked the province’s labour-management review committee to offer its take on prohibiting employers from bringing in outside workers to do the jobs of striking or locked-out staff.

“It’s just very, very disrespectful to the workers themselves and it’s going to prolong disputes,” Marcelino (Notre Dame) said of using replacement workers.

The committee has also been asked to give an opinion on moving to single-step unionization and changing the Essential Services Act to require employers to use union members to deliver essential services in the case of a strike or lockout.

Marcelino said legislative amendments could be introduced as early as spring, depending on the speed of consultations.

While there has been less labour strife in Manitoba in recent years, work stoppages are increasing in length and becoming more bitter, she said.

The intent is to shorten labour interruptions and get parties back to the bargaining table, she said.

“It’s really about respect and about trying to maintain a positive workplace situation even after the dispute happens,” Marcelino said.

“The overall goal here is trying to get respect for these workers and their families.”

Manitoba Employers Council chair William Gardner said banning temporary replacement workers in an ill-considered idea.

The council is the province’s largest organization of employers, with members in both public and private sectors.

“Legislation in Manitoba regarding replacement workers is a solution looking for a problem that doesn’t exist,” said Gardner, a partner at Pitblado LLP and a member of the labour management review committee.

Gardner said there is not widespread use of replacement workers within the private sector, typically owing to the time it takes to get them trained to be productive in the job.

Manitoba would also be an outlier, if it chose to prohibit replacement workers, with only British Columbia and Quebec currently banning their use, he said.

The committee has tried, over successive governments, to avoid major policy shifts and have a predictable legislative environment for labour and business, he added.

“We compete with other jurisdictions, and restrictive legislation, isn’t a good idea in terms of attracting business unless there’s an identified need,” the management-side labour lawyer argued.

“We need to be competitive with our neighbours,” he said. “Our concern most immediately is attracting business where employers have Saskatchewan, Alberta and Ontario to choose, and none of them have or are contemplating anti-replacement worker legislation.”

The current balance of power between employers and unions at the bargaining table is ideal, Gardner said, and the opportunity for either to apply for binding arbitration after 60 days of work stoppage is a “safety net.”

“This is a time when our premier has said the economic horse pulls the social cart,” Gardner said. “Any replacement worker legislation is not going to help the economic horse and it’s a burden that doesn’t have to be put into the social cart, because there is no need.”

“Any replacement worker legislation is not going to help the economic horse and it’s a burden that doesn’t have to be put into the social cart, because there is no need.”–William Gardner

Manitoba Federation of Labour president Kevin Rebeck disagrees.

The labour leader said it is unfair for an employer to “starve out” its workforce by using replacement workers in the two months before binding arbitration becomes an option.

“The employer right now has this tremendous advantage that when workers make the ultimate sacrifice of giving up their paycheque by going on strike as a last resort… they can just act like business is usual and hire replacement workers,” Rebeck said.

“It means there’s no incentive for employers to get back to the bargaining table and get a deal.”

“The employer right now has this tremendous advantage that when workers make the ultimate sacrifice of giving up their paycheque by going on strike as a last resort… they can just act like business is usual and hire replacement workers.”–Kevin Rebeck

Of the past five strikes in Manitoba, four employers brought in temporary replacement workers, Rebeck said, including three in the public sector.

“To see it as a growing trend in the public sector makes me really worry about how much more it’s going to be used and seen to be acceptable.”

Marcelino said she is keeping an open mind and will take the committee’s advice into consideration as the government drafts its legislation.

“We’re working hand-in-hand with business because we really want our province to prosper,” she said. “Part of that prosperity for all Manitobans and a good business environment is having positive and co-operative labour-management relations in this province.”

Both Rebeck and Gardner agreed consensus at the labour management review committee is possible.

“We all have an interest in keeping our economy going and that means avoiding strikes and lockouts as much as possible,” Rebeck said.

danielle.dasilva@freepress.mb.ca