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Attention union leaders and activists! In July, the Alberta government
established a special MLA committee to examine the possibility of amending our
province’s Labor Relations Code – and the Alberta Federation of Labour is
encouraging unions to get involved in the review process!
The committee – composed of three back-bench Tory MLAs – is currently
accepting submissions from interested parties up to a deadline of September 15,
2002. After that, the committee will make recommendations to the Minister of
Human Resources about whether or not the Code should be opened up – and, if it
is, what changes should be made.
From our perspective here at the AFL, it’s a forgone conclusion that the
committee will recommend at least a few amendments. Recent rulings from the
Supreme Court of Canada make it clear that several sections of the current Code
are unconstitutional – including provisions which prohibit union organization
in the agricultural sector and ban secondary picketing in all sectors. As a
result, changes will have to be made at least in these two areas.
However, there are clear signs that amendments will not be restricted to
these topics. According to the committee’s terms of reference, the MLAs will
examine a wide range of issues including things like: certification and
revocation, first agreement legislation and essential service legislation. More
ominously, after more than a year of heavy lobbying by the notoriously
anti-union Merit Contractors Association, the government has also agreed to deal
with the so-called "key issues" of "salting" and "merfing."
For those who are not familiar with these terms, they refer to the practice
of using union members to help organize non-union worksites (salting) and the
practice of unions and unionized employers in the construction industry working
together to lower costs and win contracts (merfing).
On the surface, the concerns raised by the Merit Contractors may seem almost
laughable. Do they really think a few pro-union activists on a non-union
worksite can "brainwash" the majority into voting for a union if they
really don’t want one? What ever happened to free will? And when it comes to
"merfing," what could possibly be wrong with employers and employees
working together to lower costs and win business? Isn’t that the kind of free
and unfettered dealing-making that makes the market work?
Unfortunately, while we in the labour movement may see the Merit arguments
for what they really are (i.e. thinly veiled attempts to bust unions) the
government is taking them very seriously. More importantly, the
"remedies" being proposed by the Merit Contractors would, if
implemented, have extremely negative implications for all unions, not just those
in the construction industry.
For example, they’re talking about forcing mandatory open periods every
year in every sector. Under this kind of system, employers would have an
increased incentive to launch decertification campaigns and we would be forced
to divert scarce resources away from service and organizing into campaigns aimed
at keeping members we already have. Clearly, this would undermine our ability to
effectively represent our members – and it would be a huge step down the road
to a made-in-Alberta right-to-work law.
That’s why the AFL is encouraging all unions and union members to get
involved in the review process. The government is obviously in the mood to make
changes to the Labour Code. But so far, they’ve only heard from one side –
the side advocating changes that would make it even harder for unions to operate
in this province.
With this in mind, we are urging all Alberta unions and locals to make
submissions to the review committee. We need to counter the anti-worker rhetoric
that members of the committee have heard from the Merit contractors. We need to
explain why workers need unions and deserve a fair opportunity to join them. And
we need to put forward ideas for change that will actually help working people
in this province – instead of weakening their protections in the workplace.
To help you put together a submission on such short notice, please make use
of the following resources:
The AFL is currently in the process of preparing its own brief to the MLA
committee. As soon as that document is finished, copies will be mailed out to
all affiliates. If you have time to prepare your own brief now, please do so and
send it to the committee. If you would prefer to wait to see the AFL’s full
brief before sending your own, that’s fine – as long as you keep the
committee’s deadline of September 15 clearly in mind.
Please remember, your submissions don’t have to be long. One or two pages
explaining what you think is wrong with Alberta’s labour laws is better than
no submission at all. In addition to sending your submission directly to the
commission, please also send a copy to us here at the AFL.
Thanks in advance for helping us stand up for workers’ rights in Alberta!
Send your submissions to:
Richard Marz (Chair)
MLA Review Committee
c/o Workplace Investments
Alberta Human Resources and Employment
801, 10808-99 Avenue
Edmonton, Alberta, T5K 0G5
Fax: (780) 422-0014
E-mail: labourcode@gov.ab.ca
Please also forward a copy to the AFL:
Alberta Federation of Labour
350, 10451-170 Street
Edmonton, Alberta, T5P 4T2
Phone: (780) 483-3021
Fax: (780) 484-5928
E-Mail: afl@afl.org
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