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Before considering any changes to the Alberta Labour Relations Code, it is
important to have a clear understanding of how and why labour laws in Canada
were enacted in the first place.
Prior to the Second World War, Canadian industrial relations were typified by
repeated, violent confrontation between employers and workers. Armed company
constables held pitched battles with striking men and women – and almost
inevitably, police were actively embroiled in the disputes. Riots, mass
demonstrations, violent deaths and serious personal injury and property damage
were the rule of the day. In Alberta, for example, there were over 10,000 coal
miners on strike in the Crowsnest Pass for over three months in 1934.
Industrial unrest over poor wages and working conditions, inadequate housing
and education and health care and the desperate poverty of the unemployed
reached crisis proportions that threatened the social fabric and political
stability of the country.
The important role of unions in securing social and labour peace was finally
and formally recognized by the federal government in 1944 with PC 1003 – a
wartime labour act. All subsequent Canadian labour laws have been based upon the
principles of PC 1003 – including Alberta’s labour code.
In essence, Canadian labour laws are based upon the premise that unions and
free collective bargaining are the best way to establish and maintain good
labour relations and a healthy society.
This was probably best described by the Federal Task Force on Labour
Relations (also known as the Woods Commission) Report in 1968:
"Freedom to associate and to act collectively are basic to the nature of
Canadian society and are root freedoms of the existing collective bargaining
system. Together they constitute freedom of trade union activity: to organize
employees, to join with the employer in negotiating a collective agreement, and
to invoke economic sanctions, including taking the case to the public in the
event of an impasse."
The purpose of labour laws across Canada was historically to protect and
encourage working people’s democratic right to unionize. Labour laws were
created to protect unions and to foster unionization because of the social
benefits of a healthy, free labour movement. The intent of the laws was not to
discourage or limit unions or legitimate union activity, but to promote
unionization.
Then, as now, the measure of labour laws is how well they do that job.
Why unions are good for Alberta
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