Manitoba bill banning worker replacement now prevents employees from crossing picket lines

Amendments to a bill that would prevent workers from crossing picket lines during labor disputes are drawing fire from an organization that represents Manitoba businesses.

Changes pushed by the NDP government as part of an omnibus bill would ban the use of labor during a lockout or strike.

On Monday, the bill included further amendments to the Labor Relations Amendment Act, which would prevent businesses from luring their own employees back to work.

The Winnipeg Chamber of Commerce says the changes trample on workers’ ability to choose whether they should return to work based on their personal circumstances.

Chamber President and CEO Loren Remillard said Wednesday the changes suggest union rights trump individual rights.

“The reality is that we have a very strong and balanced labor environment because we’ve had strong and balanced labor legislation,” he said. “This legislation, even before the change, really tips the balance in favor of organized labor, not necessarily in favor of the workers themselves.”

Remillard says the changes introduce unnecessary complexity.

“What happens now if a worker (decides) to cross the picket line? Will the employer face charges of luring? Who will be the arbiter of this?” he said. “This just further… darkens the situation.”

The Labor Federation supports the changes

The Manitoba Federation of Labor welcomed the changes, saying the new rules would be more in line with Quebec’s anti-crust laws and federally regulated industries.

Chairman Kevin Rebeck says employers would still be allowed to offer things like higher wages to tempt some employees back.

“It was really a tactic used by employers to sow division,” he said.

“If we’re going to have anti-scab legislation, it … (should create) the right incentives to get unions and employers to enter into collective agreements and get people back to work together without making relations worse.”

PCs demand more transparency

Anti-crust legislation was included in the The law on the execution of the budget and the amendment of the fiscal statusan omnibus budget bill that, unlike others, is not required to go through public hearings.

The ban had first been introduced as a separate bill, but efforts to move forward were blocked by the Tories during the spring session.

Progressive Conservative labor critic Jodie Byram said during question period on Wednesday that the government had not consulted properly, including with open contractors.

“If there had been consultation at the start of this legislative process, there wouldn’t have been so many last-minute amendments,” she said.

“The changes to this bill needed public input, and this government has failed to allow transparency and input from Manitobans.”

Labor and Immigration Minister Malaya Marcelino said in a statement late Wednesday that the amendments were made in response to recommendations by the province’s labor-management review commission to “strengthen historic legislation.”

Employers who fail to comply with the new law would be deemed to have committed an unfair labor practice, which would allow workers to seek recourse at the Labor Board.

While this is a positive move forward, Rebeck says, the labor federation would still like to see penalties that match the tougher new federal standards. Federally regulated businesses that violate the law are subject to fines of up to $100,000 per day.