If the airlines are, in fact, essential services (and that is possible) then the existing labour structure should be changed to reflect this. Ad hoc blocking of strikes, whether constitutional or not, creates uncertainty and is not fair:
http://bit.ly/nyo7ts
"Four years ago, the Supreme Court of Canada overturned its own jurisprudence and ruled the constitutional freedom to associate included the right to bargain, but didn't say whether there was an equal right to strike.
Brian Langille, a labour law expert from the University of Toronto, said the government's actions in recent labour disputes has invited the courts to answer that question.
"I think they're going to answer it in the affirmative," he said. "If you have the right to bargain, you have the right to strike."
The postal workers on Wednesday filed their challenge to the back-to-work bill that ended their labour dispute in the Superior Court of Ontario.
The postal workers argue that the federal government shouldn't have ordered them back to work and was in conflict of interest when it, as the sole shareholder of Canada Post, set the terms of mediation, including wages.
"Bargaining becomes meaningless without the right to strike," said Paul Cavalluzzo, a constitutional lawyer representing the postal workers.
"If the court says that the charter protects the right to bargain, then it also must protect the right to strike.""
2 comments:
The airline is a trickier one but I think the posties do not have a case.
The post office has laws to protect their monopoly. The consumer has no choice but to use their service especially with regular size envelopes.
In Ontario only the LCBO can sell booze. As a result the employees are overpaid since it is easy to force the consumer to pay more.
I would bet that subsidies are given to Air Canada to include routes to non profitable destinations, eg Thunder Bay or Yellowknife.
It should not be the taxpayers responsibilty to compensate the unionized worker. The evidence is quite clear they do.
Anonymous, I would ask then if the airlines would still be able to fly without the flight attendants (would management be able to pick up the slack?). Remember earlier in the year when another bargaining unit at Air Canada was sent back to work--it wasn't because flights had stopped. Air Canada can operate with some of their employees on strike, just as Canada Post could operate with the rotating strikes.
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