Court ruling highlights important role strikes can play in resolving disputes
EDMONTON - The decision by the Alberta Court of Appeal to over-turn a government back-to-work order involving thousands of striking teachers is a victory for teachers on several levels, says the president of Alberta's largest labour organization.
"On the most obvious level this is a victory for teachers because it allows them to resume their strike, if they so choose," says Les Steel, president of the Alberta Federation of Labour.
"On another level, it exposes the weakness in the government's arguments that teachers shouldn't be allowed to strike. The Premier has been threatening to introduce legislation defining teachers as an essential service. But if the court says a three-week strike does not constitute an emergency, how can the government justify revoking the teachers' right-to-strike?"
Steel says Chief Justice Allan Wachowich's decision is important because it recognizes that all strikes - by their very nature - cause some degree of hardship. Wachowich went on to say that the hardship caused by strikes is an acceptable price to be paid for living a democratic society.
"The alternative to strikes is imposing a system that turns workers into criminals if they choose to stand up for themselves," says Steel. "That's why these kinds of restrictions have been rejected by most western democracies. And it's why the United Nations has defined the right-to-strike as a basic democratic right along with things like freedom of religion, freedom of assembly and freedom of speech."
On a practical level, strikes can be messy and disruptive - but they are often the only way to resolve contentious disputes in the workplace, adds Steel.
"In most cases, the playing field is tilted sharply in favour of the employer when it comes to contract negotiations," he says. "Without the threat of strikes, employers have no real incentive to consider the concerns of their workers. So strikes clearly have a place. They're a tool of last resort - but if the right-to-strike is taken away, it turns negotiations into a farce where employers never have to compromise."
In the current situation with education in Alberta, Steel says the right-to-strike has served a valuable public service.
"Teachers in this province have been trying to get the government's attention for years with public relations campaigns and other less confrontational lobbying strategies - all to no avail," says Steel. "It got to the point where they felt a strike was the only way to force the government to acknowledge their concerns about things like classroom size and chronic under-funding. If teachers didn't have the right to strike, the government would just continue on with its head in the sand."
Given the important role that strikes and the threat of strikes can play in resolving disputes and bringing simmering issues out into the open where they can be dealt with, Steel says that the government should stop making threats about essential service legislation.
"The dispute with the teachers is not going to be resolved by the government antagonizing teachers," says Steel. "What's really needed is for the government to stop hiding behind the school boards and acknowledge that they - as the central funding authority - need to get to the table and compromise. The government needs to accept responsibility for providing adequate funding for schools in this province."
For more information call:
Les Steel, President @ 780-483-3021 (wk) 780-499-4135 (cell)
-or-
Gil McGowan, Communications Director @ 780-483-3021 (wk) 780-910-1137 (cell)
Back-to-work order will not solve the problems plaguing our schools
EDMONTON - The government can use its legal clout to force teachers back to work, but they can't make teachers and parents forget their concerns about over-crowded classrooms and chronic under-funding, says the president of Alberta's largest labour organization.
"Using a back-to-work order may end the strike, but it will do nothing to address the problems that caused the dispute in the first place," says Les Steel, president of the Alberta Federation of Labour.
"As long as these problems remain unaddressed, teachers and parents will continue to be angry and dissatisfied - and the quality of education in our province will continue to suffer."
Steel says Premier Ralph Klein and Education minister Lyle Oberg are deluding themselves if they think that everything will return to business as usual once teachers are back on the classroom.
"The problem with these kinds of heavy-handed tactics is that they almost always backfire," says Steel. "Sure, you can force people back to work. But the government is running the risk of poisoning labour relations in Alberta schools for years to come."
Steel says that if the teachers don't feel they're being fairly treated, more and more of them are simply going to quit and it will become more difficult to attract new people to the profession.
"So, by playing tough-guy today, the government may win a short-term victory. But there will be a big price to pay in the long-run."
Steel also expressed skepticism about government plans to bring in a mediator if teachers and school boards are not able to reach an agreement by March 16.
"Arbitration only works if the arbitrator is completely independent and not a puppet of the government. We don't have confidence that this will be the case when it comes to the teachers' dispute," says Steel.
Steel says that the real problem - the problem that has been at the heart of the things since negotiations began - is that the government is refusing to put more money on the table.
"By refusing to consider new funding, the government is not giving the either school boards or the arbitrator any room to move," says Steel. "As a result, the arbitration process will be a sham - it's really just a front for an imposed settlement."
Steel says that what's really needed to end the dispute with the teachers is for the government to stop hiding behind the school boards and acknowledge that more provincial money is needed to properly fund schools throughout the province.
"I have no doubt that a settlement can be reached with the teachers without having to resort to heavy-handed legal action," says Steel. "But it's not going to happen until the provincial government acknowledges its responsibilities and gives the school boards the resources they need to reduce class sizes and pay teachers a fair wage."
For more information call:
Les Steel, President @ 483-3021 (wk) 499-4135 (cell)
Union members encouraged to show active support for teachers in the event of a strike
EDMONTON - Unionized workers from around the province are being encouraged to actively support the Alberta Teachers Association and its members in the likely event of a teachers strike.
In a letter sent to more than 250 local union presidents today, AFL president Les Steel urged the labour movement to throw its weight behind the teachers in their fight for smaller classrooms and better pay.
"The ATA is doing everything in its power to win a fair settlement for its members," wrote Steel. "But the reality is (they) will have a hard time winning this struggle on their own - they will also need strong support from the public and their allies in the labour movement."
Steel says that the teachers deserve support because they are fighting to protect and improve a public education system that is being compromised by chronic under-funding.
"We think it's wrong that our young people are being packed into classrooms like sardines," says Steel. "We think it's wrong that parents and students are being forced to hold fund-raisers to fill the holes left by provincial under-funding. And we think it's wrong that the provincial government is doing so little to attract and retain high quality teachers."
"(That's why) we think the teachers deserve support in their fight - because they are fighting to build a public education system that better serves the needs of students and communities across the province."
In addition to concerns about protecting quality education in Alberta, Steel says that working people should support the teachers to protest the inflexible approach to labour relations adopted by the government.
"If the provincial government is able to & force an unsatisfactory settlement on (the teachers), it will send a message to all employers that it pays to be inflexible at the bargaining table," writes Steel. "We simply cannot allow this to happen - we need to stand together with the teachers and show employers that the legitimate concerns of workers cannot simply be swept aside."
Steel says that members of the public can demonstrate support for the teachers by writing letters to their local papers and calling their MLA, the Education Minister or the Premier. They can even bring hot food to the teachers on what are sure to be chilly picket lines, says Steel.
"In short, do everything you can to make it clear that the public sides with the teachers," concludes Steel. "It's the only way that we can win this fight - and ensure that Albertans have the kind of high-quality public education system that they deserve."
For more information call:
Les Steel, AFL President @ 780-483-3021(wk) / 780-499-4135 (cell)
Gil McGowan, AFL Communications @ 780-483-3021
AFL cautions government about the pitfalls of denying paramedics the right to strike
CORRECTION
NOTE: The original version of this news release was sent out this morning with the wrong contact number for AFL President Les Steel. The proper number is 780-475-4668
EDMONTON - A government plan to formally deny ambulance workers the right to strike will poison the relationship between paramedics and their employers and make it easier for the government to sweep service-related problems under the carpet, says the Alberta Federation of Labour.
In a brief submitted to a government taskforce today, the AFL said it's not in the public's best interest to see the government's so-called �essential service� legislation expanded to cover emergency medical workers - thereby denying them the right to strike.
�If the recent dispute between paramedics and the City of Edmonton taught us anything, it's that banning strikes and attempting to turn hard-working health care professionals into criminals simply does not work,� says AFL President Les Steel.
The AFL brief argues that any move to outlaw strikes will inevitably undermine the bargaining process and poison relations between employers and workers.
�When workers have the right to strike there is a clear incentive for both parties to compromise and work towards agreement at the bargaining table,� says the brief. �However, in situations where workers do not have the right to strike, the employer has no real incentive to bargain in good faith.�
When employers use strike bans as an excuse not to bargain, workers end up feeling �under-valued� and �brushed off�, says the brief. This poisons the relationship between employers and workers - and in the case of emergency medical services, it could lead to a deterioration in service levels and problems in attracting and retaining skilled staff.
The AFL also says that a ban on strikes will make it easier for the province and various municipal governments to sweep service-related problems under the carpet.
�During negotiations leading up to the recent paramedics' strike in Edmonton, the paramedics wanted to talk about inadequate staffing levels and the shortage of ambulances on Edmonton streets - especially when compared to Calgary,� says Steel.
�But because the City was refusing to bargain in good faith, these issues were never addressed. Clearly, the public would have benefited from an open and frank discussion between management and the union on these issues. But that didn't happen - largely because the City was relying on a strike-ban and binding arbitration to force a deal on the paramedics. This was a clear example of how removing the right to strike is not in the public interest.�
For more information contact:
Les Steel, AFL President @ 780-475-4668 (hm)
Government Creates False "Emergency" to Strip Ambulance Workers of Rights
The AFL reacted to the government announcement of a Public Emergency Tribunal in the Edmonton paramedic dispute by denouncing it as an act of a "two bit dictator". The move sweeps away the ambulance workers' rights without respect to process or to the legal right to strike.
"This government is acting like a two-bit dictator," says AFL President Les Steel. "When rights become inconvenient, they act single-handedly to sweep away those rights. This sounds like something a third world dictator would do."
Steel notes that under the Labour Relations Code, paramedics and ambulance workers have the right to strike. By imposing a settlement if one is not found in the next 30 days, the government is overturning this legal right without going through the appropriate legislative process. "It is legislation by decree, which I thought was outlawed in this country."
"Why is the government picking on the workers? Why is it not ordering the City to bargain fairly and find a settlement?" Steel asks.
"There is no public emergency here," Steel added. "This is a transparent excuse to strip away the right to strike from ambulance workers. There is no justification for a Tribunal and forced arbitration." Steel states the government has not adequately proven the existence of an emergency. "The City had contingency plans. Hospitals are still operating at full speed."
"The best way to prevent disruption is to ensure both sides are serious about finding a settlement. Today's action by the Minister makes that less likely, as the City now has no reason to bargain."
"The province has inappropriately taken sides in this dispute. By stripping away the right to strike, it puts the workers into a no-win situation." Steel points out that the City now has nothing forcing it to bargain fairly. If it waits 30 days, the province will come up with a settlement for it.
"If the Minister is capable of sweeping away the right to strike for these workers, who is next? Who is next to arbitrarily lose their rights to this government?" Steel concluded.
For more information call:
Les Steel, President @ 499-4135 (cell) or 483-3021 (wk)
AFL delegates will rally at Petro-Can tomorrow to support striking workers
EDMONTON - Several hundred union members participating in the Alberta Federation of Labour's biennial convention will rally outside of a downtown PetroCan station tomorrow to show support for striking refinery workers.
The rally will mark the beginning of a province-wide campaign aimed at putting financial pressure on the company to bargain fairly with their employees.
"We'll be asking consumers to stop filling up their vehicles at Petro-Can or buying any products there," AFL president Audrey Cormack. "Our Executive Council has just passed a resolution in support of the local's consumer campaign - and we'll be getting the word out to our members around the province as soon as the convention is over."
The rally will be held between 12:15-1:00 p.m. on Friday, May 4 outside the Petro-Can service station on the corner of 109 Street and 100 Avenue.
Other highlights of the convention agenda for Friday include the following:
- At 9:45 a.m. delegates will discuss a policy paper on human rights entitled "Labour of Loss: An Examination of the Economic Effects of Discrimination in the Canadian Labour Market.
- At 10:30 a.m. Hussan Yussuff, Vice President of the Canadian Labour Congress, will talk about globalization and workers' rights.
- At 2:15 p.m. New Democrat leader Raj Pannu will address the convention.
- At 2:45 p.m. delegates will discuss a policy paper dealing with democracy in Alberta and the labour movement's involvement in the political process.
With the exception of the rally, all of the major convention events will be held in the main ballroom of the Crowne Plaza-Chateau Lacombe Hotel, located at 11101 Bellamy Hill. The AFL convention continues Saturday and Sunday.
All reporters and other media personnel are asked to register at the AFL's convention office in the River Valley Room. People without credentials will not be allowed on the convention floor.
For more information call:
Gil McGowan, AFL Communication @ 990-2650 or 910-1137 (cell)
Dues Suspension Decision Slap In Face To Alberta Workers
The Alberta Federation of Labour responded to the Labour Relations Board decision today to suspend the collection of dues for AUPE health care workers for a two month period by calling the decision "disappointing" and a "slap in the face to workers". The Board ruled on an application to punish AUPE for a strike last year involving 10,000 health care workers.
"Today's decision is a slap in the face to Alberta workers," says AFL President Audrey Cormack. "It sets a dangerous precedent, one that workers must fight."
"This is an extremely disappointing ruling, one that highlights just how badly Alberta's labour law stacks the deck against working people," says Cormack. "Alberta is the only province in the country that allows employers to punish workers in this manner."
Cormack points out that the decision will affect any worker who does not have the right to strike, which is thousands more than any other province. "It is a statement from the government that an individual worker's right to free association will not be respected in this province."
The AFL intends to pursue a challenge to section 112 of the Labour Code as a violation of the Charter of Rights. Section 112 is the section which permits an employer to apply for a suspension of dues. The Board has already set dates for a hearing on these arguments on May 11.
"We intend to intervene in the hearing to argue that the section violates the constitutional right of an individual worker to free association," says Cormack. "We want the section struck down."
Cormack states the AFL's argument that such punitive action allowed under section 112 interferes with a worker's right to association by restricting the ability of the bargaining agent to represent the member. The collection of dues has been found by the Courts to be a protected part of freedom of association, as dues are the vehicle which allows a union to effectively represent their members. If a member is not effectively represented, their rights are breached.
Cormack also points out that the union has already been punished through a court-imposed fine. Any further action is an unjustified interference with workers' rights, Cormack believes.
Cormack says the decision will only further sour labour relations in Alberta. "Alberta's labour laws create poor labour relations by creating an unlevel playing field, this decision tips the balance even further."
"The message to workers today is that your rights won't be respected in this province." Cormack concluded.
For further information contact:
Audrey M. Cormack, President @ 483-3021 wk/499-6530 cell/428-9367 hm
Tories continue to ignore the sacrifices made by majority of public sector workers
EDMONTON - The provincial government's budget does not set aside nearly enough money to cover long-overdue wage increases for the majority of public sector workers, says the Secretary Treasurer of the Alberta Federation of Labour.
"It's great that money is being put in place to boost the salaries of nurses and teachers," says Les Steel. "But they're not the only public sector workers who have made sacrifices over the past seven or eight years. Given the size of the budget surplus, this government could have afforded to pay back all public sector workers, not just a chosen few."
Steel was particularly critical of the government's decision to earmark funds specifically for wage increases for nurses and teachers instead of boosting overall funding for regional health authorities, school boards and other public sector employers.
He warned this approach is similar to the one taken by the Harris government in Ontario, where school boards were given money to finance raises for teachers but not enough to pay for increases for support staff. The result has been bitter a three-week strike by support workers.
"The only way to avoid a similar scenario from playing our here is to make sure public employers have enough funds to negotiate fairly with all of their employees," says Steel, adding that, when inflation is taken into account, most public sector workers in the province are currently earning between 10 and 15 percent less than the did in 1993.
Steel also expressed regret that the government is not using its huge budget surplus "to build something lasting for the future."
"This government is taking oil and gas out of the ground at a record pace. But what will we have to show for it when it's all gone?" he asks.
"The revenues generated by this bonanza could be used to leave a real legacy for future generations. We could be investing in a better system of workplace training and apprenticeship to meet the shortage of skilled workers. We could be investing in a universal, $5-dollar-a-day childcare program that would ease the financial crunch on young families.
"We could be investing in a pharmacare program that brings down they cost of prescription drugs. We could be doing any or all of these things - but instead the government has decided to do muddle along. So in the end, this budget represents nothing more than a tremendous, squandered opportunity."
For more information call:
Les Steel, Secretary Treasurer @ (780) 483-3021
or
Gil McGowan, AFL Communications @ (780) 483-3021
AFL urges Calgary city council to show some movement on transit strike
CALGARY - An agreement to end Calgary's 41-day old transit strike is within reach if city council is willing to show some movement on the key issues of shuttle buses and a wage study for ticketed trades people, says a spokesperson for the Alberta Federation of Labour.
"Those are the two big issues that are still on the table," said AFL Secretary Treasurer Les Steel. "If the political will is there, this strike could be over tomorrow and the drivers could get back to the job of providing top-notch service to Calgarians."
Most Calgarians would be frustrated if they knew just how quickly and inexpensively a deal could be reached, said Steel. He pointed out that the union is now willing to accept an increase in the number of shuttle buses to seven percent of the city's fleet during daylight hours. Previously, they had drawn the line at six percent.
Unfortunately, the city is still refusing to budge from its demand that shuttle buses make up nine percent of the city's fleet. The city is also refusing to consider a wage study to determine if the mechanics, electricians and other ticketed trades people working for Calgary transit are being paid fairly compared to other trades people in the province.
"At the end of the day, this all about fairness and common sense," said Steel. "All the drivers want is an assurance that their jobs aren't going to be put on the chopping block. And all the trades people are saying is that it's going to be hard to recruit and retain people if wages fall below the prevailing provincial average."
Steel says it would cost the city only $187,000 more to operate the transit system under the union's latest contract than it did before the strike. He says that figure pales in comparison to the $6 million that has already been spent on taxi vouchers and the $2 million that the city has spent on advertising.
"Add to that all the overtime wages that are being paid to management personnel and the inconvenience that is being caused to commuters and it becomes clear that the cost of this strike is too high," said Steel. "The time has come for city council to abandon its hard-line position and start treating its employees as respected partners, not adversaries. Now that the union has made a move on shuttle buses, there's a real opportunity to settle this. It's an opportunity city council shouldn't squander."
For information, contact:
Les Steel, Secretary Treasurer @ 780-483-3021(wk)/499-4135 (cell)
New century brings little comfort to working people, says AFL
Edmonton - The year 2000 won't be fondly remembered by the working people of Alberta says Audrey Cormack, President of the Alberta Federation of Labour. Although unemployment was down, there were no other positive indicators for workers in an economy that showed strong growth.
"With the provincial unemployment rate at just 4.8 per cent," said Cormack, "and with exports and the energy, manufacturing and retail sales sectors all showing strong growth, you would expect there to be a real improvement in wages."
Average weekly earnings actually did rise by 3.9 per cent between September 1999 and September 2000, but Cormack doesn't place much credence in the statistic. "Once you realize that average hourly wages basically remained flat throughout 2000, it is obvious that the increase in average weekly wages is attributable to increased overtime work and not to actual wage increases at all," she observed. [Average hourly wages actually declined slightly from $15.66 in January 2000 to $15.63 in August, 2000]
"And," she added, "with the year to year inflation rate at 4.4 per cent in November, it is painfully clear that most Alberta workers are actually making less real income this year than last year."
The continued depression of wage levels is going to create real hardships for working families in the New Year, according to Cormack. "Albertans are just beginning to face the consequences of the Klein government's power deregulation policies," she said. "Let's face it, Alberta is a cold country - and electrical power and gas heating are not simply commodities to Albertans, they are necessities."
Cormack sees no immediate end to the spiraling costs of electricity and heating for Alberta households. "No quick-fix cheques from the government will ever address the intolerable increase in family energy costs," she said. "With wages stagnant, workers are going to be in trouble."
Cormack blames the continued attack on workers rights to organize and bargain collectively for the continued lack of wage gain in the province.
"The year 2000 was marred by several key labour disputes that clearly posed the government on the side of anti-union employers," says Cormack. "The refusal of the government to intervene in the Calgary Herald strike - despite the fact that then-owner Conrad Black publicly announced that he was going to bust the union - sent a clear message to all employers and workers that the provincial government wasn't interested in protecting the rights of Albertans to belong to unions.
Cormack also points to the strike/lock-out at Brewers Distributing Limited where the government refused to check the employers decision to simply contract out long-time unionized workers' jobs to a cheaper non-union company. "In the BDL dispute, the government basically gave employers the green light to contract-out entire operations to evade the democratic rights of unionized workers," says Cormack.
Cormack sees little difference in government activity in the public sector. "Although hospital workers got modest wage increases," she notes, "it was only after an 'illegal' strike - and the government is still seeking punitive damages against the Alberta Union of Provincial Employees for having the audacity to actually stand up for their members."
Things were even worse for non-unionized workers according to Cormack. "The lack of policing and enforcement of the most basic workers' rights contained in the Employment Standards Code is a disgrace," says Cormack. "And, even when offenders are caught and found guilty of violating workers' rights - as in the recent Buffet World case - the courts refuse to take effective action."
"The year 2000 was not a good one for working people," summarizes Cormack, "and things don't look any better for 2001. Costs are rising, wages are depressed, and we are dealing with a chronic shortfall in public services and programs like health care and education which is costing us and our families in many ways."
Nonetheless, Cormack remains hopeful. "I believe that the working men and women of Alberta will not accept the dismal future the Klein government seems to have mapped out for them," she concludes. "We will mobilize and organize to force some real, positive changes in our social and economic circumstances."
For more information please call:
Audrey Cormack, President, AFL @ 780-499-6530 (cell) / 780-428-9367 (hm)