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The Alberta Federation of Labour today reacted to news that Human Resources Minister Mike Cardinal has backed away from a promise to hold a public consultation on first contract arbitration by calling the backtrack perplexing and disappointing.

"In the aftermath of the Lakeside Strike, the Minister was listening to our sound arguments about first contract arbitration," says AFL President Gil McGowan. "He promised to establish a consultation. Now, a scant three months later, the promise goes up in flames. It is very disappointing."

"I would like to say it surprises me, but the Conservatives show time and time again that they have no interest in finding practical solutions to labour relations problems. It is frustrating."

First contract arbitration is a provision in labour law that allows for binding independent arbitration to settle disputes over a first collective agreement that have become bogged down. The provision is proven to reduce the number of strikes and prevent the kind of violent picket lines we saw in Brooks last fall. In 2002 alone, 41 strikes in four provinces were avoided due to first contract arbitration. Alberta is one of only three provinces without the provision.

"It is perplexing that this government will not consider an amendment that could bring workplace peace and reduce the chances of another Lakeside," notes McGowan. "It is particularly disappointing that Mike Cardinal is backtracking on his promise to consult with Albertans. They should at least talk to the public."

In November, Mike Cardinal promised a "pretty intensive consultation with the public" (Calgary Sun, November 6) on first contract arbitration.

McGowan says the AFL won't give up easily. They will continue to lobby MLAs and make the argument that first contract arbitration is an idea that works for all parties - including employers and the government.

"We will continue to talk about this issue and get it put on the agenda, one way or another."

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For more information contact:

Gil McGowan, AFL President at 780.915-4599 (cell)

Gil McGowan, President of the Alberta Federation of Labour, November 14, 2005

Good morning and welcome.

My name is Gil McGowan and I'm the president of the Alberta Federation of Labour.

We're here today largely because of a strike that captured public attention not only here in Alberta, but across the country.

It was a strike that shocked us; angered us; and pulled at our heart strings.

It was also a strike that did not have to happen. In fact, it was a strike that would not have happened in almost any other Canadian jurisdiction.

The strike I'm talking about, of course, is the strike that recently came to an end at the Lakeside meatpacking plant in Brooks.

For those of us in the Alberta labour movement, the Lakeside strike was significant because it was about rights that most working people take for granted.

Like the right to go to the bathroom when you need to.

Like the right to see a doctor when you're injured on the job.

Like the right to actually get paid for all the work you do.

But the Lakeside strike was also important because it highlighted a major weakness in our province's system of labour laws.

In particular, the Lakeside strike reminded us of what happens when you have laws with loopholes.

It reminded us of what happens when you have laws that ignore easy-to-predict problems - and laws that don't give people "on the ground" the options they need to deal with problems.

That's why we're here today - to talk about the lessons of Lakeside - and how we can learn from those lessons.

The big lesson that we think needs to be taken from the experience at Brooks is that we need some form of first contract arbitration here in Alberta.

It's commonly known in labour relations circles that first contracts are the most difficult contracts to negotiate - mostly because the two sides haven't built a relationship. They haven't yet found ways to live together and to prosper together. This often leads to hostility and conflict.

Recognizing this problem, most provinces have adopted laws that provide for an independent third party to step in and settle first contract disputes when they've bogged down and have the potential to get dangerous.

The federal labour code makes provisions for first contract arbitration. So do the labour codes in B.C., Saskatchewan, Manitoba, Ontario, Quebec, Newfoundland and Prince Edward Island.

Eighty percent of Canadians live in jurisdictions that have first contract arbitration. Only Alberta, Nova Scotia and New Brunswick don't have it.

The reason so many provinces have chosen to adopt these laws is because they make sense - and because they work.

I think we can all agree that the goal in labour relations should be to settle disputes and reach fair agreements without recourse to nasty strikes. If that's the goal then the record from provinces that have first contract arbitration speaks for itself.

In 2002, the last year for which complete statistics are available, 41 first-contract strikes were avoided in B.C., Saskatchewan, Manitoba and Ontario alone. 41 strikes that could have been ugly like the strike at Lakeside didn't happen because of first contract arbitration.

The really frustrating thing about our Labour Code here in Alberta is that it actually encourages confrontation. Under the Alberta Code, if no collective agreement has been reached 10 months after a union has been certified, an application to decertify that union can be filed. So for employers who want to bust the union, all they have to do is drag their feet in bargaining, wait for the clock to run out, and then push for a decertification vote.

Union members know this - so when they strike for a first agreement, those strikes tend to be even more bitter and acrimonious than usual because they are literally strikes for survival.

First contract arbitration would allow us to avoid this kind of bitterness and conflict. It would promote negotiation and discourage confrontation.

That's what happens in provinces that have first contract laws. Just knowing that an arbitrator could step in and impose a deal, encourages the parties to negotiate. In the 41 cases I mentioned earlier of strikes that had been avoided in other provinces, 31 were actually settled through negotiation after the arbitration process had been started because the parties wanted to avoid an imposed deal.

So the evidence shows that first contract arbitration works and makes good policy sense. But, you know what? It also makes good politics.

Near the end of the Lakeside strike, the AFL and the United Food and Commercial Workers commissioned a large province-wide poll of 800 Albertans.

The results of that poll are in your press kit. What it showed was that 61 percent of Albertans supported the idea of bringing first contract arbitration to Alberta. Even among self-identified Tory voters, more than 60 percent said they either supported or strongly supported the idea.

So when people ask me: can we avoid future Lakesides? I say: you bet we can!

There's a mechanism out there that we know can help us cool temperatures in first agreement disputes. It's been tested and proven in other provinces. And it's supported by the majority of people here in Alberta. First Contract Arbitration is a good idea whose time has come. All that's missing is the political will to put it into practice.

If we had first contract arbitration in Alberta we could have avoided Lakeside.

We could have avoided the $1.8 million tab for policing.

We could have avoided the picket line clashes.

We could have avoided the smash-up derby that almost killed the union president.

We could have avoided the anxiety and financial losses sustained by the ranching community.

We could have avoided splitting the town of Brooks down the middle.

And it's not just about Lakeside. Over the past few years there have been other nasty first contract disputes that also could have been avoided. Like the Shaw Conference Centre Strike in Edmonton. Like the Calgary Herald strike in Calgary.

The bottom line is that our labour law is broken and it needs to be fixed. If we don't seize this opportunity and take advantage of the momentum that's been building behind the idea of bringing first contract arbitration to Alberta, then it's not a question of "if" we're going to see more Lakesides, it's just a question of "when."

That's why the Alberta Federation of Labour is launching this campaign today. It's a campaign that's supported by most of the major unions in the province including, to name just a few: the United Food and Commercial Workers, who represent the workers at Lakeside; the United Nurses of Alberta; the Health Sciences Association of Alberta; the Canadian Autoworkers; the Communication Energy Paperworkers union; the Canadian Union of Public Employees, the Alberta Teachers Association and the Alberta Building Trades.

Starting today, we will be running radio ads across the province urging our provincial government to bring first contract arbitration to Alberta.

We will be distributing leaflets to the public. We will be meeting with groups outside the labour movement and urging them to get on board. We will be talking to the media. We will be lobbying MLAs.

The good news is that we've off to a running start. As most of you know, some members of government are already talking about first contract arbitration.

Lyle Oberg has said it might be a good idea. Premier Klein said it might be a possibility. And just last Thursday I met with Human Resources Minister Mike Cardinal and he gave me his personal commitment that public hearings will be held on the issue.

I've also been given a date in February to appear before the government's standing policy committee on Education and Human Resources to make the case for first contract arbitration.

All of this is encouraging. But, given this government's track record on labour issues, we know we can't simply wait for members of cabinet to do the right thing.

The only reason first contract arbitration is even the table right now is because Lakeside was on the front page almost constantly for more than a month. Politicians move when they feel the heat - and with this campaign we hope to keep the heat on.

In the end, what we're asking for is a relatively small change. We've included excerpts from other provincial labour codes in your press kits - so you can see that this issue can be dealt with in as little as half a page. With the Legislature reconvening tomorrow, I can't think of a better time to fix the problem that has been so dramatically highlighted for us by the strike at Lakeside.

First contract arbitration won't eliminate all strikes. But it will help us avoid some of the worst strike - the ones most likely to spill into the streets and onto the front pages.

It's a small change, but one that - if implemented - could go a long way to promoting workplace peace in the province. And that's a goal we think is worth striving for.

Given the lessons that we've learned from Lakeside, we think the time has come to fix about Alberta's broken labour law. The time has come to support the change that brings workplace peace. The time has come to bring first contract arbitration to Alberta.

Thank you.

In the wake of the bitter Lakeside Packers strike, the Alberta Federation of Labour (AFL) today launched a new campaign to urge the government to implement first contract arbitration in Alberta [click here for first contract arbitration leaflet and Lakeside Packers leaflet.]

"We want to prevent future Lakesides," says AFL President Gil McGowan. "The best way to prevent ugly strikes over first agreements is to implement some form of first contract arbitration. As we say in our campaign slogan: "It's the change that brings workplace peace - and we're going to do everything we can to bring it here to Alberta."

In other provinces first contract arbitration is used when the two parties are unable to come to an agreement over a first collective agreement. It allows the government to appoint an objective third party to craft a contract that is binding on both parties. It applies only for first contracts, which are commonly acknowledged to be the most difficult contracts to reach.

"If Alberta had first contract arbitration, there would have been no strike at Lakeside," says McGowan. "Unfortunately, it took a bitter strike to reach a resolution that could have been found at a bargaining table. We need to change the law."

The AFL campaign, will consist of the following elements:

• Radio ads which start today on radio stations across Alberta
• A mass-produced leaflet asking Albertans to lobby the government
• A presentation to the Provincial Government's Standing Policy Committee on Education and Employment
• Meetings with Minister Cardinal and other government officials

The AFL also released the results of a poll on first contract arbitration. More than 60% of Albertans support some form of first contract arbitration. Even among conservative party voters more than 60% indicated they support the idea.

"The case is strong. It works in B.C. and Ontario and Manitoba to prevent ugly strikes. Albertans support it and are calling for it," adds McGowan. "The legislature session begins tomorrow - I can't think of a better time to fix a gaping hole in our labour law."

"We have seen this kind of strike too often in Alberta - from the Calgary Herald to the Shaw Conference Centre in Edmonton and now Lakeside. Clearly something needs to change."

Alberta is one of only three jurisdictions in Canada without first contract arbitration (along with New Brunswick and Nova Scotia). In provinces with the provision, its existence encourages the parties to resolve their disagreements at the bargaining table, and allows for a final course of action to prevent a strike.

"No one liked what we saw at Lakeside, but thankfully it is resolved. Now the government needs to make sure it doesn't happen again."

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For more information contact:

Gil McGowan, AFL President at 780.915-4599 (cell) or 780.483-3021 (wk)

AFL president Gil McGowan has written a letter to the RCMP praising them for the approach they took to policing the recent Lakeside Packers strike in Brooks.

In a letter to Superintendent Bob Boyd of the RCMP's Calgary District office, McGowan said that without the neutral, impartial and even-handed approach adopted by the RCMP "a bad situation could easily have gotten worse."

McGowan thanked the RCMP for recognizing and respecting the fact that the strikers had a legitimate, democratic right to be on the picket line. He also commended the Mounties for actively seeking out "best-practice" models for policing labour disputes from other jurisdictions and incorporating them into their policy for Brooks.

"After looking at what happened in Brooks, I would like to strongly encourage you to adopt the RCMP's "Brooks policy" as the formal policy for policing all labour disputes in Alberta," wrote McGowan.

"I would also encourage you to share your experiences with other city and regional police forces in the province. Some of these forces - most notably the Edmonton Police Service - already have thoughtful labour policies in place. But I think everyone could benefit from the lessons that you learned in Brooks."

The Alberta Federation of Labour is Alberta's largest union organization, representing 120,000 workers from 29 different unions.

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For more information contact:

Gil McGowan, AFL President at 780.915-4599 (cell) or 780.483-3021 (wk)

The Alberta Federation of Labour today applauded the union at Lakeside for reaching a tentative agreement with Lakeside Packers in Brooks, but pledged to continue to pressure the government for first contract arbitration laws.

"The fact that Tyson Foods and Lakeside management actually agreed to terms with the United Food and Commercial Workers (UFCW) 401 demonstrates how much public support the workers at Lakeside had won," says AFL President Gil McGowan. "If this settlement is ratified, it will be a giant first step toward justice for the Lakeside workers and it will also provide some much-needed assurance of dependability for Alberta's cattle industry."

"But we have to put all of this in perspective," says McGowan. "The really frustrating thing is that this is a strike that didn't have to happen in the first place. All the picket line clashes, all the tension, all the economic damage could have been avoided if Alberta had first contract arbitration like other provinces."

"So, while we're all relieved that a settlement is in sight," says McGowan, "this whole situation has highlighted the fact that we have a real problem with labour laws in this province. By allowing employers to simply refuse to bargain with duly and democratically elected unions, our laws actually provoke the kind of confrontation that we've seen in Lakeside."

McGowan warns that future crises are inevitable without government action. "The sad truth is that under our labour laws there are no real consequences for companies who bargain in bad faith, says McGowan. "So if something is not done to change the law, we're going to see more Lakesides in the future. It's not a question of 'if,' it's a question of 'when'."

McGowan insists that Albertans cannot let the provincial government off the hook on their promise to look at first contract arbitration laws for Alberta and promises that labour intends to keep the pressure on the government. "This issue can not simply be allowed to disappear until we are in the middle of the next labour relations crisis," says McGowan.

McGowan suggests that for today, however, the UFCW and the labour movement can take the time recognize they have won an historic victory. "UFCW and the Lakeside workers have made a breakthrough today that paves the way for a better future for them and their families," concluded McGowan. "If ever there was a group of people who need the kind of protection that a union contract can bring, this is it. They stood up to one of the U.S.'s biggest corporate heavyweights, and they got them to agree to a contract. My hat is off to them."

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For more information contact:

Gil McGowan, AFL President at 780.915-4599 (cell) or 780.483-3021 (wk)

EDMONTON - The President of the Alberta Federation of Labour, Gil McGowan, today released the following statement regarding the car accident last night that killed two striking Lakeside workers, and injured four others:

"On behalf of the labour movement in Alberta, I wish to extend our deepest sympathies to the families and friends of the two workers killed last night. At this moment of shock and grieving, we wish to say to everyone in Brooks, and in particular to those closest to the two killed workers, that you are not alone in your suffering. We are all in shock at the tragedy that occurred last night. Please know, in this moment of your suffering that the labour movement continues to stand with you - on your picket line and in your moment of grieving.

This accident affects the whole community of Brooks, but it also affects workers across the province. I can say with confidence that the members of the AFL are willing to assist you in any way possible to help you through this difficult time.

Our thoughts are with you today."

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For more information contact:

Gil McGowan, AFL President at 780.915-4599 (cell)

The Alberta Federation of Labour responded to an Alberta Labour Relations Board (LRB) decision handed down today banning two high-ranking managers from the picket line, any strike-related activity and from any future negotiations. The AFL says the "unprecedented" decision highlights the outrageous behaviour of Tyson's managers at Lakeside, and should prompt the government to step in.

"Lakeside's Manager of Human Resources has been banned by the LRB from negotiating with the union or even having any contact with the union," says AFL President Gil McGowan. "This speaks volumes about Tyson's approach to bargaining. Rather than trying to get a deal, one of their lead negotiators is running the union leader off the road."

"This decision is unprecedented. The LRB never bans employer representatives from strike activity," notes McGowan. "The actions of these two men were so outrageous that the LRB felt it had to ban them. This is a huge statement."

The LRB ruled that Andrew Crocker, head of security for the plant, and Carey Kopp, Human Resources Manager, "deliberately pursued a vehicle driven by Doug O'Halloran & putting the lives of O'Halloran and other drivers on the road in danger." (page 2 of decision) It ordered both Kopp and Crocker to desist from any contact with strikers or union officials, to not be within 200 metres of the picket line, or to engage in any dispute-related misconduct. It also banned both men from being present during any negotiations. The LRB decision is available on-line at http://www.alrb.gov.ab.ca/decisions.html.

"How can we expect the union to sit down at a table with people who, directly or indirectly, just tried to injure the union president?" asks McGowan. "There is no hope of good faith bargaining from Tyson given this incident."

McGowan renewed the AFL's call for the government to step in to resolve the strike. "How much more evidence do they need that Tyson is not interested in negotiating a resolution? This company has no intention of signing a collective agreement. The government needs to intervene to protect the democratic rights of these workers."

"What does it take for workers to be protected in this province? Do we need to see more illegal acts?" wonders McGowan.

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For more information call:

Gil McGowan, AFL President at 780.915-4599 (cell) or 780.483-3021 (wk)

EDMONTON-The Alberta Federation of Labour (AFL) responded today to reports that four officials from Lakeside Packers - including the plant's former CEO, Garnet Altwasser, and the current farm operations manager, Patrick Gummeson -  have been charged in relation to an incident where UFCW President Doug O'Halloran's truck was brutally forced off the road by three other vehicles.

O'Halloran was hospitalized and is now at home recovering from injuries sustained in the crash.

"You expect to see this kind of vigilante action only in movies like Mississippi Burning," says AFL President Gil McGowan. "This proves that Tyson thinks it can do whatever it wants."

"This is just the latest in a long string of arrogant and outrageous actions by this employer," observes McGowan. "We've heard stories of intimidation, threats and bullying. And now, apparently, they're willing to put someone's life at risk."

McGowan puts a large portion of the blame for this incident at the feet of the government. "It has done nothing to try to resolve this dispute, despite repeated calls from the union, community leaders and the AFL."

"Alberta's labour laws create an environment where employers think they can get away with any action in the name of busting a union - because Alberta's labour law does nothing to stop them," notes McGowan. "The Lakeside strike is living proof that Alberta needs first contract arbitration."

First Contract Arbitration, common in other provinces, sets up a process of binding arbitration in cases where a group of workers are attempting to get their first contract with an employer and there is a stalemate.

"The hardest collective agreement to get is the first one. This is because many employers decide to bust the union rather than negotiate fairly. First Contract Arbitration is a way to prevent virulently anti-union employers from thwarting the democratic rights and wishes of its workers. It also gives both sides an incentive to bargain in good faith because they know the government or the labour relations board will step in if they don't. Here in Alberta, without first contract arbitration, there is none of that positive incentive - and we're seeing the results."

In light of the charges, McGowan renewed his call for the Premier and the Human Resources minister to step in to resolve this dispute. "We need action from Ralph Klein to bring this strike to a swift end - before anyone else gets hurt. And we need first contract arbitration to make sure it never happens again."

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For more information call:
Gil McGowan, AFL President   at (780) 915-4599

In a letter faxed to Human Resources and Employment Minster Mike Cardinal today, the Alberta Federation of Labour (AFL) has proposed a fast and fair way to resolve the dispute at Lakeside Packers in Brooks, Alberta.

"We have provided the Minister with a blueprint for a fast, fair settlement of the dispute," says AFL President Gil McGowan. "Our proposal is simple. The Minister has in his hands the settlement suggested by impartial Disputes Inquiry Board Chair John Moreau. He has the last offer by the employer, Tyson Foods, Ltd of Arkansas. Now he need only appoint an arbitrator to conduct a final-offer selection and create a binding collective agreement."

In final-offer selection, the arbitrator simply picks the most fair and reasonable of the two opposing positions on each outstanding issue and writes that position into a new collective agreement.

"If the government is willing to act on our suggestion, this dispute could be fairly and peacefully resolved in a matter of days," says McGowan. "The union, United Food and Commercial Workers Local 401, has already indicated that it is willing to abide by this resolution process. The alternative is an increasingly bitter dispute with a company which has already shown that it is willing to provoke violence on the picket lines by trying to bus strikebreakers through picketers."

McGowan has experienced the picket-line tensions at Lakeside personally. He and the entire Executive Council of the Alberta Federation of Labour have moved their quarterly meeting to Brooks for this week.

"Other provinces have banned the use of strikebreakers specifically to put an end to violent confrontations on picket lines," concludes McGowan. "In the absence of that, and in the best interests of both the Alberta beef producers and packing house workers for a quick, fair settlement, I urge Mr. Cardinal to act immediately."

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For more information contact:

Gil McGowan, AFL President at 780.915-4599 (cell)

EDMONTON-The AFL today reacted to Tyson Food's rejection of the Disputes Inquiry Board (DIB) recommendations to resolve the Lakeside Foods dispute by calling on the Minister to use the full authority he possesses as the Human Resources Minister to find a resolution to this dispute.

"Right now, most people think there are only two options to resolve this dispute � accept the DIB or suffer a prolonged strike," says AFL President Gil McGowan. "There is a third option. The Minister can take a leadership role and use his powers to pressure Tyson to find a settlement."

The AFL sent a letter to the Minister this morning asking for a meeting and urging him to take a more active role in the dispute.

"If a long strike hits Lakeside, it has the potential to send our beef producers reeling," says McGowan. "After BSE, the industry is just getting back on its feet, and it is still very fragile. Disruption to Alberta's largest beef processing plant could do irreparable harm to ranchers and farmers still struggling under mountains of debt and facing rapidly rising energy costs."

"The Minister needs to step in," observes McGowan. "Tyson is unmoving. They are sending a clear signal that they have no intention of trying to find a resolution. This is unacceptable."

"In other provinces, the government has the ability to impose a first collective agreement if either party is being intransigent," notes McGowan. "Legislation allowing this in Alberta would go a long way to preventing situations such as Lakeside. But in the meantime, the least the Minister can do is step into the dispute and help find a solution."

In July, on the verge of a strike, the Minister appointed a one-person DIB to try to find an acceptable compromise at the packing plant. The Report was given to the parties last week. The union, UFCW 401, voted in favour of the recommendations. Yesterday, Tyson indicated it considers the recommendations "too generous", and has rejected them. The union is in a legal position to go on strike with 72 hours notice.

"The Minister can sit on his hands and watch Brooks blow up in the next couple of weeks, or he can take a leadership role and find a way to settle this dispute. His choice," McGowan concludes.

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For more information contact:

Gil McGowan, AFL President at 780.915-4599 (cell)