Thursday, January 19, 2012

When the Government of the day orders back to work Legislation>?

What would happen or be the consequence if the employees in a civil disobedience move, refused to go back to work. (i.e. Air Canada %26amp; Canada Post) What about the workers rights? This is still a democracy, right?When the Government of the day orders back to work Legislation%26gt;?
There are several examples of this.



1. Fire and replace them. US air traffic controller's strike is a key example, but it has happened on a much smaller scale in Canada (mostly back in the war years and some industries in the 1960s and 1970s). For example, if the local police don't return to work, you bring in the RCMP or military. Ultimately, there is no right to a job in Canada.



2. Fine them. Most back to work legislation will involve a court order. Judges don't like it when they issue specific orders which aren't upheld. Good example is the early 2000s health care worker's strike in British Columbia. The judge (after a few orders) finally rules that the union was paying people to perform an illegal acts (strike pay) and ordered the court to seize the union assets. The illegal strike ended within days. Worker's rights don't include the right to violate laws.



3. Jail them. Contempt of court is a crime and eventually you can just jail people.



4. Let them stay out and fold that company or business. Air Canada is a great example. It is a private company and while it might be hurtful to the general economy... the government could merely allow them to stay out illegally and allow WestJet and others to pick up the business.



Yes... Canada is a democracy. If people don't like a law (including back to work legislation) then the solution is to vote in another government in a few years who will change the law. Canadians aren't stupid nor shy about replacing governments they don't like. If a government uses back to work legislation people can make up their own minds whether the contract offers were fair, whether the union was asking for too much, whether the government gave them sufficient time to negotiate, whether mediator's recommendations were considered, and whether the union was doing the same. If the public concludes that the government wasn't being fair... they will replace it. The next government can then reopen the contract and renegotiate fairly.When the Government of the day orders back to work Legislation%26gt;?
The nearest example of that I can recall occurred in the USA when then president Reagan ordered the PATCO union members (air traffic controllers) back to work. They went on strike and were dismissed. Our governments are similar in that yours is a parliamentary democracy and we are a democratic republic. I think the comparison is valid in terms of potential results.

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