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Bill C-39 and the right to strike: Letter from COPE President Annette Toth to Prime Minister Carney

Dear Prime Minister Carney:
Re: Bill C-39 and the right to strike

On behalf of the Canadian Office and Professional Employees Union (COPE), I am writing to express our disappointment over, and opposition to, the proposed amendments to the Canada Labour Code in Bill C-39 that, in particular, would oppressively hinder the fundamental and protected right of workers in Canada to strike.

COPE is a national union representing office, professional, technical and sales employees across Canada. Our members work in both the public and private sectors, including workers at Seaspan in British Columbia. As marine transportation is federally regulated, these changes could directly affect our members and their ability to exercise their rights at the bargaining table.

This is not an abstract issue for our union. It is a direct threat to workers in federally regulated industries and to the balance of power that makes collective bargaining meaningful.

Your government may describe these amendments as modernizing collective bargaining and protecting the right to strike. But that language cannot disguise the new powers Bill C-39 would give the federal Labour Minister to intervene in legal work stoppages, including directing the Canada Industrial Relations Board to order workers back to work, extend collective agreements, or impose binding dispute resolution.

These changes would weaken workers’ bargaining power and undermine a fundamental right protected by the Canadian Charter of Rights and Freedoms.
That is especially troubling at a time when your government is calling on Canadians to stand up for Canada in the face of American economic pressure.

We believe this legislation risks selling out Canadian workers’ rights and freedoms to big American corporate interests, at the direct expense of working people across this country.

That is not what putting Canada first should mean.

Canadian workers are already facing a cost-of-living crisis. Weakening their ability to withdraw their labour puts downward pressure on wages and working conditions and reduces workers’ ability to negotiate fair and safe workplaces.

When workers strike, they are not simply acting for themselves. They are exercising a fundamental democratic and collective right to demand fair wages, safe working conditions, and respect at work. Taking that leverage away weakens collective bargaining for everyone.

Prime Minister, you have asked Canadians to have their elbows up in the face of American economic pressure. But workers cannot have their elbows up against the United States while having their hands tied behind their backs at the bargaining table.

We also want to be clear about what will happen if your government proceeds. COPE will join others across the labour movement in pledging to defy what we believe would be an unconstitutional violation of workers’ Charter rights. We will not stand by while hard-won rights are stripped away from Canadian workers.

You have the authority to change course.

COPE is calling on you to shelve these proposed changes and remove the Canada Labour Code amendments from Bill C-39 entirely. We are also calling for the Section 107 of the Canada Labour Code to be repealed entirely.

We are asking you to stand with Canadian workers and protect, rather than restrict, the fundamental right to strike.

We welcome the opportunity to meet with you, the Minister of Labour, or your government representatives to discuss the concerns of COPE members, including our members at Seaspan and in other federally regulated industries.

Sincerely,

Annette Toth
National President
Canadian Office & Professional Employees Union