Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Canada (Ratification: 1972)

Articles 2 and 3 of the Convention. The right of workers and employers to establish and join organizations of their own choosing without previous authorization; their right to formulate their programmes.

Prince Edward Island, Nova Scotia, Ontario: Union monopoly

For many years, the Committee has drawn the Government's attention to the necessity to amend certain provincial laws that designate by name the union recognized as the bargaining agent. The Committee notes with regret that, despite its repeated requests, the Government has provided no information on any measures that may have been taken by the Governments of Prince Edward Island and Ontario. The Committee also notes that the Government of Ontario recently had recourse to this practice, since section 277.3 of the Act to amend the Education Act (Bill 160 having received Royal Assent on 8 December 1997) designates by name the bargaining agents responsible for acting on behalf of one or other of the bargaining units composed of teachers, to the exclusion of supervisors, head teachers, deputy head teachers and lecturers in teacher-training institutions. On the other hand, the Government of Nova Scotia indicates that no changes to legislation in this area are planned, and emphasizes that the Nova Scotia Teachers' Union is not just a union, but a professional body promoting professional development and the education of school students. Under these circumstances, the Committee emphasizes that it has always considered that labour relations systems in which a single bargaining agent can be accredited to represent workers of a given bargaining unit, giving it the exclusive right to negotiate collective agreements and monitor their application and interpretation, is compatible with the Convention. However, the Committee considers that a union monopoly established or maintained by designation of the union in question by name in the relevant legislation contravenes the express terms of the Convention. The Committee is therefore obliged to urge the Governments of these Provinces once again to repeal from their respective legislation (Prince Edward Island: Civil Service Act, 1983; Nova Scotia: Teaching Professions Act; Ontario: Education Act and Teaching Professions Act) the names of individual trade unions, and to keep it informed of any steps taken in this regard.

Federal Government: Restriction to the right to strike and collective bargaining

The Committee recalls that its previous comments concerned the adoption of the Maintenance of Railway Operations Act (C-77) and the West Coast Ports Operations Act (C-74), which ended work stoppages in their respective sectors. The Committee notes with interest the Government's statement to the effect that collective bargaining has been restored in both these sectors, a collective agreement that will remain in force until 31 December 1998 having been concluded in the case of the West Coast ports, while in the case of the railways, the relevant agreements have not all been finalized, although negotiations are in progress. Nevertheless the Committee notes with concern that the new section 87.7 of the Canada Labour Code, which was introduced by the adoption in May 1998 of Bill C-19 (which received Royal Assent on 18 June 1998), stipulates that, in the case of a strike or a lock-out in the long-shoring industry or other federal enterprises, the employees and their bargaining agents are required to continue to provide their services relating to the mooring, casting off and loading of grain vessels at terminal facilities and transfer elevators, and to the movement of grain vessels in and out of port. Recalling that a negotiated minimum service may be appropriate in situations in which, without calling into question the right to strike of the large majority of workers, one might consider ensuring that users' basic needs are met or that facilities operate safely or without interruption (see paragraph 162 of the General Survey on freedom of association and collective bargaining, 1994), the Committee urges the Government to ensure that this provision is not used for purposes incompatible with the principles of freedom of association.

Alberta

The Committee recalls that for a number of years it has been commenting on the need: (a) to repeal the provisions of the University Act which empower the Board of Governors to designate the academic staff members who are allowed, by law, to establish and join a professional association for the defence of their interests; and (b) to introduce an independent system of designation where the parties fail to reach agreement for the purpose of joining academic staff associations.

Noting the Government's information according to which it is the rules of a professional association which determine whether persons who are not members of the academic staff may join the association, the Committee considers nevertheless that the law, by granting the power of designation to the Board of Governors, may restrict the right of certain workers to establish and join organizations of their own choosing. Noting that a case concerning a similar provision in the Colleges Act was examined by the Court of Appeal in October 1997, and that no ruling has yet been handed down, the Committee requests the Government to keep it informed of the outcome of these proceedings.