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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body
- 23. At its June 1999 meeting, the Committee urged the Government to make every effort in the future to avoid having recourse to back-to-work legislation in the postal service and suggested that the Government examine the possibility of introducing, in agreement with the trade union concerned, measures, such as negotiated minimum services, in order to avoid recourse to back-to-work laws. The Committee also requested the Government to re-examine the proposal that it have recourse to the assistance of the Office in order to facilitate finding solutions to the difficulties identified, and to provide the Committee with an answer in this regard (see 316th Report, para. 326).
- 24. In a communication of 1 September 1999, the Government affirms its commitment to the principle of free collective bargaining. Regarding efforts to avoid having recourse to back-to-work legislation in the future, the Government states that during the recent review of the relevant provisions of the Canada Labour Code, workers' and employers' organizations were extensively involved in the consultation process, and many of the recommendations came about as a result of consensus. The Government states further that according to a report of the Task Force reviewing the legislation, both business and labour agreed that the system generally works well. On the issue of negotiated minimum services, the Government points out that with effect from 1 January 1999, revisions to the Canada Labour Code were proclaimed, including provisions governing the maintenance of activities that are to be continued during a legal strike or lockout. The legislation requires that the employer and trade union reach an agreement on the s
- upply of services, operation of facilities or production of goods necessary to prevent an immediate and serious danger to the safety or health of the public. Failing agreement, the question may be referred by either party or the Minister of Labour to an independent, quasi-judicial tribunal (the Canada Industrial Relations Board). In response to the Committee's request that the Government re-examine the proposal that it have recourse to the assistance of the Office, the Government, while acknowledging the concerns expressed by the Committee, states that in light of its continuing commitment to the principle of free collective bargaining and the extensive recent revisions to the Canada Labour Code, there is no need for a direct contacts mission or other ILO assistance.
- 25. The Committee takes note of this information. With respect to the Committee's recommendation urging the Government to make every effort in the future to avoid recourse to back-to-work legislation in the postal service, the Committee notes that the follow-up information provided by the Government is very general in nature, relating to the overall industrial relations system rather than the specific situation in the postal service. Given that this is not the first instance of back-to-work legislation being imposed in the postal sector in Canada, the Committee would urge the Government to make every effort in the future to avoid having recourse to back-to-work legislation in this sector specifically. Concerning negotiated minimum services in the postal service, the Committee notes the recent amendments to the Canada Labour Code highlighted by the Government. The Committee observes, however, that the provisions apply to essential services in the strict sense of the term, which in the view of the Committee wo
- uld not include the postal service (see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 545). The Committee, therefore, again suggests that the Government examine the possibility of introducing, in agreement with the trade union concerned, measures, such as a negotiated minimum service, in order to avoid recourse to back-to-work legislation in the postal service, and requests the Government to keep it informed in this respect.
