INDUSTRIAL RELATIONS IN CANADA Third Edition Fiona A. E. McQuarrie Prepared by Kenda Murphy, Saint Mary’s University Chapter 3 History of the Canadian Union Movement Chapter 3 Objectives • At the end of this chapter, you should be able to: Describe the geographic, cultural, economic, and political factors that are relevant to Canada Identify the major events in Canadian labour history Understand the role of craft and industrial unionism in shaping Canadian union structure Discuss how American unions have influenced Canadian unions Identify some of the regional differences in Canadian labour history History of the Canadian Labour Movement • Canadian characteristics that have shaped labour history: Physical geography Cultural mix Economic system – Primary industries – Secondary industries – Tertiary industries (service industries) Political structure Early Canadian Unionism: the 1800s • Informal worker’s groups formed as early as 1827 • The period of local unionism Earliest attempts to organize followed the craft union model which was geographic centred and involved small groups of workers This period sought to protect wages for skilled workers thus controlling their markets Canada's role as exporter increased the demand for quality trades-people’s work Craft unionism deterred widespread unionism because it did not encourage non-skilled workers or non-trade organizations Early Canadian Unionism: the 1800s • An alternative organizing model emerged— industrial unionism Rather than focus on a particular occupational group, focused on “strength in numbers” Maximized power by recruiting as many members as possible, regardless of occupation • The dominance of craft unions led to the expansion of the Canadian labour movement through affiliation with international unions mainly based in the United States (known as the continental movement) Early Canadian Unionism: the 1800s • A philosophical change occurred so that unions began to work on common goals—Nine-Hour Movement (1872) • There was virtually no law in Canada governing industrial relations issues; British government used criminal law to try to curtail union growth • In 1871, Britain passed the Trades Union Act; a Canadian version was later passed Early Canadian Unionism: the 1800s • The Catholic Church in Quebec was accused of interfering with union organizing and membership until the Bishops intervened and smoothed the way • Knights of Labor entered Canada in 1881—first international industrial union to do so • Trades and Labour Congress (TLC) was formed in 1883; it effectively lobbied for legislative reform for all workers The Industrial Age: the Early 1900s • Work evolved from rural-based to factory based • With the prevalence of U.S. owned industries there was an increase in the distance between the employer and the worker – there was resentment by the worker • Federal Conciliation Act (1900) conferred the power to appoint third-party intervenors or commissions of inquiry to help resolve labour disputes • The railways saw union expansion which brought an increase in strikes which encouraged the passage of the Industrial Disputes Investigation Act in 1907 The First World War • The Canadian contribution to the war effort made unionization more attractive to Canadian workers • While unionism was gaining favour, workers felt that their concerns were not being adequately addressed wherein their ability to strike was limited by the expanded powers of Industrial Disputes Investigation Act The First World War Era • The Winnipeg General Strike (May 15,1919) Was the first extended, large-scale general strike involving workers from many different occupations and unions 30,000–35,000 unionized and non-unionized workers walked off their jobs A committee representing employers and all three levels of government attempted to force strikers back to work The First World War Era • The Winnipeg General Strike (1919) (cont’d) Parliament passed emergency amendment to the Immigration Act allowing for immediate deportation of immigrants; broadened the Criminal Code allowing police to arrest on basis of suspicion (and not evidence); and placed the burden of proof of innocence on the accused rather than the state Strike ended June 25 but it did not end well for unions The First World War Era • In Quebec, at the end of the decade, unions gained strength because of the influence of the Catholic Church • In 1921, so-called Catholic unions formed the Confédération des travailleurs catholiques du Canada (CTCC) The CTCC was involved in several high profile strikes, at least one of which (1949) ended well for mineworkers when they were successful in having their demands met In 1961, it became the Confédération des syndicats nationaux (CSN), which still exists today After the War • Canadian unions faced many difficulties after the First World War, including: Widespread unemployment and wage cuts Disunity within the union movement A poor agricultural market, the U.S. stock market crash (1929), and the subsequent Great Depression • In contrast, some positive developments occurred: Skilled workers were still needed and were able to maintain unity “Industrial councils” were formed which included lessskilled workers Communities of ethnic immigrants within occupations created networks for support and information After the War • Snider vs. Toronto Electrical Commission This 1925 ruling by the British Privy Council settled the question of federal and provincial jurisdiction over labour relations Federal government’s jurisdiction over labour relations extended only to federally regulated industries Ruling hampered development of Canadian unions because of setting up federal and provincial labour laws After the War • The Wagner Act (1935) U.S. legislation introduced by President Franklin Roosevelt guaranteed three basic rights to U.S. union members – The right to organize – The right to collective bargaining – The right to strike without employer harassment Employers were forced to recognize a union that had the support of the majority of workers Several provinces adopted similar legislation The Second World War • WW II saw a boom in the Canadian economy with employment increasing along with increased production • The jurisdiction of the Industrial Disputes Investigation Act was expanded in 1939 to allow the government increased control over industrial relations • There was a counter balance found in a strike vote being required to make any strike legal but in return the government introduced wage and price controls • Unionization rates increased significantly during the war but so did strike activity The Second World War • In 1944, the federal government passed P.C. 1003 • It was modelled on the Wagner Act • The significant features of P.C. 1003 were compulsory bargaining and the right of employee representatives to be recognized as certified agents • Similar acts were passed by Quebec and B.C. After the Second World War • After the war there were fears of an economic collapse, but there were more safeguards established by the government than were in place after WW I • The Rand Formula was developed in 1945 Justice Ivan Rand decided union dues would be automatically deducted from every worker’s pay cheque, but that individuals would be allowed to opt out of the union The Rand Formula was being used by 90 percent of Canadian unions by 1950 • By 1950, nearly every province had a labour code After the Second World War • The Asbestos Strike (1949) An illegal strike, supported by Catholic churches and the Archbishop of Montreal Quebec Premier Duplessis sent armed police to community of Asbestos; strikers responded by beating company officials and dynamiting company property May: Strikers, incensed that the company had hired replacement workers, attacked the mines and the police; over 200 were arrested After the Second World War • The Asbestos Strike (cont’d) June: A settlement was negotiated Served notice to the world that the Catholic unions were no less militant than their secular counterparts Marked the end of the formal relationship between the Catholic Church and the Quebec union movement The 1950s and 1960s • Period of growth and development for unions and was remarkably free from labour conflict • The TLC and CCL merged in 1956 to create the Canadian Labour Congress (CLC); the CLC affiliated with the Quebec Federation of Labour (QFL) • The predominantly international unions became increasingly bureaucratized and centralized • Early 1960s saw extensive public sector union organizing but private sector wages and conditions were superior • Federal government passed the Public Service Staff Relations Act in 1965 The 1950s and 1960s • During the same period, para-public sector workers also organized on a large scale • Some joined existing public-sector unions; others joined the Canadian Union of Public Employees (CUPE) • Also during this period, changing technology affected workplaces The 1970s and 1980s • In the early 1970s unemployment and inflation rose, coupled with the emergence of markets external to North America • Unions were blamed for inflation and lower productivity • 1975 saw wage and price controls imposed (for a 3-year period) which resulted in increased strike activity • In 1982, the federal government suspended public servants’ bargaining rights for 2 years The 1970s and 1980s • Early 1980s Canadian economy experienced Increased interest rates to fight inflation Restricted social programs • Legally, the Charter of Rights and Freedoms (1982) provided new guidelines for labour relations • Politically, the election of a Conservative government in 1984 created a hostile atmosphere for unions The 1970s and 1980s • Labour movement also saw internal dissent: The Confederation of Canadian Unions (CCU) presented an alternative to the CLC Construction unions broke away from the CLC to form the Canadian Federation of Labour (CFL) (1982–1997) In 1985 Canadian locals of the United Auto Workers split from U.S. parent union to form the Canadian Auto Workers The 1970s and 1980s • The trend that developed toward Canadian control of Canadian unions has continued to the present day • The demise of the CFL and the CCU has left the CLC and the QFL and CNTU as the major labour federations in Canada Into the 21st • Liberalized international trade was the major event of the 1990s, which includes the North American Free Trade Agreement (NAFTA) of 1992 and Canada’s participation in worldwide tariff reductions per 1994 GATT • Some employers have used NAFTA to move unionized jobs to regions with lower labour costs and non-unionized workers • Politically, the NDP, historically labour’s best friend, declined in political clout Into the 21st Century • Several large-scale labour disputes in last few years NHL lockout in 2004–2005 York University strike 2008–2009 Stora Enso lockout in 2006 Potash Corporation of Saskatchewan strike in 2008 • Technology played a role in several of these disputes and may be an increasingly important factor in labour disputes in the future Into the 21st Century • Another development is the concentrated effort to organize unions in Walmart stores Some certification applications have been successfully filed but there has not been a collective agreement concluded Added to this is that the Supreme Court of Canada indicated that Walmart has been permitted to close its operations for business reasons and not anti-union animus Into the 21st Century • The future can be viewed negatively or positively for unions Negative perspective – Internationalization, the slow decline in unionization rates, and the decline of the NDP could suggest further erosion of unions’ power Positive Perspective – The relative strength of Canadian unions compared to those in the U.S. and the history of adaptability of the Canadian system suggest that the system will continue Copyright Copyright © 2011 John Wiley & Sons Canada, Ltd. All rights reserved. Reproduction or translation of this work beyond that permitted by Access Copyright (The Canadian Copyright Licensing Agency) is unlawful. Requests for further information should be addressed to the Permissions Department, John Wiley & Sons Canada, Ltd. The purchaser may make back-up copies for his or her own use only and not for distribution or resale. The author and the publisher assume no responsibility for errors, omissions, or damages caused by the use of these files or programs or from the use of the information contained herein.