INDUSTRIAL RELATIONS IN CANADA Fiona A. E. McQuarrie Prepared by: Tom Barrett Chapter 3 History of the Canadian Union Movement Opening Vignette: The Miners’ Meeting • United Mine Workers of America strike, Vancouver Island, 1913 • The local militia leader, Colonel Hall, surrounded the hall where miners were meeting and placed machine guns at the back door • Following a report that there were weapons in the hall, the Colonel gave the miners two minutes to clear out; he later extended this to one hour Opening Vignette: The Miners’ Meeting • At the end of the meeting, after they had voted to accept the company’s offer, the miners were marched out of the hall, guarded by soldiers with fixed bayonets • Forty-three miners were detained; the rest were kept under guard until 2 a.m. No ammunition was found 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 Canadian Labour Movement • Union history in Canada has been marked by conflict between different cultures, classes, and regions • Several distinct characteristics of Canada have helped shape its labour history History of Canadian Labour Movement • Canadian characteristics that have shaped labour history: – Physical geography • Canada's large size meant most early unions were local or regional • Resource-based industries hampered union organizing • Proximity to U.S. influenced Canadian unions – Cultural mix • Immigrants with organizing experience helped develop Canadian unions • However, unions have not always responded well to culturally diverse workforces History of Canadian Labour Movement – Economic system • Historically based in primary and secondary industries, but toward the end of the 20th century, role of tertiary (or service) industries had grown • Reliance on trade has challenged unions – Political structure • Division between federal and provincial jurisdictions has allowed for experimentation and reform Early Canadian Unionism: the 1800s • The period of local unionism – Earliest attempts to organize were limited to specific geographic areas and small groups of workers—usually in one trade; known as the craft union model – Two main reasons: • Size of Canada • The need to protect wage rates for workers in skilled trades – Canada's role as exporter also contributed Early Canadian Unionism: the 1800s • Informal workers' groups formed as early as 1827 • First formal unions emerged around the same time; historians differ on which one was the first Canadian union • Prevalence of craft unionism initially inhibited any wider union growth; did not encourage alternative model, known as industrial unionism • Industrial unionism – Focuses on “strength in numbers” • Maximizing power by recruiting as many members as possible, regardless of their occupation Early Canadian Unionism: the 1800s • Due to the dominance of craft unions, the next major expansion of the Canadian labour movement came through affiliation with international unions, usually based in the U.S. • Mid- and late-1800s saw the continental movement of U.S.-based unions entering Canada • Restricted primarily to Ontario and other regions with trade links to the U.S. • Late 1800s: – unions began to cooperate, e.g., the Nine-Hour Movement (1872); employers resisted the movement, resulting in Toronto typesetters' and printers' strike Early Canadian Unionism: the 1800s • The Nine-Hour Movement and the Toronto typesetters' and printers' strike • At the time, there was almost no Canadian legislation addressing industrial relations issues • The British government had used “criminal conspiracy” or monopoly laws to block union organizing until 1871, when it passed the Trades Union Act, establishing the right of workers to organize a union Early Canadian Unionism: the 1800s • Similar monopoly laws were used in Canada to arrest and charge 24 leaders of the Toronto strike; charges laid by George Brown, publisher of the Globe newspaper and an enemy of Prime Minister Sir John A. Macdonald • Macdonald adopted a Canadian version of Trades Union Act to punish Brown; while the charges were dropped, the Nine-Hour Movement was broken Early Canadian Unionism: the 1800s • The Nine-Hour Movement led to the formation of the first federations of trade unions, the Canadian Labour Union (1873) and the Trades and Labour Congress (TLC) – The TLC: • Was formed in 1883 • Lobbied for reforms to labour legislation that would benefit all workers • Remained a national force in the Canadian labour movement for the next 70 years Early Canadian Unionism: the 1800s • The Knights of Labor – First international industrial union to enter Canada (1881) – Organized workers in occupations that Canadian unions considered too challenging, such as railway work, mining and other resource industries – Organized women and minority workers – Denounced by a papal letter in Quebec; the letter was rescinded in 1887 The Industrial Age: the Early 1900s • Work in Canada continued to evolve from rural-based, individually controlled work to urban, factory-based • U.S. ownership of Canadian industries exacerbated the effects of separation between capital and labour • U.S. union organizers came to Canada to recruit members • Federal Conciliation Act (1900) created federal department of labour; gave it power to appoint thirdparty intervenors or commissions of inquiry • 1902 - The TLC elects a craft union member for president; expels Knights of Labor and national unions The Industrial Age: the Early 1900s • An active economy created high demand for workers, allowing them to press for better wages and working conditions • Railways were expanding rapidly and became a target for organizers, leading to several major railway strikes • American unions representing railway workers in some cases sided with owners—an indication that the continental movement might have negative implications for Canadian workers The Industrial Age: the Early 1900s • Railway strikes led to passage of Industrial Disputes Investigation Act (1907); the act: – Required that industrial disputes under federal jurisdiction be submitted to a neutral third party – Introduced principles that are still present in many current Canadian labour laws The Industrial Age: the Early 1900s • In Atlantic Canada, unions had been more active in organizing less-skilled and non-craft workers than in central Canada • Atlantic Canada saw 411 strikes between 1901 and 1914, most of them by coal miners, represented by the Provincial Workmen's Association • 140 of those strikes were by associations of unskilled labourers The Industrial Age: the Early 1900s • Economic growth lasted until about 1914, when U.S.-based unions made up about 80 percent of total Canadian union membership • U.S. domination was partly due to the Industrial Workers of the World (IWW), the “Wobblies” • IWW was similar to Knights of Labor in philosophy and strategy, but had a more socialist orientation, advocating general strikes as a means of creating a new, egalitarian society The First World War • The advent of the war made unionization more attractive to Canadian workers – Increased production that was needed to supply the war effort put pressure on workers to produce more for the same pay – Continuing mechanization of production further reduced the market value of skilled craftspeople The First World War • The First World War – The federal government expanded the jurisdiction of the Industrial Disputes Investigation Act to include munitions industries, which limited the ability of workers in those industries to strike • Many workers felt existing unions were not adequately addressing workers' concerns, e.g., by not formally opposing conscription. This drove some to more radical unions, such as the U.S.-based One Big Union (OBU) The First World War • Two events demonstrate the extreme divisions between workers, government and employers: – Albert “Ginger” Goodwin, B.C. labour organizer, was shot and killed by a Dominion Police officer; his death led to a one-day general strike in Vancouver – The Winnipeg General Strike (1919) was the first extended, large-scale general strike involving workers from many different occupations and unions The First World War • The Winnipeg General Strike – This strike began when 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 – Winnipeg mayor fired the entire city police force; police were replaced with volunteer “special constables” – Parliament passed emergency amendment to the Immigration Act allowing for immediate deportation of immigrants; also broadened the Criminal Code allowing police to arrest on basis of suspicion, rather than evidence; burden of proof was placed on the accused The First World War – Eight strike leaders were arrested and charged – Royal Northwest Mounted Police broke up strikers’ protest march on June 21; two people were killed and 30 seriously injured – Strike ended June 25; strike leaders realized their objectives couldn’t be accomplished due to opposition from government, business, and employers – However, it was a turning point in the Canadian labour movement – OBU began to wane as infighting rose and many members found themselves unable to pay dues 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 became increasingly militant toward the “practised ethnocentrism” of American-owned firms The First World War Era • The CTCC was involved in several high-profile strikes, including the 1949 Asbestos strike, which was seen as a victory against U.S. firms and the Duplessis government • In 1961, it became the Confédération des syndicats nationaux (CSN) or, in English, the Confederation of National Trade Unions (CNTU), which exists today After the War • Canadian unions faced many difficulties after the First World War, including: – Widespread unemployment and wage cuts – Disunity within the 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 and included less-skilled workers – Communities of ethnic immigrants within occupations created networks for support and information After the War • During the Depression, unemployed workers banded together to lobby for improved “relief payments”; also demanded better conditions in government-run “relief camps” • Two major events demonstrated the extent of resistance to the relief camps – The “On to Ottawa Trek” (1935), which ended in a violent clash with RCMP in Regina – “Bloody Sunday,” the Vancouver post office riots (1938) After the War • The Canadian Communist Party became an attractive political alternative for some disillusioned workers; the party promoted unionism as a way to transform capitalism • In 1927, the Communist Party launched the All-Canadian Congress of Labour, the first major alternative to the TLC as a national federation for Canadian unions 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 organizing was more difficult under varying 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 – This act was the model on which many Canadian labour codes were based and contains principles that are still present in Canadian labour laws After the War • The Congress of Industrial Organizations (CIO) – Founded in the U.S. in 1935 to represent workers in massproduction industries and to organize unorganized workers – Clashed with the American Federation of Labor (AFL) – AFL instructed the TLC to expel Canadian unions linked to CIO affiliates, which it did reluctantly – The CIO opened a Canadian office in 1937 and organized steelworkers, autoworkers, and other production workers • Also during the Depression, the Co-operative Commonwealth Federation (CCF)—a forerunner of the New Democratic Party, elected its first members of Parliament The Second World War • Stimulated the economy, dramatically increasing employment • Fearing radicals and militants would disrupt production, the federal government expanded the jurisdiction of the Industrial Disputes Investigation Act in 1939 and required strike votes • The government also introduced wage and price controls • Unionization rates increased significantly with the war, and the divisions between craft and industrial unions became more formal at the national levels of the union movement The Second World War • The All-Canadian Congress of Labour and the CIO joined to form the Canadian Congress of Labour (CCL), giving Canada two national labour federations: – The CCL - industrial-union based; affiliated with the CIO in the U.S. – The TLC - craft-union based; affiliated with the AFL • Strike activity increased during the first few years of the war and by 1943, one in three union members was on strike • Following a long and bitter strike by northern Ontario gold miners in 1941-42, the federal government amended its labour legislation The Second World War • In 1944, the federal government passed P.C. 1003, modelled on the Wagner Act • P.C. 1003 included compulsory collective bargaining and the right of “employee representatives” to be certified as bargaining agents if they could demonstrate sufficient support • Similar acts were passed by Quebec and B.C. After the Second World War • The war was followed by fears that the post-First World War recession would be repeated; Mackenzie King’s government tried to offset this by giving benefits to returning veterans • The first major post-war strike occurred in 1945, at the Windsor, Ont. Ford plant • Justice Ivan Rand decided union dues would be automatically deducted from every worker’s paycheque, 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 After the Second World War • Post-war price increases led unionized workers to demand matching wage increases • Many employers, assuming P.C. 1003 had been a temporary measure, did not respond to union demands • The result was a series of large, extended strikes that began in 1946 and continued for the next four years • The federal government enshrined the principles of P.C. 1003 in the Industrial Disputes Investigation Act (1948) and by 1950, nearly every province had a similar 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 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 – 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 • Inter-union disputes were reduced when the TLC and CCL merged in 1956 to create the Canadian Labour Congress (CLC); the CLC affiliated with the Quebec Federation of Labour (QFL) • Concerns during this period included increasing bureaucratization and centralization of the predominantly international unions • Bitter disputes: – Murdochville, Quebec (1957): violent mining strike ended with the union conceding defeat – Newfoundland (1958-59): International Woodworkers of America (IWA) clashed with Premier Smallwood; policeman killed during fighting and the IWA was defeated The 1950s and 1960s • Early 1960s saw the beginning of an extended growth period in the labour movement, due mostly to extensive organizing in the public sector • Private-sector wages and conditions were becoming superior to public sector • 1965 - public sector unionization became a priority for the federal government, due to a national postal strike and the election of a Liberal minority government that was dependent on the New Democratic Party for support The 1950s and 1960s • Ottawa passed the Public Service Staff Relations Act, which gave federal public servants the right to arbitration or strike action • This act served as a model for most provinces and by 1975 every province and territory had some form of labour relations legislation governing public service employees 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), a newer union that organized municipal and regional government workers • Also during this period, changing technology affected workplaces, including railways and newspapers The 1970s and 1980s • The early 1970s saw disruption in the Canadian economy – Unemployment and inflation rose – North America was challenged by new economic powers in other parts of the world • Unions were blamed for inflation and lower productivity The 1970s and 1980s • In October 1975, the federal government implemented a three-year program of wage and price controls; collective agreements had to be approved by the Anti-Inflation Board • Strike activity rose significantly after controls were imposed; over one million workers took part in a one-day national strike on October 15, 1976 • When the program ended in 1978, its effects were unclear The 1970s and 1980s • Early 1980s – Interest rates were increased to fight inflation, causing the worst unemployment since the 1930s – Social programs were restricted • Federal and provincial governments reduced the bargaining power of public sector unions The 1970s and 1980s • The 70s and 80s saw numerous high-profile strikes in the public and private sector – 1972 Quebec public sector strike – 1978 national postal strike – 1978 eight-and-a-half-month-long strike by Ontario steelworkers, followed by another lengthy strike in 1981 • In 1982, the federal government suspended public servants’ bargaining rights for two years The 1970s and 1980s • The federal Charter of Rights and Freedoms (1982) provided new guidelines for labour relations • The election of a federal Conservative government in 1984 and the emergence of major business alliances such as the Business Council on National Issues, created a hostile atmosphere for unions • Several major private-sector strikes during the 1980s The 1970s and 1980s • Labour movement also saw internal dissent: – The Confederation of Canadian Unions (CCU), intended as a national federation for Canadian-based unions, presented an alternative to the CLC – Construction unions broke away from the CLC to form the Canadian Federation of Labour (1982-1997) – 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 The 1990s and Beyond • The advent of liberalized international trade was the major event of the 1990s • This includes the North American Free Trade Agreement (NAFTA) of 1992 and Canada’s participation in worldwide tariff reductions under the 1994 General Agreement on Tariffs and Trade and the World Trade Organization The 1990s and Beyond • Some employers have used NAFTA to move formerly unionized jobs to regions with lower labour costs and non-unionized workers • Unionization rates in Canada did not drop significantly in the 1990s, although there has been a slow gradual decline since the 1970s • The New Democratic Party, historically labour’s best friend in politics, declined during the 1990s; it remains to be seen what effect this will have on labour policy The 1990s and Beyond • 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 © 2002 John Wiley & Sons Canada, Ltd. All rights reserved. Reproduction or translation of this work beyond that permitted by CANCOPY (Canadian Reprography Collective) is unlawful. Request for further information should be addressed to the Permissions Department, John Wiley & Sons Canada, Ltd. The purchaser may make back-up copies for his / 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 programs or from the use of the information contained herein.