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MacKinnon's Port Lockout Decision: A Threat to Collective Bargaining?
Analysis of Canadian Labour Minister's decision to end port lockouts through binding arbitration, highlighting its potential impact on workers' rights and collective bargaining.
English
Canada
Labour MarketLabor DisputeGovernment InterventionWorkers RightsCollective BargainingArbitration
Canadian Industrial Relations BoardInternational Labour OrganizationSupreme Court Of CanadaCanada Post
Steven MackinnonBarry Eidlin
- What are the shortcomings of agreements imposed through binding arbitration?
- Agreements imposed through binding arbitration lack legitimacy compared to negotiated settlements, and arbitrators struggle to resolve complex workplace issues like technological change and scheduling. Imposed solutions fail to address root causes, potentially leading to future conflicts.
- What action did Labour Minister Steven MacKinnon take regarding the port lockouts?
- Federal Labour Minister Steven MacKinnon ended employer lockouts at Canadian ports, referring disputes to binding arbitration. This action, while stopping immediate port shutdowns, potentially violates workers' Charter-protected rights and sets a precedent for future government interventions.
- How does MacKinnon's order relate to the Supreme Court's 2015 ruling on collective bargaining?
- The Supreme Court's 2015 ruling aimed to end 'permanent exceptionalism,' where governments frequently override collective bargaining rights. MacKinnon's order reverses this progress by using a novel interpretation of the Canada Labour Code to impose arbitration without parliamentary approval.
- What is the potential negative consequence of the government's intervention in labor disputes?
- The government's intervention normalizes circumventing collective bargaining, creating a playbook for employers: lockout workers, use economic chaos as a pretext, and have the government impose arbitration. This undermines the bargaining process and encourages employers to avoid negotiation.
- What is the author's proposed solution to prevent future end-runs around collective bargaining?
- Blocking end-runs around collective bargaining is crucial. The threat of economic disruption from strikes usually motivates employers to negotiate. Government intervention removes this incentive, allowing employers to manipulate the system to achieve their goals.