Home | WebMail |

      Calgary | Regions | Local Traffic Report | Advertise on Action News | Contact

Montreal

What you need to know about the special law that could end Quebec's construction strike

Premier Philippe Couillard signalled his government could introduce legislation as early as Monday to put an end to the strike. Here's a primer on back-to-work legislation.

Couillard government argues strike costs $45M per day, unions concerned about erosion of bargaining power

A union alliance representing about 175,000 Quebec construction workers went on strike Wednesday. (Paul Chiasson/Canadian Press)

Even before 175,000 construction workers went on strike, the Quebec government was musing about the possibility of introducing back-to-work legislation.

Premier Philippe Couillard signalled his government would introduce legislation on Monday if the unions and construction companies can't reach a deal before then.

Labour Minister Dominique Vien has made it clear she would prefer a signed agreement, but would resort to a special law if need be.

Here's what you need to know.

What isback-to-work legislation?

It's a special law passed by the government either federal or provincial that orders an end to a labour-management dispute.
Quebec construction workers staged a demonstration as the province-wide strike entered its second day Thursday. (Ryan Remiorz/The Canadian Press)

How does it work?

The legislation ends a strike or lockout by either imposing a binding arbitration process on the two parties involved in thelabour dispute or a new contract without negotiation.

Under arbitration, the union and the employer submit what they are willing to accept toa government-appointed arbitrator and the arbitrator reaches a compromise position that both parties must legally accept.

When was it last used in Quebec?

The Couillard government ordered striking notaries and lawyers back to work earlier this year. The workers had been on strike for five months.
The Quebec government passed a special law to force striking government lawyers and notaries back to work in February. (Ryan Remiorz/Canadian Press)

Is it being used more frequently?

Historically, back-to-work legislation was usually only enacted after a strike had gone on for at least some period of time, but that hasn't necessarilybeen the case in recent years. The Canadian Foundation for Labour Rights has tracked a rise in the number of instances where back-to-work legislation has been put into effect.

In the last three decades, the federal government alone passed 19 pieces of back-to-work legislation while provincial governments across the country have enacted 71 pieces of back-to-work legislation.

What is the government's argument?

The Quebec government has repeatedly said the strike will cost the province $45 million a day, with major projects across the province on hold. Couillard told reporters in Jerusalem lastThursday he's giving the sides the weekend to hammer out a deal.

"I have asked that the government take measures to be ready to act Monday,'' he said.

He did not want to say whether he will call back the legislature on Monday or whether the process would begin that day for the law to be tabled Tuesday.
Premier Philippe Couillard gave the ultimatum Thursday. (Jacques Boissinot/Canadian Press)

What are labour groups saying?

Michel Trpanier, spokesperson for the alliance of unions, said they are hoping to settle the dispute at the bargaining table and that hedoesn't like the idea of back-to-work legislation looming.

For workers,such a law represents"a serious erosion of a fundamental and universal human right, their right to organize into a union and engage in full and free collective bargaining," theCanadian Foundation for Labour Rights says.
Major projects across the province are on hold due to the strike. (Charles Contant/CBC)

What are employers saying?

Employer groups say they are ready to resume talks with unions,according toricCt, a spokesperson for the Associationde la construction duQubec(ACQ)who is negotiating on behalf of the employers.

More on this story:

With files from Kamila Hinkson and The Canadian Press