Federal government advised against federal ban on replacement workers
OTTAWA — A senior official in the federal labour program was told earlier this year that a federal ban on the use of replacement workers during strikes could potentially increase the frequency and duration of work stoppages, documents show.
Such a ban would have limited effect in federally regulated workplaces — marine ports, airports, airlines and telecommunications companies, says a briefing note to the deputy minister of the labour program, the most senior official next to Labour Minister MaryAnn Mihychuk.
The federal labour code does not currently ban the use of replacement workers during a strike or lockout. Rather, it prevents their use in cases where their presence would undermine the union’s bargaining position.
A 2011 internal government study found provincial bans on replacement workers in Quebec and British Columbia increased work stoppages by eight per cent in the service sector, with the exact opposite effect in the non-service sector.