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Labour Reform Up For Debate At Tory Convention

Tories To Debate Radical Change To Labour Laws
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A number of labour reform proposals on the agenda at this weekend’s Conservative party convention could be signs that the party is shifting further to the right, political observers say.

At least nine resolutions for amendments to the Conservative party’s policy book seek to crack down on the power of organized labour. The labour reform proposals are sponsored by various riding associations in Ontario, Quebec and Alberta.

Many call for an end to union political involvement, but one amendment seeks a more radical change to the Rand formula, a staple of Canadian labour relations that requires all employees in a unionized environment to pay union dues regardless of whether they join.

The number of proposals and the radical nature of a few of them suggest that the party is taking a cue from the American right wing, said Peter Woolstencroft, a political science professor at the University of Waterloo who focuses on the history of the Conservative party.

“In the Conservative party in the last little while there has been regard for what’s happening in the United States,” he said. “Right to work and other pieces of legislation or actions have been pointing towards cutting back on the power of unions.”

Some Conservatives, notably Ontario’s Tim Hudak and MP Pierre Poilievre, have been vocal in their support for U.S. “right-to-work” style laws since last December, when Michigan became the 24th state to make compulsory union dues illegal.

Such laws have become increasingly popular since the 2008-2009 recession as a means to lure businesses into economically depressed states but have also attracted criticism. U.S. President Barack Obama has said the title is a misnomer for laws that really mean “the right to work for less money.”

The Conservative association of Poilievre’s riding is one of the most overt in calling to end mandatory union membership. The Tory government has previously shot down suggestions the Conservatives are considering such legislation and Labour Minister Kellie Leitch declined to comment. A spokeswoman for Leitch said earlier this week that the Minister would not “speculate on the potential outcomes of the convention”.

The Perth-Wellington electoral district association in southern Ontario was the only one actually to mention right-to-work by name in its proposal. Its amendment seeks Conservative support for “right-to-work legislation to allow optional union membership including student unions.”

The amendment proposed by Poilievre’s Nepean-Carleton riding near Ottawa says that “unions should be democratic and voluntary,” that labour laws should provide workers with “protections against forced union dues for political and social causes that are unrelated to the workplace”. It also says labour laws should respect the UN Declaration on Human Rights article stating that “no one may be compelled to belong to an association.”

An equally aggressive amendment comes from the Alfred-Pellan electoral district association, whose head office in Laval is calling on the party to support a restructuring of the “legislative protection of the Rand formula so as to provide full and effective protection to the right of all workers not to associate with broad political positions they deem oppressive of their respective personal identities.”

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States With The Weakest Unions
10. Arizona(01 of10)
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> Pct. of workers in unions: 5.2% (tied for 9th lowest)> Union workers: 125,557 (25th lowest)> 10-yr. change in union membership: 8.7% (7th largest increase)> Total employment: 2,433,824 (21st highest)Just over 5% of the state’s workers were members of labor unions in 2012, down from 5.6% in 2002 and from 6% in 2011. Arizona is one of a handful of states where private sector union membership expanded between 2002 and 2012, growing by more than 16%. However, the state’s conservative leadership has increasingly become hostile toward these groups. In 2012, Governor Jan Brewer announced her support for legislation to weaken labor unions. Among the proposals were laws prohibiting public labor unions from collective bargaining, ending automatic payroll deductions for union dues and stripping civil-service protections for state employees, making it easier to fire them. The legislation was not passed.(Photo: Arizona Governor Jan Brewer and President Barack Obama) Read more at 24/7 Wall St. (credit:AP )
9. Utah(02 of10)
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> Pct. of workers in unions: 5.2% (tied for 9th lowest)> Union workers: 60,829 (13th lowest)> 10-yr. change in union membership: 3.2% (17th largest increase)> Total employment: 1,181,074 (19th lowest)Utah added over 232,000 jobs between 2002 and 2012, growing employment statewide by a nation-high 24.5%. But over that period the state added less than 2,000 union members. Among the reasons was a large decline in the percentage of public workers who were part of unions — from 21.3% to 15.8%. By comparison, 35.9% of public sector employees are part of a union nationwide. But despite limited and falling union membership among state employees, a bill was introduced earlier this year that would ban collective bargaining on issues not related to wages or benefits by state and local government workers. Opponents argue the bill is not needed, because Utah allows individuals the right to work in union-heavy occupations without either joining the union or paying dues.(Photo: Utah Governor Gary R. Herbert)Read more at 24/7 Wall St. (credit:AP)
8. Idaho(03 of10)
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> Pct. of workers in unions: 4.8% (tied for 7th lowest)> Union workers: 29,216 (4th lowest)> 10-yr. change in union membership: -25.2% (9th largest decrease)> Total employment: 613,845 (11th lowest)Although the number of jobs in Idaho increased by more than 11% between 2002 and 2012, union membership declined by a quarter in the same time period. The decline was dispersed relatively evenly across the public and private sectors, with membership falling 21.5% and 28.1%, respectively. In January 2012, a federal judge ruled that a pair of anti-union laws passed by the conservative Idaho legislature violated federal law. As passed, these laws prohibited “job targeting programs” that used union dues to help contractors win bids and also banned “project labor agreements” that allowed contractors to sign agreements with union workers while concurrently bidding on public projects.(Photo: Idaho Governor C. L. Otter)Read more at 24/7 Wall St. (credit:AP)
7. Tennessee(04 of10)
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> Pct. of workers in unions: 4.8% (tied for 7th lowest)> Union workers: 124,331 (24th lowest)> 10-yr. change in union membership: -43.8% (the largest decrease)> Total employment: 2,590,205 (18th highest)Union membership in Tennessee fell by more than 43% from 2002 to 2012, the largest decline in the nation. In that time, the percentage of workers who were part of a union fell from 9.1% to just 4.8%. Among public sector workers, the decline was even more pronounced — from 22.6% to 14.7%. The state is a right-to-work state. Advocates contend such laws attract jobs, while critics believe they make recruiting union members difficult and ultimately leads to decreased wages.(Photo: Tennessee Governor Bill Haslam)Read more at 24/7 Wall St. (credit:AP)
6. Georgia(05 of10)
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> Pct. of workers in unions: 4.4% (tied for 5th lowest)> Union workers: 170,726 (20th highest)> 10-yr. change in union membership: -21.7% (14th largest decrease)> Total employment: 3,912,100 (8th highest)Between 2002 and 2012, Georgia added over 300,000 workers, one of the largest employment increases in the nation during that time. However, because the number of union workers declined by over 47,000, union participation fell from an already-low 6% to just 4.4%. Between 2002 and 2012, public union participation fell from 18.6% to just 10.5% — lower than all but four other states. Although more than 130,000 new public sector jobs were created over those 10 years, union membership fell by nearly 30% among public employees. Last year, only 3.1% of private sector employees were affiliated with a union — among the lowest percentages of all states in the U.S.(Photo: Georgia Governor Nathan Deal)Read more at 24/7 Wall St. (credit:AP)
5. Virginia(06 of10)
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> Pct. of workers in unions: 4.4% (tied for 5th lowest)> Union workers: 159,512 (24th highest)> 10-yr. change in union membership: -18.8% (15th largest decrease)> Total employment: 3,594,507 (12th highest)Virginia has one of the lowest unionization rates in the country in both the private and public sectors. A mere 3% of private sector workers in the state were unionized in 2012. Just over 10% of public sector employees were covered by a union in 2012, a lower percentage than all but two states and down from 15.6% in 2002. Labor unions did eke out a small victory in January, when the Virginia Senate narrowly rejected a proposal to add right-to-work provisions to the state constitution. The state’s right-to-work law is still in effect by statute.(Photo: Virginia Governor Bob McDonnell)Read more at 24/7 Wall St. (credit:AP)
4. Mississippi(07 of10)
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> Pct. of workers in unions: 4.3%> Union workers: 47,875 (8th lowest)> 10-yr. change in union membership: -32.2% (3rd largest decrease)> Total employment: 1,115,953 (17th lowest)Total union membership in Mississippi was just over 4% last year, with total membership declining nearly a third in the past 10 years. Private union membership was cut in half between 2002 and 2012, falling from 6% to 3%. This was one of the largest decreases of all states. However, membership in public sector unions actually rose nearly 12%, significantly more than any of the bottom 10 states on this list. The economic situation in Mississippi is especially grim. The state’s median household income of $36,919 was the lowest in the U.S., as was the poverty rate of 22.6%.(Photo: Mississippi Governor Phil Bryant)Read more at 24/7 Wall St. (credit:AP)
3. South Carolina(08 of10)
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> Pct. of workers in unions: 3.3%> Union workers: 58,413 (12th lowest)> 10-yr. change in union membership: -29.3% (7th largest decrease)> Total employment: 1,773,172 (24th highest)Just one in 30 workers in South Carolina belongs to a union, one of the lowest rates in the country. A paltry 1.3% of private sector workers in the state belong to a union, the lowest percentage in the entire country. Over the past 10 years, private sector union membership declined by 61.7%, more than any other state except for Arkansas. The state’s governor, Nikki Haley, has taken a vocal anti-union stance since taking office in 2011. In an interview with Fox News back in 2012, Haley said: “There’s a reason that South Carolina’s the new ‘it’ state. It’s because we are a union buster.”(Photo: South Carolina Governor Nikki Haley)Read more at 24/7 Wall St. (credit:AP)
2. Arkansas(09 of10)
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> Pct. of workers in unions: 3.2%> Union workers: 36,667 (6th lowest)> 10-yr. change in union membership: -42.1% (2nd largest decrease)> Total employment: 1,155,140 (18th lowest)Arkansas has the second smallest percentage of unionized workers, due primarily to the decline in private sector membership. Between 2002 and 2012, private sector union membership dropped by almost 62%. As of 2012, a mere 1.4% of private sector workers were covered by labor unions, lower than any other state except for South Carolina. Union manufacturing jobs in the state decreased by nearly 75% over the past 10 years, while total manufacturing employment decreased by just 20.6%. Arkansas is one of just a handful of states where right-to-work laws are embedded in the state’s constitution.(Arkansas Governor: Mike Beebe)Read more at 24/7 Wall St. (credit:AP)
1. North Carolina(10 of10)
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> Pct. of workers in unions: 2.9%> Union workers: 111,482 (21st lowest)> 10-yr. change in union membership: -1.3% (31st largest decrease)> Total employment: 3,804,593 (9th highest)With just 2.9% of employees in a labor union in 2012, North Carolina is the least-unionized state in the entire country. Only 1.8% of private sector workers were members of a labor union as of 2012, lower than any state except for South Carolina and Arkansas. In addition, only 8.8% of public employees in the state belong to a union, the lowest rate in the country. While the number of public sector jobs grew 20% between 2002 and 2012, the percentage of public workers unionized declined from 10.5% in 2002. Although many right-to-work proponents claim that deunionization helps spur job creation, North Carolina’s lack of union representation has not led to low unemployment — the unemployment rate in the state as of December 2012 was 9.2%, the fifth highest rate in the country.(Photo: North Carolina Governor Pat McCrory)Read more at 24/7 Wall St. (credit:AP)

The proposals are not out of the Tory blue. Issues such as right-to-work and elimination of the Rand principle have always been discussed in party circles but have not necessarily made it onto the agenda until now, Woolstencroft said.

However Woolstencroft believes that the most radical proposals are likely to be left on the convention floor.

“The bulk of the party knows that they have a PR game that they’re playing, and they don’t want to be easily castigated as anti-this or anti-that,” he said. “So what they’re going to do is move incrementally.”

In any case, resolution at the federal level would mostly be paying lip service to the elimination of mandatory union dues. Labour laws, are provincially administered and regulated outside of federally regulated businesses and federal public sector employees.

Still, the nine labour-related initiatives have already successfully passed the scrutiny of the party’s national policy committee, where national and political wings of the party debated and whittled down a list of 274 proposals. That signals that the party’s policy wonks believe the proposals are at least worth consideration.

The initiatives will be voted on during closed-door sessions. If any receives a majority of delegate votes, it could be included in the 10 policy resolutions placed on the plenary agenda. In the plenary session, the proposal can be adopted into party policy if it gets enough votes.

The Tories seems to be seizing on a moment when unions are vulnerable amid declining membership and loss of public favour, Woolstencroft said.

Canada’s two largest unions, The Canadians Auto Workers and Communication, Energy and Paper Workers Union, merged into a super-union in September, acknowledging that the labour movement needs more heft if it wants to survive. And the newly created Unifor union wasted no time in declaring its political intentions. At its founding convention, Naomi Klein spoke of ousting Prime Minister Stephen Harper and one of its first acts was to endorse NDP MP Olivia Chow for mayor of Toronto.

Perhaps it is no surprise then that a common thread among the convention proposals is preventing unions from becoming politically involved.

One proposal from Edmonton-Sherwood Park asks the party to amend its labour policy to include the belief that “the government should prevent mandatory dues collected by unions from being diverted to fund political causes unrelated to workplace needs.”

One submitted jointly by Mississauga East-Cooksville and Sudbury says that “union dues paid by members should not be donated by the union to third-party organizations without the consent of the members.”

Many proposals dealt with increasing union transparency, similar to the controversial Bill C-377 that was blocked in the Senate in June. The bill aimed to make it mandatory for unions to file annual public financial statements and has now been sent back to the House.

None of the riding associations were available to comment on their proposals.

New Democrat labour critic Alexandre Boulerice says he has noticed an anti-labour shift in the Conservative caucus, and he believes they are contemplating “right-to-work” legislation.

“The Progressive Conservatives were not anti-union at all,” he said, “But now we can feel that they want to break the backbone of the labour movement in Canada."

Boulerice believes the Prime Minister’s office intends to whittle away at union rights. He points to Bill C-525, which was introduced in June and would make the union certification process more onerous for federal employees.

Peter Coleman, president of the National Citizens Coalition, believes the Conservatives are sensing a change in public thinking about the role of unions and are acting, through bills such as C-377, to curtail their power.

While some of the convention proposals are “just pie in the sky,” he said, they indicate that Conservatives are more willing at least to discuss anti-union moves, even if they are not likely to be adopted as party policy.

“They throw a lot of stuff at the wall and see what sticks and see what the moderate, temperate voices come up with,” he said.

“I do believe there’s a lot of work in the Conservative party at the federal level to get some of these things brought forward.”

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