Workers need a strategy to build on historic Supreme Court ruling, says James Clancy
Ottawa (30 Aug. 2007) - Labour Day 2007 is an occasion for all workers to celebrate recent victories and to plan for the future, says James Clancy, president of the 340,000-member National Union of Public and General Employees (NUPGE).
"We have come through some difficult trials," Clancy says. “Over the past couple of decades governments across Canada have waged an unrelenting attack on the fundamental human rights of workers, and they continue to pass legislation that violates or negates negotiated collective agreements,” he notes.
NUPGE has documented more than 170 cases of legislation enacted since 1982 to deny or undermine labour rights in Canada.
"This is not merely unacceptable, it is a violation of Canada's obligations to the United Nations,” Clancy says.
He also notes that many workers are banned from joining unions, and that labour laws remain so weak that workers who are trying to organize often face insurmountable obstacles. Wal-Mart workers in Quebec are a prime example.
Labour rights ARE human rights
However, there is also good news to celebrate for Labour Day 2007.
Clancy cited the historic Supreme Court of Canada decision in June, recognizing collective bargaining as a human right protected by the 1982 Charter of Rights and Freedoms. He also welcomed the just-announced decision by Ontario's Liberal government to extend collective bargaining rights for part-time college educators.
"Both of these decisions are breakthroughs," Clancy says.
"The supreme court ruling, in particular, affects all workers. The court has found that collective bargaining complements, promotes and enhances fundamental Canadian values such as equality, dignity and democracy. Collective bargaining is now recognized as a fundamental right within Canadian society."
Attitudes are also shifting among workers themselves, he notes.
“Surveys show that more and more workers want to join a union. They are coming to see the importance of the trade union movement in achieving a fair and just workplace and country."
Much work still lies ahead
However, Clancy cautions that there is no room for complacency.
“While the Supreme Court ruling is positive, we cannot sit and wait for the benefits to trickle down and magically create a stronger, larger labour movement. Many challenges must be confronted if we are to realize the positive benefits of the ruling.”
Clancy says the decision validates the long and historic struggle by a creative and determined labour movement to create a better world for working people. NUPGE has played a key role through its long and sustained campaign to have labour rights recognized as human rights, he notes.
Looking ahead, labour must develolp a strategic approach to build on the Supreme Court ruling, Clancy argues. Specifically, he recommends:
- Coordinating efforts to ensure that the legal ramifications flowing from the ruling favour families over employers;
- Developing an outreach and organizing plan to encourage workers to exercise their constitutional right to form unions and bargain collectively; and,
- Engaging in political action to elect governments willing to champion the interests of working families.
“So enjoy your Labour Day with family and friends but remember - the Struggle Continues," Clancy says. NUPGE
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