ISSUE NO. 57, MONDAY, DECEMBER 9, 2013, 12 PGS. “Sneaky And First, we do Subversive” everything in Cabinet is quietly restricting safety provision, sec. 122.1, our power to health and safety coverage for states: “‘Danger’ means any 800,000 Canadian workers. existing or potential hazard build bridges, The labour department in or condition or any current an obscure notice proposes to or future activity that could redefine workplace “danger” reasonably be expected to and if that under the Canada Labour cause injury or illness to a Code, repealing provisions person exposed to it before that covered long-term illness the hazard or condition doesn’t work... from environmental hazards can be corrected, or the and other perils. activity altered, whether we burn them “It seems like a sneaky and or not the injury or illness subversive way to gut the occurs immediately after Code,” said MP Pat Martin, the exposure to the hazard, down! New Democrat public works condition or activity, and critic. “I’m an old union includes any exposure to a Personal Injury rep; you explain to me how hazardous substance that is Environmental Litigation dumbing down the health likely to result in a chronic Commercial Litigation and safety provisions of the illness, in disease or in Wrongful Dismissal Canada Labour Code is in the damage to the reproductive best interests of Canadians.” system.” Labour Minister Kellie Under the omnibus Bill Leitch did not comment. C-4, the entire definition is The amendments were replaced with a single line: inserted on the 176th page of a “‘Danger’ means any hazard, www.beament.com 309-page omnibus budget bill condition or activity that introduced in the Commons could reasonably be expected Oct. 22. to be an imminent or serious result of exposure? These are Code in this bill, it is clear The current Labour Code threat to the life or health of distinctions that have been there will be many a situation occupational health and a person exposed to it before tossed out the window.” that was a danger to an the hazard or condition can A Toronto labour attorney, employee before this bill is be corrected or the activity James McDonald of Sack passed, which will no longer altered.” Goldblatt Mitchell LLP, said be a danger to the employee The labour department the amendment appeared after this bill is passed as Incorporating would not take Blacklock’s far-reaching and must be far as this Government and questions. “carefully examined”. employers are concerned.” substantial “All jurisprudence associ- “The clear intent of the The labour department ated with the old Code def- amendment is to reduce the estimates 800,000 employees changes in labour inition is stripped away,” said occasions when workers are subject to the Labour legislation in this Martin, MP for Winnipeg will be able to exercise their Code, including employees of Centre. “Is it only unsafe if an right to refuse to perform most Crown corporations and way is just wrong. anvil falls on my head? Or is it unsafe work,” said McDonald; federally-regulated industries also unsafe if I’m exposed to “Without having reviewed like railways, marine chemical soup over time and the entire Code and all the shipping, airports, pipelines, end up with brain cancer as a proposed amendments to the Continues on Pg. 2 BLACKLOCK’S REPORTER NO. 57 DEC. 9, 2013 2 “I’m Not Going To Wait” Cabinet will press ahead with legislation of the Government of Canada is essential to limit federal employees’ right to strike because it is or will be necessary for despite an impending Supreme Court the safety or security of the public or a appeal on whether the measure is illegal. segment of the public.” Treasury Board President Tony PSAC president Robyn Benson Court of Appeal. Clement said he would not pause for the questioned the bill’s timing amid a The Treasury Board president court’s judgment, adding that cabinet pending Supreme Court appeal on an did not comment specifically on the must “defend Canadians” from public identical Saskatchewan law struck down pending Supreme Court case, and union sector strikes. as unconstitutional. executives said they did not believe “I’m not going to wait,” Clement said; “It surprises me that Mr. Clement is Clement was aware of it. “I represent a national government.” going forward when this issue is now “We are reviewing our legal options,” The Public Service Alliance of Canada, before the Supreme Court,” said Benson; said Edith Bramwell, coordinator representing 187,000 federal employees, “In the past we have worked together, we of PSAC’s representation section; estimated more than half could be would come to an agreement; now the “The Supreme Court has been very deemed “essential” and forbidden from employer claims an unfettered right to clear that freedom of association is a striking. Some 40,000 members are determine what are essential services.” constitutionally-protected right, and a designated as essential under the current Benson said she twice spoke with union is in its most basic, fundamental negotiated system, including border Clement’s office in the week prior to sense a group of people associating guards and staff who process benefits the introduction of the bill on Oct. with each other to negotiate with an cheques. 22: “Nothing was said”; “There was no employer.” “I think it’s completely ridiculous to consultation.” “We have the right to decide when have a system where the employer – in Supreme Court justices will hear an working conditions are so unfair we this case the Government of Canada – appeal of a Saskatchewan bill, the 2008 won’t work,” Bramwell added. “That’s has to bargain with the bargaining unit to Public Service Essential Services Act, that exactly the reason unions were born.” decide what positions are essential and allowed employers confronted with Changes to the Public Service Labour which are not,” Clement said. “That is not a public sector strike to designate any Relations Act were detailed on the 232nd what Canadians expect.” number of employees who “must work page of a 309-page omnibus budget Under amendments to the Public during the work stoppage to maintain measure, Bill C-4. Service Labour Relations Act cabinet grants essential services”. The law was struck itself “the exclusive right to determine down in Court of Queen’s Bench, and BY TOM KORSKI whether any service, facility or activity subsequently upheld by the Saskatchewan “Sneaky and Subversive” from Pg. 1 amending federal labour law through banking, telephone and cable systems, little-noticed insertions in a budget bill. canals, tunnels, grain elevators, feed “This is anti-democratic,” said and seed mills, select fisheries and First Lamoureux, MP for Winnipeg North; Nations businesses. “Why was it brought through the back “Workers in all these industries should door of an omnibus bill? Incorporating be concerned in terms of this change substantial changes in labour legislation of scope,” said Lamoureux. “This is uranium mining and broadcasting. in this way is just wrong.” significant.” MP Kevin Lamoureux, Liberal Deputy Other federally-regulated industries House Leader, protested the method of subject to the Labor Code include BY TOM KORSKI Health & Safety Repeal Kept Top Secret: Congress Canada’s largest labour organization is er. “This is a tripartite process – employ- situation. Nobody does this in a whimsical citing cabinet for secrecy over changes to ers, unions, government. This was never manner. Everybody knows it involves workplace health and safety coverage in- raised in any meeting.” stopping production. It is serious.” serted into the 176th page of a budget bill. “What reason do they have to imple- Yussuff added, “This reinforces for us The Canadian Labour Congress said ment this?” said Yussuff. “They have that the government cannot be trusted no federal official ever raised the issue not clarified what problem it is they are with the most basic responsibility – the in routine consultations on the Canada trying to fix.” protection from harm of workers under Labour Code affecting railway workers, The labour department declined their jurisdiction.” merchant mariners, airline employees, comment on the altered wording. The labour department estimates uranium miners and other workers in “Put the two definitions side by side; 800,000 Canadians, about 7 percent of federally-regulated industries. clearly this is a narrowing of terms,” said the national workforce, are employed in “When the Code was last revised we Yussuff; “The Code is intended to prevent federally-regulated industries. went through all these terms,” said Has- real harm. It is to benefit workers who san Yussuff, Congress secretary-treasur- feel they are being placed in a dangerous BY STAFF Blacklock'sReporterDigestMay'13:Layout 1 13-05-03 3:21 PM Page 1 BLACKLOCK’S REPORTER NO. 57 DEC. 9, 2013 3 Supporting health and financial security for almost 27 million Canadians Canada’s life and health insurance industry pays out more than $1.2 billion weekly. From dental care to physiotherapy to annuities, Canadians rely on our industry to help them lead healthy and balanced lives. Visit clhia.ca Guest Commentary Michael Maclear “The Nightly News” on the news. I felt pretty pleased. The next day management called me for discipline because I’d left my post. Stupidity! Correspondents were not valued in those days of film. Today they appear to value reporters – to a fault. I am struck on watching the nightly news, where seemingly every story is capped with profuse gratitude for the reporter: “Thank you so much!” This baffles me. Thank you for what, for doing your job? If they eliminated all the “thank- you” they might have another three y dear mother wanted me to minutes for news.