Alberta Enterprise Group calls for labour reform

December 16, 2010

EDMONTON: The Alberta Enterprise Group is calling for reforms to Alberta’s labour laws to preserve and enhance Alberta’s investment and business development climate while upholding the collective bargaining rights of workers.

The study, which was submitted to Labour and Immigration Minister Thomas Lukaszuk, argues Alberta labour laws are unfairly biased towards unions, overly prescriptive and reduce labour market flexibility. The study points out that literature from around the world shows balanced labour laws foster economic growth, lower unemployment and increased worker productivity. It argues Alberta labour laws lag behind those in the European Union, Australia, New Zealand and the United Kingdom.

The study and its nine recommendations have also been submitted to the Alberta Government’s competiveness review headed by Parliamentary Secretary Doug Griffiths.

“With improved labour markets, Alberta would usher in a new era of increased economic growth, wealth creation, and workplace freedom,” said AEG Vice President David MacLean. “Albertans need have a thorough conversation about the labour laws and we hope this study provides the spark for that debate.”

Recommendations endorsed by prominent organizations

The AEG recommendations have won support from prominent organizations – Merit Contractors Association, Canadian Constitution Foundation and the Canadian Federation of Independent Business.

CFIB

“It is time we had a frank discussion about Alberta’s labour laws and how they impact our province’s competitive position, said CFIB Alberta Director Richard Truscott. “The recommendations included in the AEG report address some long standing concerns -- not only in Alberta but across the country. Implementing these recommendations would help level the playing field, and improve Alberta’s overall business climate.”

Merit Contractors Association

“Alberta’s labour laws have not been significantly updated since 1988 and the province is in danger of falling behind neighbouring provinces we compete with for investment,” said Stephen Kushner, the head of the Merit Contractors Association - Canada’s largest association of open shop contractors. “The labour relations law reform proposals being put forward by the Alberta Enterprise Group would help ensure there is more fairness and respect for worker choice and restore some of Alberta's lost competitive advantage.”

Canadian Constitution Foundation

"The Supreme Court of Canada confirmed, a decade ago, that the 'freedom of association' guaranteed to Canadians by our Constitution also includes the right not to associate,” said Karen Selick, Litigation Director with the Canadian Constitution Foundation. “The Canadian Constitution Foundation welcomes initiatives that would empower employees to exercise this important liberty.”

Polling data supports key recommendations

Public opinion polling commissioned by Alberta Enterprise Group and conducted by Environics in the spring of 2010 shows strong public support for two of the key recommendations in the study. A strong majority of 64 per cent of Albertan’s believe a minimum of 70 per cent of employees must participate in order for a vote to certify or decertify a union to be valid.

A strong majority of 78 percent agreed unions should be restricted to spending union dues on collective bargaining and union management as opposed to advocacy and political campaigns.

Report recommendations

• Increase the application threshold for certification and decertification to 50 percent +1 from 40 percent
• Require workers to sign membership cards rather than petitions in order to show support for application. In addition, a material membership fee (i.e., $20) should be required to sign a membership card
• Require a quorum (i.e., at least 70 percent of eligible workers) of the bargaining unit to vote on certification. If the quorum is not met, the union cannot be certified. This prevents a small group from the bargaining unit making the certification decision. The same would be required for decertification
• Require a set time (in days) between authorization for a vote on certification (or decertification) and the date of the vote. A minimum of three weeks and a maximum of 30 days would be reasonable
• Allow employers (or persons acting on behalf of an employer or an employer’s organization) to present the negative consequences of unionization and to provide information and resources to assist employees interested in decertifying without such actions being classified as an unfair labour practice
• At a minimum, allow unionized workers in Alberta to opt out of the portion of their union dues that is spent on lobbying and political activities
• Enact a Worker Free Choice Act (WFCA) to provide workers the right to choose whether or not to join or financially support a union as a condition of employment
• Eliminate regulations that can force the parties into final and binding arbitration when labour disputes arise
• Eliminate economically damaging successor rights provisions that make existing union certification and collective agreements binding upon a new employer when the firm is sold, transferred, or merged in part or in its entirety.

Click here to read the full study.

Contact:

David MacLean, Vice President, Alberta Enterprise Group – 780.965.4691

Richard Truscott, Alberta Director, CFIB – 866.444.9290

Stephen Kushner, Merit Contractors Association, 780.455.5999

Karen Selick, Litigation Director, Canadian Constitution Foundation – 888.695.9105 x.104