Anti-Scab Legislation is an Important Win for Organized Labour
More Than Thirty Years After the Giant Mine Murders A Federal Sea Change on Replacement Workers
By Kiran Gill
Since September 4, when the NDP tore up their supply-and-confidence agreement with the Trudeau government, Jagmeet Singh has been lauding his party’s policy accomplishments. While Singh has extolled the Canadian Dental Care Plan ad nauseam, he has not been shy to talk about federal anti-scab legislation (Bill C-58) either. Politically, the Bill is an opportunity for the NDP to signal to unions and the working-class however, this does not change the fact that anti-scab legislation is a positive step towards creating better workplaces for all Canadians.
While its etymology is murky, in the labour movement, “scab” has become a widely used colloquialism for strike-breakers. Workers who choose to cross picket lines are inherently divisive. Strikes are an effective measure for dissatisfied workers because withholding their labour is the only way that they can leverage pressure against their employer. Those who choose to ignore labour action undermine organized labor's bargaining power. Labour advocates have long argued that anti-scab legislation is necessary to rectify the imbalance of power between workers and management. Conversely, business interest groups have ardently defended the use of replacement workers in the name of a free labour market.
Strikes cause a spike in workplace animosity, and replacement workers only ratchet up this pressure. In some instances, replacement workers can catalyze violence and even death. In 1992, a labour dispute between Royal Oak Mines, the owner of the Giant Mine in Yellowknife, the capital of the Northwest Territories, and the Canadian Association of Smelters and Allied Workers (CASAW) turned especially gruesome when replacement workers were used. The union and management were at odds over cost squeezes due to the declining price of gold and the concurrent increasing cost of running the aging mine. The fact that CASAW and Royal Oak Mines were both militant in their positions did little to ameliorate the situation. As it became evident that the situation was at a standstill, Royal Oak Mines decided to use replacement workers. For the workers, this was especially personal, given the size of the mining industry in the north. Those on strike knew many of the strikebreakers, in some cases they were even members of the same union. Yellowknife became embroiled in the strike, as threats and violence flowed openly between the two sides.
One worker named, Roger Warren, took the strike especially hard. After months of labour action, on September 18 1992, Warren detonated a bomb into the mine drift. Nine strikebreakers were killed as a result. Following the murders tensions only escalated when Royal Oak Mines became further entrenched in their position, refusing recommendations by federally appointed mediators. The authorities ultimately arrested and convicted Warren of the murders after an extensive RCMP investigation. The remaining CASAW workers signed an unfavourable agreement to return to work. Ultimately, they all lost their jobs when the mine closed in 2004. The Giant Mine was the most extreme case of the use of replacement workers ending poorly, but it is far from the only one.
Creating a positive work environment takes time, trust and above all respect. Replacement workers have the tendency to erode respect in the workplace. Workers feel as if managers are trying to impede on their ability to make a living and quite literally replace them. Many times this can lead to irreparable harm to relationships, even after a return to work.
At McGill University last year, graduate students went on strike following the collapse of negotiations with the university over wages, benefits and working conditions. As the strike continued, McGill instructed professors to take over grad students' work responsibilities, effectively “scabbing” on their own students. Professor Barry Eidlin spoke out against the university's handling of the strike, explaining that it “[poisoned] the campus climate” by pitting faculty against grad students, destroying academic and professional relationships. While the situation at McGill was ultimately resolved relatively amicably, it illustrates how the use of replacement workers has the ability to add tension to already volatile situations.
In Canada, labour relations are a joint responsibility of federal and provincial governments, but the vast majority of workers fall under provincial jurisdiction. As a result, Bill C-58 only covers approximately six percent of Canadians. Across the country, only British Columbia and Quebec have any form of anti-scab legislation. Bill C-58 may be more symbolic than real in improving working conditions of Canadians, but it represents changing attitudes in government. The Bill passed unanimously in the house, even garnering support from those historically adversarial to labour. Conservative leader Pierre Poilievre went as far as describing the Bill as “common sense” when affirming that a government led by his party would not repeal the legislation. Poilievere’s rhetoric may be pandering to the same working-class voters that Singh is courting, but the result is effective policy action. Canadians now have the ability to effectively exercise their Charter-protected right to strike, and a greater number of workplaces are free from potentially hostile environments created by replacement workers.
The passage of Bill C-58 is indicative of how policy created to serve political interests can still be good policy. It is clear from the NDP’s messaging surrounding anti-scab legislation that it hoped to appeal to working-class voters and appease the interests of big unions. Regardless of the political posturing, federal consensus on the use of scabs has emerged where there was once deadly antipathy, and that is unquestionably a win for Canadians.
Kiran Gill (he/him) is the Managing Editor of The Bell and an MPP Candidate at the Max Bell School of Public Policy. He is excited to lead The Bellwether team this year! At The Bell, Kiran is especially interested in telling stories about labour and indigenous policy. Prior to joining Max Bell Kiran worked in the federal public service.