Nova Scotia's proposed anti-strike legislation, and the rights of all Shunpiking Online Vo.5 No.1

HALIFAX (March 2008) - DESPITE opposition by public sector unions, Nova Scotia's Conservative government on 13 September 1007 tabled anti-strike legislation in the provincial legislature which will deny nurses and other health care workers the exercise of their right to strike. The proposed legislation is yet to be voted on and has been the object of mass protests and lobbying by trade unions.

The anti-worker legislation is being brought forward at a time when, across the country, new arrangements are being put in place which radically alter the conception of rights which has prevailed in Canada since the Second World War, codified in the Canadian Charter of Rights and Freedoms, as well as various "rights" accorded trade unions. According to that conception, rights are privileges which Canadians have "with reasonable limits." A post-war social contract was established with the trade unions whereby they were allocated different privileges such as the right to organize a trade union and mandatory dues check-off so long as the protest of the working class was kept "within reasonable limits." Today, however, governments of all levels have taken up an all-round social offensive which has thrown these old arrangements out the door, never to be returned. This also includes health care. Now there are privileges which Canadians do not have "with reasonable limits." Nova Scotia's proposed anti-strike law falls in this category. Nevertheless, the fundamental premise that in Canada rights are not provided with a guarantee but are privileges which can be given and taken away by the Cabinet remains the same. In light of this development, the importance of opposing these measures, especially the political views cooked up to justify the anti strike law, must be reiterated.

The sophistic arguments of Nova Scotia's opposition parties seem to suggest that they inhabit another planet. "It's there to intimidate the unions and intimidate nurses to settle on their labour issues as opposed to taking a strike vote," said provincial Liberal leader Stephen McNeil, effectively reducing the issue to a local, occupational matter. The mythical impression is created that there is a "legitimate" approach and an "illegitimate" approach.

NDP leader Darrell Dexter reduced the issue to one of political manoeuvring on the part of MacDonald's Conservatives, and also seemed to give them the green light. "This is a government that has failed in successive elections to be able to gain a majority," he said. "They're trying to find some kind of a magic bullet where they can carve out more seats. That's what this is about." He did not elaborate why this is the case and what it reveals. Nay more, he is openly implying that such a reactionary law will be popular and supported by the people! His peculiar argument suggests that it is something inherent to the Tories and not to the neo-liberal agenda, let alone the present system of "representative democracy." In fact, governments are accountable to the international financial oligarchy directly, not the people of Canada. This is the "magic bullet" no one wants to admit, let alone discuss.

Nova Scotia's proposed anti-labour legislation is part of a nation-wide attempt by the state and the big monopolies to strip away all democratic rights, including the right to strike.

The first act of Saskatchewan's brand new government was to introduce two union-busting pieces of legislation. The Essential Services Act (Bill 5) will take away the right to strike of almost every public sector worker, and even allows the government, at their own whim, to deem private sector workers as essential. Bill 6, amendments to the Trade Union Act, will allow employers to use threats and intimidation to communicate their opinions about unionizing and the business of the union. It will also move organizing from automatic certification to secret ballot votes, which is far less democratic and will result in a halt to union organizing in Saskatchewan.

Other manifestations of this trend are the recent Magna-CAW pact in Ontario and the recent effects of legislation by the Alberta Labour Relations Board, as documented in reference articles below. In different ways, they achieve the practical denial of the right of workers to strike - all of which are setting a precedent that will doubtless be used in future state-organized attempts to deny workers of their rights.

At bottom, the attempt to deny workers of their right to strike is symptomatic of a crisis inflicting the Canadian economy, in which the nation's wealth is being annexed by US and other foreign monopolies instead of being used to build a sustainable social economy for the benefit of all Canadians and providing health care as a fundamental right. As a result, Canadian productive capacity is being deliberately destroyed as monopolies seek more "competitive" productive outlets, and programs such as education and health are progressively cut as wealth is drained out of the Canadian economy. It is only after the waging of such destructive tactics that the people are told that their demands are noble but naive, commendable but unaffordable, as if the wreckers and parasites of the Canadian economy have their hearts in the same place as those whose lives and labour they view as cheap and expendable.

Denying healthcare workers' right to strike is a monopoly and state-organized attempt to block workers' rational and just resistance to this draining of their wealth for the benefit of a few. It is not merely aimed at heathcare workers, which is why different unions are and must speak out and organize against it before it is too late.

In the Maritimes in particular, MacDonald's plan constitutes another precedent to realize the aims of the architects of the so-called "Atlantic Gateway" or "Atlantica" project, which seeks to maximize profits for big monopolies and investors by fighting "policy distress factors." This is openly referred to in the business press as the high rate of unionization amongst workers in port cities such as Halifax, Saint John and Sydney. Shunpiking has previously reported on Transport Canada's enactment of little known federal regulations stripping maritime ports workers of their legitimate rights in ports such as Halifax, Montreal and Vancouver under the pretext of the "war on terrorism." Leading port capitalists of the North American continent are imposing similar rules through the US Congress in Washington.

MacDonald's anti-strike agenda extends far deeper than his transparent "concern" for "public safety" would suggest. It is significant to recall the article by premier Rodney MacDonald in Halifax's Chronicle Herald in April of 2007, lauding the Atlantica and Gateway plan of regional integration with New England. Soon afterward, he served this past June as a keynote speaker, opening luncheon, at the closed door "Atlantica 2007" conference held in Halifax, just weeks after drafting the proposed anti-strike legislation - "One of Premier MacDonald's priorities is the Atlantic Gateway which must be made a regional priority. Learn how you can be part of this one-in-a-generation opportunity." http://www.atlantica2007.com/session_information.php#luncheon1) - much to the satisfaction of anti-labour demagogues throughout the Maritime establishment. Labour is the main social force capable of stopping them. Now MacDonald seems to be biding his time on the issue, declaring himself to be "patient" in terms of preparing public opinion to isolate the healthcare workers and in finding the most politically convenient time to re-introduce his scheme, knowing full-well the fickle and opportunistic nature that unites all of the "main" political parties.

In this whole discourse, nothing is anything said about the courts, the police and the powers that are given them during "legitimate" strikes and what happens as a result. It is a fact that employers including the government violate the law with impunity while unions receive huge fines and other penalties in the name of protecting the sick and the infirmed. In this way from the outset, through sleight of hand, the impression is created that healthcare workers pose a threat to health and social security by exercising and defending their right to strike. The aim is to isolate the health care workers and their just cause by poisoning public opinion. In this direction, the impression is generated that the interests of health care workers are narrow and selfish, and oppose the interests of the society. The rights of the healthcare workers belong to them by virtue of the fact that they contribute and perform a crucial function for society as well as by the fact that they fought for and won these rights decades ago. It is not the healthcare workers who are wreaking havoc with the health system. It would be very good if Nova Scotia's "opposition parties" keep their promise to kill MacDonald's proposed legislation but no one should have any illusions. An attack against one is an attack against all. It is only by defending the rights of all that the well-being and security of all can be provided with a guarantee. Nova Scotia's anti-strike legislation must not pass. Workers can make headway against this disastrous future the rich have in store for them and for the society and the nation by affirming their right to decide all matters which affect their lives.