Another MP shot down the Con's "let CUPW members vote on the employers latest offer" rant by pointing out that the bargaining team has a mandate of 90+% while the Cons only have a mandate off 39%. Whether the public agrees with the NDP or not, they're seeing them stand up for what they believe and against the Cons regressive agenda and that'a always a good thing.
Yeah, that was good - but it could have been way better. I was shouting at the TV! Under the federal code, the goddam Minister of Labour [b]has the right to force a vote, just once, on the employer's last offer!!!!![/b] So the comeback could have been: "The union bosses aren't allowing the members to vote on the employer's wonderful offer? Why haven't you used your power under Section 108.1 of the Canada Labour Code to order that vote yourself? Oh, by the way, will you agree to respect the result of that vote???"
Here's the chapter and verse - and if the workers vote yes to the offer (as the Conservative dregs are suggesting they would), then the strike and lockout are [i]automatically and instantly over[/i] and a new collective agreement is signed - no need for arbitration, mediation, final offer selection, nada:
108.1 (1) Where notice to bargain collectively has been given under this Part, and the Minister is of the opinion that it is in the public interest that the employees in the affected bargaining unit be given the opportunity to accept or reject the offer of the employer last received by the trade union in respect of all matters remaining in dispute between the parties, the Minister may
(a) on such terms and conditions as the Minister considers appropriate, direct that a vote of the employees in the bargaining unit to accept or reject the offer be held as soon as possible; and
(b) designate the Board, or any other person or body, to be in charge of conducting that vote.
No effect on time limits or periods
(2) A direction under subsection (1) that a vote be held, or the holding of that vote, does not abridge or extend any time limit or period provided for in this Part, including those stipulated in section 89 for the acquisition of the right to lockout or strike.
Consequences of favourable vote
(3) Where the majority of the employees participating in the vote accept the employer’s last offer,
(a) the parties are bound by that offer and shall, without delay, enter into a collective agreement that incorporates the terms of that offer; and
(b) any lockout or strike not prohibited by this Part that is in progress when the Board or other person or body in charge of conducting the vote notifies the parties in writing of the employees’ acceptance shall cease forthwith.
Powers respecting vote
(4) The Board or other person or body in charge of conducting the vote shall determine any question that arises under this section, including any question relating to the conduct of the vote or the determination of its result.
Emphasis added. Can someone please ask the NDP to throw this in Lisa Raitt's smirking face and challenge her to order a vote?