The industry representing Canadian telecommunications carriers and manufacturers is warning that new "anti-scab" legislation could leave Canadians in the dark if a network goes down during a labour stoppage. Bill C-58, which received royal assent last month, bans federally regulated workplaces from bringing in replacement workers during a legal strike. It also amends the Canada Labour Code to mandate that certain agreements are signed between employers, unions and bargaining unit employees when a strike or lockout takes place.
Known as "maintenance of activities" pacts, they require affected workers to maintain services necessary to prevent an "immediate and serious danger to the safety or health of the public." The bill outlines the timeline for concluding such maintenance of activities agreements — which had previously been optional — and adjudicating any related disputes. But Eric Smith, senior vice-president of the Canadian Telecommunications Association, said the ban may unintentionally leave telecom companies in the lurch when their workers go on strike.
He said the wording of Section 87.4 of the code, which deals with maintenance of activities agreements, has prevented carriers from proving their necessity before the Canadian Industrial Relations Board in the past. "We're not saying that we want to use replacement workers," he said.
"I think, among some people, there wasn't a full awareness of how the board has previously interpreted Section 87.4." Smith points to .