Experts wary of Ottawa's back-to-work circumvention

Some fear use of Section 107 of labour code could remove incentive for employers to reach a deal

- ROSA SABA

LABOUR In an era of increased strike activity and union power, labour experts say it's not surprising to see more calls for government intervention in certain sectors like transportation.

What's new, experts say, is the fact the government isn't jumping to enact back-to-work legislation.

Instead, the federal labour minister has recently directed the Canada Industrial Labour Board to intervene in major disputes - though the government was spared the choice of stepping in over a potential strike at Air Canada after a tentative deal was reached Sunday.

Brock University labour professor Larry Savage says that for decades, companies in federally regulated sectors such as airlines, railways and ports essentially relied on government intervention through back-to-work legislation to end or avoid work stoppages.

"While this helped to avert protracted strikes, it also undermined free and fair collective bargaining.

It eroded trust between management and the union over the long term, and it created deep-seated resentment in the workplace," he argued.

Barry Eidlin calls such intervention a "Canadian tradition." "Canadian governments, both federal and provincial, have been amongst the most trigger-happy governments when it comes to back-to-work legislation," said Eidlin, an associate professor of sociology at McGill University.