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 that the government isn't jumping to enact back-to-work legislation.
Savage said the use of back-to-work legislation peaked in the 1980s, but its decline since then had less to do with government policy than the fact strikes became less common as unions’ bargaining power softened. "The reason why it's a concerning workaround is because there's no Parliamentary debate. There's no vote in the House of Commons," Savage said.
Since the rail dispute, the NDP ripped up its agreement to support the minority Liberals, and Eidlin thinks the government’s intervention was one of the reasons for the decision. Eidlin is concerned that the government's use of binding arbitration to end the rail work stoppage could set a precedent similar to what decades of back-to-work legislation did: removing the employer's incentive to reach a deal in bargaining.The Teamsters union representing railworkers is challenging the government's move.
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