NDP preps to swing pendulum back toward organized labour

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This article was published 23/11/2023 (719 days ago), so information in it may no longer be current.

It looks like it’s déjà vu all over again for the new NDP government.

Premier Wab Kinew didn’t come right out and say it when his government unveiled its first throne speech Tuesday, but it appears the NDP will introduce legislation to bring back automatic certification for unions — just like the NDP did more than 20 years ago under premier Gary Doer.

One of the first things Doer did when he won office in 1999 was bring in sweeping labour law changes which, among other things, made it easier to form unions.

Before then, secret ballot votes were required when workers wanted to join a union. A minimum threshold of union membership cards had to be signed to trigger a secret ballot vote. If that was reached, a majority vote was required to certify a workplace.

Doer changed that.

Under his rules, if a union could get two-thirds of workers to sign cards, no vote was required. A workplace would be certified almost automatically.

The move enraged the business community, which complained the pendulum swung too far in favour of organized labour.

The Progressive Conservative government switched it back in 2016. Under existing rules, a union needs to get at least 40 per cent of workers to sign cards to trigger a vote. If it reaches that threshold, a secret ballot vote is held.

It appears the pendulum is about to swing back again.

In its throne speech, the NDP said it wants to make it “easier for Manitobans to join the workforce, join a union and join the middle class.”

The speech also says the new government will “rebalance labour relations in Manitoba to ensure fairness for workers across our province.”

When asked during a news conference what those plans were, Kinew said more details would come later.

The premier was asked specifically if government plans to bring in “anti-scab” legislation (which would prevent employers from using replacement workers during strikes or lockouts) or whether he planned to make changes to the certification process. He wouldn’t say.

Such legislation seems unlikely. Not even Doer, a former union leader, was prepared to go that far.

However, changing the certification rules back to where they were prior to 2016 is very likely.

The NDP did not promise this during the recent provincial election campaign, but it was obviously in the works for some time. It was hidden from the public.

The Manitoba Federation of Labour issued a news release immediately after the throne speech, saying it was “glad that the new provincial government is committed to rebalancing Manitoba’s labour relations after the previous government tipped the scales in favour of employers.”

It’s almost as if the MFL knew what was coming.

The previous Tory government didn’t tip the scales in favour of employers. It simply gave workers the right to vote in a secret ballot on an issue as important as unionizing a workplace.

It should be up to workers — not governments, union organizers nor employers — whether a workplace is unionized or not. The only way to ensure the wishes of workers are respected is through a secret ballot vote.

Union leaders argue automatic certification guards against employer intimidation during certification drives. They say once a majority of workers has signed cards, they should be able to certify almost immediately before employers have the opportunity to intimidate workers to change their minds.

What union leaders don’t say is intimidation can work both ways, including from union organizers who have been known to strong-arm workers.

The only fair solution is to always put the matter to a vote, so workers ultimately have the final say in the privacy of a voting booth, without intimidation from anyone.

If the Kinew government goes ahead, it’s unclear where the NDP would set the bar to avoid a secret ballot vote. However, the new rules would likely be similar to the former legislation: no secret ballot vote if at least two-thirds of workers sign cards.

Certification rules differ in other provinces. Some have mandatory votes, others don’t. The British Columbia government last year eliminated secret ballot votes if a union signs up 55 per cent of workers.

NDP governments are beholden to unions. Unions have a formal role within the party. The NDP is required, at least politically, to give union leaders something in return for an election victory.

Unions helped get the NDP elected in the Oct. 3 provincial election, and it’s now time to pay the piper.

» Tom Brodbeck has been covering Manitoba politics since the early 1990s and joined the Winnipeg Free Press news team in 2019. This column previously appeared in the Free Press.