Replacement workers still an option for Manitoba employers during labour disputes, while gov't mulls ban

A rural Manitoba school division has become the latest employer to try to use replacement staff to cover for striking workers — a practice Wab Kinew said he would consider banning, prior to becoming premier.

The Hanover School Division, based in Steinbach, Man., has enlisted a recruiting company to find educational assistants, after its EAs went on strike on Nov. 1.

The job posting states applicants will work with "challenged students and play a pivotal role in creating a positive learning environment."

The advertisement requests applicants specify their qualifications, but the posting itself doesn't list which qualifications are needed.

The call-out for replacement workers is raising some concerns from parents, according to the Christian Labour Association of Canada, the union representing the striking workers, since the temporary workers would be paid more — at $20 an hour — than most of the school division's employed EAs.

"I believe that if they can pay temporary people to come in and do that job, why can't they pay these EAs who are working their butts off and doing a lot of the teachers' work?" said Tonya Sobhani, whose 13-year-old daughter has been struggling in math class without the help of her educational assistant.

Hanover School Division didn't answer questions from CBC News on Monday. 

NDP members support replacement worker ban

Party members of the governing New Democrats tend to agree that replacement workers shouldn't be an option during periods of labour strife.

At the NDP's annual convention last October, members unanimously passed a resolution calling for a legislative ban on the use of replacement workers.

NDP Leader Wab Kinew said at that time the idea "makes sense to him" personally, but he wanted to ask Manitobans what they think first.

It isn't clear if the NDP engaged in any formal discussions in the year since that convention, and it doesn't appear to be a major priority of the party one month after their election to office — it's not listed in the mandate letter issued to Malaya Marcelino, minister of labour and immigration.

Marcelino herself said it's still early days for the NDP government, and discussions on this subject are needed.

"I am very much open to this conversation that needs to be had with both business and with labour and workers and families," she said.

"My door is going to be open on this topic." 

The party isn't required to act on any resolutions passed at NDP conventions.

Previous NDP premiers Gary Doer and Greg Selinger decided against such bans, saying the requirement of binding arbitration 60 days into a labour dispute had the effect of reducing the length of strikes and lockouts and resulted in labour peace.

However, there's been a noticeable surge in labour disputes in the last few months, with public-sector employers Manitoba Public Insurance, Manitoba Liquor and Lotteries and the provincial land titles office all experiencing periods of unrest.

The former provincial government, under the Progressive Conservatives, used replacement workers at Liquor and Lotteries to work at the distribution centre and Liquor Mart locations in Winnipeg.

The Manitoba Government and General Employees' Union, which represents staff at the aforementioned employers, said they'd fully support a ban on replacement workers because bringing in temporary staff "only serves to prolong strikes and lockouts," president Kyle Ross said in a statement. 

Kevin Rebeck, president of the Manitoba Federation of Labour, argues the use of replacement workers is an "inherently unfair" advantage to management. He plans to bring up the subject during his meeting with the labour minister on Tuesday.

"If things break down and one side is out on the street and not collecting a paycheque, we don't think that the other side should just get to act with impunity and carry on work like nothing's gone wrong," Rebeck said.

Replacement workers are prohibited in B.C. and Quebec. The federal government has pledged to ban replacement workers in federally regulated sectors.

The Winnipeg Chamber of Commerce argues the campaign to prevent replacement workers is "more about ideology than good policy."

Province has labour peace already: Chamber

"The reality is in Manitoba we have a very balanced labour environment right now. We haven't lost a lot of days to work stoppages. There's labour peace generally across the province and there is no need to move forward with this," president Loren Remillard said.

He explained proponents of this argument should produce evidence that such a prohibition benefits the province at large, including employers and workers. 

Ron Schuler, the PC caucus chair, argues the NDP government has already tilted the balance toward labour. MLAs and party candidates attended rallies and walked picket lines with striking workers at various Crown corporations.

Schuler said the new government shouldn't forget that increased costs on public-sector employers ends up costing Manitobans in the long run.

Hanover School Division the latest to opt for replacement workers during labour dispute

1 year ago

Duration 2:10

With educational assistants in the Steinbach area on strike, the school division has turned to replacement workers to fill jobs. The decision to use replacement workers during labour disputes is opposed by the labour movement and the grassroots of the NDP government.