The strike by federal civil servants is not the nightmare that we believe for Justin Trudeau. At least it doesn’t need to be. If he is skillful, this could become an opportunity for him.
Introducing a special law to force a return to work would not necessarily be politically damaging. And even if it would be an affront to the unions, they could still obtain gains afterwards.
Even if the strike were broken, the federal government would not decree the working conditions. It would be settled by arbitration or some other independent, clever mechanism that can predict the outcome. Union members could come out on top, as was the case for the Port of Montreal stevedores. And it could also influence other employers who will regulate telework.
Let’s start with the political consequences.
After deficits during a period of economic growth during his first mandate, after inflation fueled by his pandemic spending and after his recent abandonment of a target of returning to balanced budgets, Mr. Trudeau could finally show minimal concern for the public finances.
PHOTO ADRIAN WYLD, THE CANADIAN PRESS
Prime Minister Justin Trudeau
Since the start of his reign, the prime minister has paid more attention to his left. He is courting the New Democrat electorate, at the risk of alienating the old liberals who are more interested in the economy than social justice or identity issues.
For his part, Pierre Poilievre is moving even further to the right. A slate of center or center right voters suddenly becomes available.
If these people look at the numbers, they won’t sympathize so much with federal officials.
To summarize the conflict, we cite the wage increases demanded. However, the starting point must also be taken into account. And the conclusion is clear: civil servants are not mistreated.
When considering overall compensation (salary, pension plan and benefits), federal civil servants are paid more than those in Quebec and unionized and non-unionized private sector employees.
Even during the Harper years, their compensation increased by an average of 5%, more than inflation.
They also retire earlier than the average population. And they are more numerous, both in absolute numbers and as a percentage of the population. However, this has not translated into productivity gains or a measurable improvement in services.
Last summer, the Governor of the Central Bank issued this warning: if Ottawa gives in to the wage demands of public servants, this risks having an effect on the rise in wages on the labor market and thus accelerating inflation.
Of course, workers who are suffering from the rising cost of living must be helped. But is this the case for civil servants? The strikers belong more to the white collar than to the working class.
Solidarity will soon reach its limits. Especially among those who are waiting for their passport or companies that suffer from the usual delays in immigration, for example…
The right to strike is protected in Canada. Several Supreme Court decisions framed it, as Jean-Claude Bernatchez, professor at the University of Quebec at Trois-Rivières and director of the Labor Relations Observatory, reminds me.
The Court upheld the right to negotiate a collective agreement without “substantial interference”. It then protected the right to strike, as an essential process in this negotiation.
Under current law, Trudeau can pass special legislation to force a return to work. However, the validity of these laws is usually challenged in court. And even when it is recognized, the government cannot decree working conditions. It has to go through arbitration.
This is what happened in 2021 with the Port of Montreal longshoremen. The unions had obtained retroactive salary increases of 18% over five years. It was more of a win than a loss for them.
For the current strike, the use of an arbitrator would be useful. It could even serve as a reference for teleworking.
Few studies exist to assess the impact of telework, explains Bernatchez. The main one was conducted in the United States by the Human Resources Department, and it is quite positive.
Telecommuting has advantages. It facilitates work-family balance and reduces congestion, road pollution and expenses for workplaces.
Even though employers fear losing control, employee productivity can be checked. For example, you can check the number of files processed per day by a Revenue Canada employee.
On the other hand, the right to disconnect cannot be absolute. If an employee wants more freedom to arrange their schedule, it must come with a counterpart.
With their advantageous remuneration and the disappointing quality of the services, the civil servants will quickly end up running out of allies.
If Mr. Trudeau calls off the strike, he will finally be able to show minimal concern for spending control. And he would also be doing everyone a favor by letting an independent expert define the contours of tomorrow’s telework.