“In the group struggle over the division of the joint-product, labor utilizes the union with its two great weapons,—the strike and boycott; while capital utilizes the trust and the association, 他们的武器就是黑名单, 停摆, 还有结痂. The scab is by far the most formidable weapon of the three. He is the man who breaks strikes and causes all the trouble.”
摘自杰克·伦敦的《uedbet新版官网》
The scab might be the single most polarizing figure in the world of labour relations. 对雇主来说, the scab represents an effective means of applying economic pressure when contract talks with the union break down, either taking some of the financial sting out of a lockout, 或者破坏罢工的效果. 为纠察工会工人, the scab represents a breach in the strength of the line, 以及团结和集体力量的丧失. 同时, the use of scabs completely destroys the essence of a labour dispute, 这是, a withdrawal of labour creating a cost to both the union and the employer.
无论是在省级还是联邦一级, labour relations legislation in Canada is based on a set of fundamental principles arising from our freedom of association and the shared goal of harmonious employer-labour relations. The Preamble to the Canada Labour Code begins with
WHEREAS there is a long tradition in Canada of labour legislation and policy designed for the promotion of the common well-being through the encouragement of free collective bargaining and the constructive settlement of disputes…
The Code goes on to note that Parliament supports a system where employers and workers, “develop good relations and constructive collective bargaining practices,，并声称, “the development of good industrial relations to be in the best interests of Canada in ensuring a just share of the fruits of progress to all.” Provincial labour legislation contains similar language. 然而,, the use of scabs would seem to contradict these very clear and fundamental statements of principle. 正如本文所示, the use of scabs during labour disputes undermines the “common well-being” and decreases the likelihood of “good relations and constructive collective bargaining practices.”
在本文中, we will argue that strong and fair anti-scab legislation – at both the federal and provincial level – will help lead to shorter labour disputes, 更安全的工作场所, and less acrimonious and conflict-ridden picket lines.
This paper begins with an analysis of uedbet新版官网’s experience with the use of scabs during strikes and lockouts since the union’s founding in 2013. Surprisingly there is a lack of solid data in Canada regarding the effects of scabs on the frequency and duration of labour disputes. 在标题为 Scabs and uedbet新版官网 Strikes and Lockouts, 我们将探讨我们自己的经验与结痂, 通过数字, showing a strong correlation between the use of scabs and drawn out labour disputes.
We also know that beyond the numbers themselves, there are real working people out on the picket line, taking huge risks and fighting for themselves and their families. 来自纠察线的声音, we are going to look at two real life case studies that document the experiences of uedbet新版官网 members and how the use of scabs during labour disputes undermined workplace safety, 增加了冲突的可能性, 旷日持久的争端, and created lasting animosity that destabilizes labour relations.
Acknowledging these and other negative effects, governments have often limited and or restricted the ability of employers to use scabs during labour disputes. 在标题为 加拿大的反结痂立法, we will explore the relevant legislative regimes established by federal and provincial governments in this country. Then, we will take a bigger picture look, and explore the global situation in 世界各地的反痂立法. We believe we can build on the experiences of other jurisdictions to guide the development of a made-in-Canada solution to the problem of scabs.
The last two sections of this paper take the form of a literature review, providing an overview of some of the most important research undertaken by academics and labour experts regarding the subject. 在标题为 Effects of Anti-Scab Legislation on the Frequency and Duration of Labour Disputes, we will share some other studies that connect the use of scabs with more entrenched and protracted labour disputes. 在本节中, we will also briefly explore some of the challenges in assessing and comparing anti-scab legislation across jurisdictions.
最后,在 Effects of Anti-scab Legislation on Health and Safety, we will explore some of the most serious implications of the presence – or lack – of effective and fair anti-scab legislation.
