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Postal workers challenge Ottawa over back-to-work bill
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CTVNews.ca Staff
Date: Wed. Oct. 12 2011 9:00 PM ET
The union representing Canada's postal workers has mounted a legal challenge against the government's use of back-to-work legislation to restore mail delivery last June.
The Canadian Union of Postal Workers announced Wednesday it will challenge the constitutionality of the bill that forced tens of thousands of Canada Post workers back on the job.
The Harper government introduced the bill after nearly two weeks of rolling strikes by postal workers were followed by a lock-out. The turmoil caused mail delivery disruptions that led to a massive back-log of letters and parcels that took days to clear once service resumed.
Denis Lemelin, CUPW's national president, said the union is taking the government to court in order to protect workers' rights to free collective bargaining, as well as the right to strike.
"This back-to-work legislation was unjust," Lemelin told a news conference Wednesday. "It was the democratic rights of workers that were attacked.
"There is a fundamental principle here -- the freedom of association."
The union has hired noted constitutional lawyer Paul Cavalluzzo to handle the case.
Despite the union's concerns over the erosion of workers' rights, the government argued that maintaining postal service was key to preserving the country's fragile recovery from the economic crisis.
The government has made the same argument in recent days when vowing to introduce a back-to-work bill in the event of a strike by Air Canada flight attendants.
Jana Regimbal, a spokesperson for Labour Minister Lisa Raitt, defended the legislation that restored postal service.
"There was evidence that it was causing serious harm to small businesses across the country," Regimbal told The Canadian Press in an email. She did not address Wednesday's announcement.
Cavalluzzo said part of the case will include asking the federal court to decide whether the right to strike is protected under the Charter of Rights and Freedoms.
He told Wednesday's news conference that in his opinion, the government has become "addicted" to back-to-work legislation, citing the ongoing problem with Air Canada's flight attendants in additional to the postal workers' situation.
"It's an important case because we see now we have a federal government that is very cavalier with the fundamental freedoms of workers today," Cavalluzzo said.
He said the case may eventually be heard by the Supreme Court of Canada.
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It is about time - as a grandparent I have watched our kids (who were allowed to fail although I do remember some nagging on our part) learn, I have watched our children now micro-manage their children. A big part of it is the fact that there are predators out there and an extreme reluctance on the parents part to alllow freedom that might result in the children becoming victims.
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Jagators
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charlie
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Travis (Barrhaven)
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I'm sure labor unions have their uses, but in the case of Air Canada and Canada Post, I think they need to get their heads examined, especially with the problems with the global economy.
Be thankful for what you have today, because maybe you won't have it tomorrow.
Rob,
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Mike
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Mike
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pegger
said
All the jealous haters on here post the same thing over and over again - "You're overpaid! I'd gladly take your job and pay!" without having a clue what the working conditions are for the job.
Meanwhile they sit quietly when harper cuts the taxes to corporations to the lowest levels in the world, and the gap between rich and poor continues to grow, also at the fastest rate in the world.
Bob
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Andy in London
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BuzzerKiller
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allan
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Arne
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Dale
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Mike
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Emmanuel
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Instead of pleading for a repeal of the BACK TO WORK law of Last June, WHAT the Postal Workers union could have done more constructively is - go to the bargaining table and iron out their issues like any other deliberation of contract in any other Company. at the same time i'm not letting the GOUVERNMENT off the hook either. The Gouvernment should have not intervened in this case ,and let the CORPORATION figure out a solution that would have worked better for all involved. The UNIONS strategy wasnt the best Strategy ,but ROTATING strikes in diffrent cities every day was a fairer plan, than having to be ORDERED BACK TO WORK without accomplishing what you set out to accomplish. It might have dragged on longer , but everyone was fairing ok , with online billing options and going and paying their bills at the bank or in person at your utility companies offices. The gouvernment should have given it a chance. In summary . canada post ? go and enjoy the changing of the leaves , take a trip up north and let it go .
KAS
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It seems, however, that no matter how many illegal, unconstitutional, or human rights violations these CONS get, they have still managed to CON Canadians into thinking they have "the answers". Even when they act like the more radical Repugnicans and Tea Baggers to the South.
Too bad for Canada - but you people elected these losers!
Matthew
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Kitlope
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Troop
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GUS
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Peter
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JC
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Larry I Ontario
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Sam C
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Get to work
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Joe Szentirmay
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rod
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Mike
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If you hate it leave the company period
We at army walk 40-60 miles on daily basis with 60-200 lbs of gear and do we complain ?
DAVID
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Peter
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Buster Hargrove
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Ken in Kingston
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Abuse!!!
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RobARoy
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Jon in Burlington
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Frank Silva
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Will
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Mike
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Realist
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a equal amout, it will be all for nothing. CUPE will have lost regardless of the Supreme Courts decision. "The noy-with-standing clause in our Constitution, Thanks-a-lot Pierre.
Jake
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R U Kidding Me
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Matt from Montreal
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DonnyB2
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Robert
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J_J
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dab
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kevin
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Shoeman1975
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mike
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Let them strike, eventually they will all have to negotiate. Canada post is maybe a bit more central, so at least a minimum service could be legislated. In air canada's case, there are so many competitors that we should let market forces prevail.
Don
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Andy in London
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Andy in London
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JJ
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Debbie
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Ross
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One Canadian
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Brett
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Jen
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RG
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Chris in Edmonton
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Tom in Calgary
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Steve
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John
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Johanna Mathieu
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Jack
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I think that the harperites are mini-Republicans; only they're pursuing things that even the Republicans have found don't work (i.e. more prisons). Them and their buddies in business must be laughing all the way to the bank.
Brian Havelock
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M.M.B. Ont
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Jermac
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AH from Calgary
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Warren
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Phil
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spaz
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AM
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John - Kitchener (an ordinary Joe)
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Frank
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CP Worker
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Diane
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Mike
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There is nothing wrong with employees standing up for what they believe in. The fact is, there are NOT thousands of people waiting in line to work at Canada Post. The company purposely hires temp and casual new employees as a way to avoid giving people full time work and benefits. Working one day a month is not "work."
Chris H
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Maryanne
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L.King
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duck10goose
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Mike
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Chris
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@Roy
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Mtl Buddy
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RP
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I'm sure the majority of the population is sick of hearing your constant complaints. Given the current state of the economy, there are thousands of people that would gladly do your job, without complaining about it. Why don't you all quit and see if you can get another job (with your lack of education) for the money that you're currently getting. You're overcompensated to begin with so either shutup with your constant whining or quit and let other people have the jobs.
Sincerely,
Sick of hearing about this.
Nathan
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Spiltbongwater
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Marisha
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Mitch in Kitch
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William
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RonPaul2012
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Roy
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