FIRST IN CANADA

City of Ottawa bans replacement workers (SCABS) during municipal worker strikes

City's new bylaw a 'significant shift in labour law'

By Ronald Minken
Nov 28, 2023

In a significant development for labour rights in Canada, the City of Ottawa has taken a progressive step by banning the use of replacement workers during strikes. This decision represents a significant shift in labour law and has implications for both employers and employees. In this article, we will explore the details of this decision, its potential impact, and what it means for the future of labour relations in the country.

Ottawa City Council recently passed a bylaw that prohibits the use of replacement workers, often referred to as “scabs,” during labour strikes. This move makes Ottawa one of the first Canadian municipalities to take such a step. The ban applies to the public and private sectors, covering various industries and workers.

Key points of the bylaw

Scope: The bylaw applies to all employers within the city limits of Ottawa, including both public and private sector employers.

Prohibition: During a strike or lockout, employers are prohibited from hiring replacement workers to perform the duties of the striking or locked-out employees.

Exceptions: There are exceptions to the ban. For example, employers may still hire temporary workers for duties unrelated to the work affected by the strike or lockout. Additionally, employers may use management personnel or supervisors to perform the work of the striking employees.

Enforcement and Penalties: The bylaw includes enforcement mechanisms and penalties for violations. Employers found in violation may face fines and other consequences.
Implications for labour relations

The ban on replacement workers in Ottawa has significant implications for labour relations in the city and potentially beyond. Here are some key points to consider:

Empowering Workers: The ban is seen as a victory for labour unions and workers’ rights advocates. It empowers workers by reducing the leverage that employers have during labour disputes. With replacement workers off the table, striking employees may have increased bargaining power.

Reducing Tensions: The use of replacement workers during strikes often leads to heightened tensions between striking workers and their employers. Banning replacement workers could contribute to a more peaceful and less confrontational labour environment.

Challenges for Employers: Employers, especially those who rely on replacement workers during strikes, may face challenges in managing labour disputes. They will need to explore alternative strategies for maintaining operations during strikes.

National Implications: While this bylaw applies only to Ottawa, it could set a precedent for other municipalities and provinces. Similar bans on replacement workers might be considered elsewhere in Canada.

Balancing Act: Labour laws are a delicate balance between workers’ rights and employers’ interests. This ban represents a shift in that balance, emphasizing the protection of workers’ rights during strikes.

The ban on replacement workers in Ottawa is a significant development in Canadian labour law. It reflects a commitment to protecting the rights of workers during labour disputes and may have broader implications for labour relations in the country. As employers and unions adapt to this new regulatory landscape, how this change will shape the future of labour disputes and negotiations in Ottawa and potentially beyond remains to be seen.

Ronald S. Minken is a senior lawyer and mediator at Minken Employment Lawyers, an employment law boutique in the Greater Toronto Area.