For the first time in over a century, discussions about a general strike have emerged in Alberta, triggered by the provincial government’s invocation of the notwithstanding clause to end a teachers’ strike. The Alberta Federation of Labour (AFL), comprising 24 unions representing 175,000 workers, along with its president Gil McGowan, who also leads the Common Front collective, have united to defend workers’ rights collectively.
McGowan has announced plans for unions to rally workers who are angered by the government’s suspension of bargaining rights, urging them to participate in recall campaigns and prepare for a potential general strike. However, the legality of a general strike raises questions about the actions the Alberta government could take to prevent it and the optimal timing for such an event.
A general strike involves workers from various sectors collectively ceasing work, but the proposed AFL general strike would not meet the requirements set by the Alberta Labour Relations Board for legality. The conditions for a legal strike or lockout include the expiration of a collective agreement, engaging in collective bargaining, mediation with a government-appointed mediator, a cooling-off period post-mediation, a board-supervised vote with a majority mandate, and a 72-hour notice before commencing a strike or lockout.
James Muir, a history and law associate professor at the University of Alberta, highlights the distinctions between legal and illegal strikes, emphasizing the significance of worker protections and the risks associated with unlawful strikes. Despite the potential unifying impact of general strikes in mobilizing workers across industries, the legality and consequences of such actions remain crucial considerations.
In the event of an illegal strike, employees face precarious situations, including fines or job loss, as exemplified by the 1988 strike by Alberta’s nurses. The use of legislative powers, such as the notwithstanding clause in the Back to School Act, underscores the government’s authority to enforce compliance with back-to-work orders and suspend bargaining rights until 2028.
Reflecting on Canada’s history of general strikes, like the Winnipeg General Strike of 1919, which led to significant political changes, showcases the potential impact of such actions. Despite the risks involved, the AFL views a general strike as a means to unify workers against perceived injustices by the government, with McGowan emphasizing the power of collective action in protecting workers’ rights.
While the effectiveness of general strikes remains debatable given the government’s ability to intervene, the threat of such actions can still exert substantial influence, as seen in past instances like Ontario’s education workers’ strike. The logistics of organizing a general strike require careful planning and unity among unions, with considerations for timing to capitalize on prevailing sentiments among the populace.
