é¢ VERHAUL the
@) labor act,” read a
screaming ,head-

line in the Vancouver News-
Herald on the morning *of
October 3 last. “Confessing
to public unpopularity of

Bili 39a majoramendment to the
Industrial Arbitration and Con-
Gitiation Act passed at the last

session of the legislature—execu- ©

tive of the B.C. Liberal Associa-
tion Thursday passed a resolution
asking for its amendment at the
next session of the House.”

So read the introductory parar
graph to the report of the Liberal
~ resolution on Bill 39 which said:
“We do most seriously recom-
mend to the provincial govern-
ment that early in the next ses-
sion of the legislature they do
overhaul and amend the said act
to the end that they make it
more consistent with recognized
liberal, democratic and equitable
principles . . . so that they thus
may bring the said act into 'grea-
ter sympathy with public opin-
ion in general.”

Bill 39 was specifically designed
by its Coalition sponsors to ob-
struct the trade union movement
of B.C. in use of its bargaining
power to secure just wage de-
mands, shorter hours, greater
safety and better conditions on
the job. Recognition of that fact
was given by delegates to the
last Liberal convention but the
resolve of that convention stands
today betrayed and forgotten in
the light of proposed amendments
introduced to the legislature last
Thursday in the government's

Bill 87. The changes, instead of .

improving Bill 39 will make it in-
finitely worse, if they are al-
lowed to carry.

In no respect of legislative po-
licy has the Tory-Liberal . Coali-
tion so exposed its biased atti-
tude to the working people as
in this important field of labor
legislation. In 1947 the trade un-
ions of B.C., who together with
their families comprise the great
majority of the citizens of this
Province, asked for a genuine la-
bor code. Instead, the Coalition
listened to a handful of big in-
dustrialists and enacted a Cana-
dian version of the Taft-Hartley
Act,

\

It made trade unions legal en-
tities subject to court actions for
damages, thereby placing these
Voluntary, non-profit, protec-
tive organizations at the mercy
of the big wealthy corporations
whose resources are sufficient to
Strangle the trade unions by a
Series of court actions.

By a recent decision of he
Court of Appeal in the case of the
Nanimo Laundry Workers Union,

the right’ of the government to ~

Proseéute a trade union as such
was established. In the case of
the Vancouver Machinery De-
partment ‘versus United Steel
Workers, the Court of Appeal’s
decision of\March 16 extended the
Principle so that it is now also
Possible for employers to bring
Civil suit for damages * against
trade “unions as such.

Amongst the newly proposed
amendments to Bill 39'is one which
SPecifically eliminates whatever
Protection against civil suits

‘Section 47 of the old act provided.

Thus the government proposes
to remove the clause which sta-
ted: “No action may be brought
Under or by reason of any col-
lective agreement, unless it may

be brought irrespective of the.

Provisions of this act.”

By removal of this provision,
‘the government is paving the
Way for court action by anti-
labor employers to keep the trade
Unions in a stata of legal turmoil,
Which, even if it does not suc-
ceed in collecting damages, will
Put the union to an enormous
expense to defend. itself .

Labor fights

fascist curbs

a

Union-busting amendments
such as these must not be al-
lowed to pass. On the ‘contrary,
a specific clause must be inser-
ted in the labor laws to streng-
then provisions so as to prohibit
civil action for damages by em-
ployers against unions. This is a
fundamental principle which
trade unions fought for and es-
tablished a half century ago. It
is one which labor will never re-
linquish without a. bitter struggle,
because it means the destruction
of free trade unionism: .

,HE amendments z roposed . by

the Tory-Liberal Coalition,’ es-
tablish far-sweeping powers to
delay; reject or even cancel ..cer-
tifications; : specifically” the new
amendments state ““ “the
Board may cancel the certifica-
tion of the bargaining authority
for these employees, and in that
event the Board shall establish
such procedure as it thinks pro-
per to enable the employees and
their employers to ROROALS, for

a settlement of the strike.”

Thus the government proposes
to invest the Labor Relations
Board, (the same men who are
credited with having recommend
ed these reactionary union-bust-
ing provisions) with the power
not only to cancel the certifica-
tion of a union but to even es-
tablish such procedure. as. it
thinks proper for collective bar-
gaining purposes. Thus the Board,
the government or the big bosses
they represent, if they do not like
the color of a union leader's tie,
or the way he parts his hair, can

under this section, repardless or

the democratic wishes of the
union membership, decide to
change the bargaining Soa
tatives.

By NIGEL MORGAN

This provision ‘certainly re-
moves any continuity or stabil-
ity of employer-employee rela-
tions. It encourages the raiding
of one union by another, par-
ticularly in industries where there
are seasonal fluctuations, or
where an anti-labor employer for
union-busting reasons wants to
increase or decrease his staff as
a temporary expedient. The boss
is thereby given another power-
ful weapon .to unscrupulously
juggle and maneuver in order to
attack and_ hamper unionization
by getting a certification can-
celled.

The Labor Relations SR oe is
given the right to refuse certifi-
cation even if. all other provi-
sions of the Act are complied

with. In another section, the right ©

to a democratic vote of employees
to establish their genuine desire
as to collective bargaining, is
taken away; and in still another
section, the Board is given the
right to actually increase or de-
crease wages, to make alterations
in any term or condition of em-
ployment, which is a most dan-
gerous and untlemdcratic pro-
cedure.

It permits the Board to step
in over the head of the union
and without its knowledge or
consent, allow or order the em-

-ployers to change wages and

working conditions. Such chan-
ges could well result in the union
being deprived of the fruits of a
successful arbitration or success-
ful negotiation for a’ new agree-
ment. Such viciously anti-labor
measures can well lead to the
smashing of a trade union.
Another union-wrecking pro-
viso to the amendments which
the government has proposed is
the section which gives the Board
the right to refer or force super-

vised secret ballot on any offer

the employer may make during
the course of a strike. It is no
actident that the amendment
dods not propose that the Board
have the right to step into a

company’s affair and direct or

conduct a ballot among the
shareholders in order to override
the'-wishes of the directors. Such
viciously, unfair and biased
treatment of the trade union
movement -: is: typical of last
year's: Bill 39; and «make no mis-
take about it, the same injustices
aré’-embodied in the sidey amend-
ments | being meaty :

THAT is" the - ik of the: John-.

“son*-- Anscomb sponsors: :of
the:.. new.’ employer-inspired

amendments? It can “be® for ‘no’ ~~

other purpose- than: to break
the back of labor, to reduce it
to. its pre-war status, to intimi-
date and split*the ranks of “labor,

to undermine ‘the. trade ‘unions so.

they’ will not be able to meet the
consequences of the coming de-
pression, but will be compelled to
meekly accept handouts when the
miserably low unemployment in-
surance benefits are exhausted.

The solemn promise of Labor
Minister Wismer of amendments
to Bill 39 in line with labor’s
demands, have been violated. The
resolution of Premier Johnson’s
own. Liberal conference has been
ignored. Instead the forecast of
Tory leader Anscomb made on
this serious several weeks ago

“that “if there is anything wrong

with Bill 39, it will remain wrong,”
has become a reality. -

These new proposals to amend
Bill 39 cannot be taken lightly.
From every quarter the winds of
reaction are blowing, carrying
with them the stench of fascism,
and the labor movement of this
province will make a_ serious
under-estimation if it fails to
see the fascist content in the
proposed worsening of Bill 39.

The Labor-Progressive Party
is vigorously opposed to the gov-
ernment’s amendments. Together
with the CCF, we support the
just and rightful demands of the
CCL and AFL unions. We say
Bilt 39 must be amended, firstly
to completely eliminate the pro-
vision making unions legal en-
tities. Secondly, to reduce the
time limit for conciliation and
settlement of disputes. Thirdly,
to end interference in the in-
ternal affairs of a union in the
conduct of its own democratic,
secret strike ballot, and fourthly,
to eliminate the present pro-
visions which encourage the
splitting of industrial and the
raiding of craft unions.

Enactment of such amend-
ments will help restore har-
monious industrial relations in
B.C. in which we had an enviable
record among the provinces un-
til enactment of Bill 39 last
year. The trade unions will not
accept legislation modelled on
the fascist order.

We say British Columbia needs
a labor code and not a_ bosses
code and we will support with
all the power at our command
the struggle for the attainment
of that just demand.

The Coalition’s action on Bill
39 provides conclusive proof of
the fact that labor cannot rely
on its promises. Obviously what
is needed today is joint action
on the political front to sweep
these Tory-Liberal hirelings of
big business out of office at the
next provincial election.

That is why the Labor-Pro-
gressive Party pledged at its
convention last month to work
for adoption of the only realistic
means today of establishing a
government in power that can
reverse the present reactionary
policies of the Liberal-Tory Coali-
tion—that is by nominating a
very limited number of candi-
dates and campaigning in all

other constituencies for election
of CCF candidates, or candidates
representing the united support
of the entire labor movement, in
order to defeat the Coalition and
elect a CCF government.

@ Condensed from a. broad-—

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