Wartime Labour Relations Regulations

Labour unrest during the later years of the Second World War. The Canadian Congress of Labour was less politically active than an American counterpart, the American Federation of Labor.[2] The American Wagner Act passed in 1935, bringing in state protections for labour bargaining and forcing employer negotiations with certified labour unions. However, similar protections did not exist in Canada, and labour relations were governed through the Industrial Disputes Investigation Act, which had limited protections for striking, only applied in certain workplaces, and did not cover labour disputes related to union formation.[3]

At the onset of the war, the Canadian government adopted a legislative change to Canada's Criminal Code, adding Section 502-A that made it a criminal offense for an employer to fire a lawful member of a trade union. However, without a good legislative definition of what a lawful union was, the offense was of limited effect. The onset of the war also saw an extension of the Industrial Disputes Investigation Act through regulation, extending it to apply to from 15% of Canada's industry to approximately 85%.[3]

In 1940, labour leaders had begun to approach labour minister Norman McLarty. Organized labour's approach to wartime labour was one of conciliatory approaches to labour disputes in order to suppport the war effort, and the minister signaled that he did not wish to see this goodwill lead to exploitation of labour.[3] As a result, 1940 saw the government make a declaration in P.C. 2685 stating that employees should be free to join unions, which was welcomed by organized labour leaders, but some shortcomings in behaviour by the Canada Board of Munitions and Supply led to the Canadian Congress of Labour to call for a Wagner-style law to be passed. The government responded by strengthening regulations, but did not adopt legislation. [3]

In 1941, the Board of Conciliation, a body struck to manage disputes under the Industrial Disputes Investigation Act, found that National Steel Car refused to allow unionization votes, identifying the lack of punitive measures in current regulations.[3]

The province of Ontario created a collective bargaining act in 1943, that won acclaim from both labour and employers with regards to its ability to prevent work stoppages.[3]

In February 1943, an investigation by a newly formed National War Labour Board sought to inquire broadly into pay and labour issues. The Board ultimately endorsed the adoption of a national labour relations board, analogous to the American equivalent, with the power to sanction infractions of wartime labour violations. The report further called for the suspension of the Industrial Disputes Investigation Act for the duration of the war, and instead ban strikes and lockouts.

The report of the National War Labour Board was tabled in the House of Commons in January 1944. The Prime Minister affirmed the right of the federal government to govern industrial relations during wartime and stated that "the Code of labour Relations will be enacted in the near future."[3][4]

Order-in-Council 1003 was adopted in early February 1944 as an emergency wartime measure.[5][6] The order itself contained extensive whereas clauses highlighting the interest of the country's defense in mutual negotiations between labour and business.[6]

When the war ended in 1945, the industries managed under the War Measures Act should no longer have been bound by Order 1003, but a transitional piece of legislation, the National Emergency Transitional Powers Act meant that the Order 1003 was extended until March 31st, 1947.

Organized labour attempted to parlay the order into permanent legislation.[5]

With the reversion of industrial relations to provincial jurisdiction, multiple academics characterise Order 1003 as the basis for ensuing provincial legislation.[7]