A labour law for Nunavut?

“Made in Nunavut.” That’s the Nunavut government’s favourite phrase right now, inserted into every speech, announcement, press release, and media statement — whether or not it makes any sense.

Whether it’s education, health, housing, social services, justice or economic policy, the GN wants us to believe that it’s sticking a “made-in-Nunavut” label onto everything it does.

Territorial governments, including Nunavut, are able to act in those areas because of a process called “devolution.” Throughout the 1970s and 1980s, Ottawa devolved a long list of powers and responsibilities to the Yukon and the Northwest Territories. After April 1, 1999, Nunavut inherited them all.

But there are some important areas of public policy that cannot be “made in Nunavut.”

That’s because Ottawa has not yet transferred some province-like powers to the territories. They include the power to run criminal prosecutions, the power to tax and regulate oil, gas and mineral production — and the power to regulate labour relations.

Right now, whenever there’s a strike or lockout, or any attempt to organize or certify a union in the northern territories, all those activities are governed by a federal law — the Canada Labour Code.

Even if Ottawa were to give Nunavut the power to create its own labour law, there are some kinds of labour disputes that would always fall under Ottawa’s jurisdiction, such as airlines, broadcasting and telecommunications.

That means the seven-week strike by members of the International Brotherhood of Electrical Workers against NorthwesTel would always fall under federal law, even if responsibility for labour relations were devolved to Nunavut.

But that strike, and last year’s labour disputes involving members of the Nunavut Employees Union, are still a signal that in the future, organized labour in Nunavut will become a more aggressive force than it is now.

Even though Nunavut’s job-creation rate since the April 1, 1999, has been among the most rapid in Canada, Nunavut’s wage-earners are getting more and more dissatisfied with their lot. Whether they work for government, quasi-government organizations, or for private businesses, most Nunavummiut believe they are paying more than ever before for food, housing and transportation.

It’s well known that employee morale at the GN has fallen steadily since April 1, due in no small part to Nunavut’s escalating cost of living. As Iqaluit’s 2001 strike-lockout demonstrates, the same is happening to people who work for smaller employers.

Throughout the 1990s, wages and benefits for most workers were either cut or frozen. At the same time, the cost of food, housing and air transportation rose sharply. Wherever and whenever possible, wage-earners are trying to get back what they lost.

So it’s likely that in the future, we will see more strikes and lockouts in Nunavut, and that more employee groups will organize themselves into union locals. And if any of the much-hyped mining projects that we’ve heard about for the past 10 years are actually put into production, it’s inevitable that unions will attempt to conduct organizing drives at their work-sites.

Is Nunavut ready for this?

The Canada Labour Code, which is administered by a federal body called the Canada Industrial Relations Board, will always be there.

But it’s also likely that Nunavut would want legislation that enshrines arbitration, mediation and other dispute resolution processes that are consistent with Nunavut’s cultural values.

The Nunavut government should consider whether it wants the power to regulate labour relations within municipal governments, housing associations and private businesses.

Although most contract negotiations eventually work themselves out, there’s no guarantee that they always will. And there may come a time when the Nunavut government may wish to legislate an end to a potentially dangerous strike or lockout — and won’t have the power to do so.

JB