Western's use of replacement workers a rare 'hardball tactic,' labour expert says

At Western University campus Wednesday, a worker steers a riding lawn mower over the grassy hill that leads up to the iconic University College tower. 

Inside Thompson Arena, another worker drives a resurfacing machine over centre ice ahead of the Mustangs' hockey season.

In campus parking lots, white heating company vans show workers are getting furnaces ready for cooler weather. 

All typical for a fall day on campus, but also very different. That's because since a strike began on Aug. 30, the work is being done by replacement workers, not the 330 unionized employees represented by CUPE Local 2361. 

Union representatives have said they're seeking improvements in wages with many of their members working other jobs to make ends meet. The workers include building caretakers, gardeners, arena operators and other tradespeople.

Chris Yates, vice-president of CUPE Local 2361, said the university's move to use replacement workers removes a key incentive to get both sides to the bargaining table. 

"They're clearly trying to break the union," said Yates, who works as an electrician on campus.

So how is it that Western can use replacement workers — sometimes referred to as "scabs" by those in the labour movement — when their use would be illegal in many other provinces, including British Columbia, Quebec and at federal workplaces across the country?

Ontario didn't have laws to prohibit the use of replacement workers until Bob Rae's NDP government passed so-called anti-scab legislation in 1993. However, it was short lived. Legislation to prohibit the use of replacement workers was removed in 1996 as part of sweeping labour reforms brought in by the new Mike Harris government. 

Rafael Gomez, a professor of industrial relations at the University of Toronto, said bringing in replacement workers is seen as a "hardball tactic" in labour circles, which is why it's often not used. 

"It's a line that doesn't get crossed very often," he said. "It often incites antagonism by the workers who see their jobs as now being taken by others." 

Gomez said even in cases where a negotiated deal is eventually reached, an employer's decision to use replacement workers can sour the mood and drive down morale when workers return to their jobs. 

He said it's important to remember that most labour disputes require a negotiated settlement to end, and the use of so-called scabs can leave both sides entrenched. 

There is a counter argument of course. Many employers believe legislation barring replacement workers can work to reduce the number of strikes and lockouts because it can force unions to be more reasonable at the bargaining table, Gomez said.