In a rare move, the proposed back-to-work legislation to end the postal dispute sets out a wage settlement that is actually lower than Canada Post’s last offer.

“We’re really disappointed in the Conservative government’s position,” said Gayle Bossenberry, first national vice-president for the Canadian Union of Postal Workers. “The legislation is very restrictive.”

Labour Minister Lisa Raitt introduced the legislation on Tuesday, which outlines a wage settlement of 1.75 per cent in the first year, 1.5 per cent in the second year, and 2 per cent each in the final two years.

At the bargaining table, Canada Post has offered 1.9 per cent in each of the first three years, followed by 2 per cent in the final year.

The union, which represents 48,000 members, estimates the difference works out to about $875 for a full-time employee over the course of the four-year agreement.

While it may be rare to impose a wage deal, it’s not unheard of. In 1997, when the Liberal government ordered postal workers back to work after a two-week strike, it imposed a settlement that was less than Canada Post’s last offer, 5.15 per cent over three years instead of 5.25 per cent.

During question period, NDP Leader Jack Layton questioned the decision to impose wages, but Prime Minister Stephen Harper defended the move.

“The wage rates laid out in the legislation are the rates that this government agreed to with its other public service workers, and that is a fair settlement for Canada Post workers as well,” Harper said.

While the NDP has vowed to delay the legislation, Government House Leader Peter Van Loan told reporters that he expects the legislation will pass on Thursday or Friday, and then would go to the Senate. Mail service likely won’t resume until next week.

The government had threatened back to work legislation in the case of striking Air Canada workers, who reached a tentative deal with the airline last week.

In addition to the unusual step of setting wages, Bossenberry said it also uses the final offer selection process, where each side presents its final offer, and the arbitrator, who is appointed by Raitt, chooses a winner and a loser.

Unlike mediation-arbitration, there is no back and forth or attempt to find a middle ground.

The legislation also sets out penalties if the union or Canada Post defies the legislation, including up to $50,000 a day for union or company official, and up to $100,000 a day for the company or union. Individuals would face up to $1,000 a day.

“I think workers right across the country should be aware if this is the respect that the working class gets in Canada, I’m concerned,” Bossenberry said.

Even though both sides insist they want to hammer out their own agreement, they seem entrenched in their own positions. Talks are continuing, but there is little progress.

When mail volumes began to plummet, Canada Post announced plans to move to home delivery only three days a week. It then locked the workers out last week.

Ontario Federation of Labour president Sid Ryan said introducing back-to-work legislation is one thing, but “to start to prescribe what wage settlements should be is Draconian.

“It’s usually left to an arbitrator to decide. It’s unheard of,” said Ryan, noting that even in Wisconsin, where Governor Scott Walker has been taking on public sector workers, he did not set out wage settlements.

Carla Lipsig-Mummé, a York University professor who specializes in work and labour relations, called it highly unusual to put in a wage settlement as well as bring in back-to-work legislation in a lockout situation.

She believes this legislation could be subject to a court challenge on the grounds of contravenes charter protections, including the right to collective bargaining.

The legislation also states the arbitrator should be guided by the terms and conditions of what workers in other comparable postal industries face as well as flexibility to ensure the short-term and long-term viability of Canada Post.

It also says “the solvency ratio of the pension plan must not decline as a direct result of the new collective agreement.”

For organized labour, the Harper government’s swift action to bring in back-to-work legislation, in the Canada Post and Air Canada disputes sends a strong message.

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“They have placed the labour movement on notice that the right to strike doesn’t really exist in Canada, even in the private sector,” said Ontario Federation of Labour president Sid Ryan. “(Harper) has thrown down the gauntlet, and said your move is next.

“We’ve got to respond,” said Ryan, adding there were no specific plans in the works though he mused about the one-day general strike launched in the 1970s in opposition to wage and price controls.

“We stand on the shoulders of labour leaders who came before us and fought for these rights. We have an obligation to fight for them.”

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