44th Parl. 1st Sess.
December 14, 2023 10:00AM
- Dec/14/23 4:38:35 p.m.
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Madam Speaker, I am going to pick up on what my colleague from the Conservative Party just said, which is that they are here to advance legislation. It seems to me that it would be so much clearer if he could just tell us whether or not his party is going to be in favour of such a bill. It seems to me that would speed things up. If that is what they are here to do, it seems to me they have a great opportunity to do it and send that message loud and clear.
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Madam Speaker, I will begin by talking about democracy, union democracy.
There are some people who think that unions do whatever they want, however they want, but that is not at all true. First, it is a recognized right, is it not? Then, people at the head of unions are elected. I feel like saying that sometimes these are ejection seats when members are not pleased, are not satisfied. Union leaders do not do whatever they want, however they want, and their power is limited by the will of their members. I know something about that, having been the president of a 10,000-member union for 10 years. Democracy applies, as I always say.
Now that I have explained that a union is a very democratic body, I will come back to the matter at hand.
In nearly every one of their speeches, my colleagues have said from the outset that the Bloc Québécois is very much in favour of this important bill. I would like to add a few points. We will have hoped and waited a long time for something like this. As the saying goes, better late than never. Anti-scab legislation is a legislative tool that allows workers who, in order to gain respect and decent working conditions, must use the ultimate pressure tactic, a strike, to achieve that. Nobody is ever excited to have to go on strike.
My speech will be largely inspired by a file on this subject prepared by Unifor. Unifor was founded by two major Canadian unions: the Canadian Auto Workers Union and the Communications, Energy and Paperworkers Union. Unifor has a few more members than my union. It has 315,000 members, 696 locals and 29 sectors. The people at Unifor know what they are talking about. I see this legislation as nothing less than a matter of fundamental respect. I will take my cue from Unifor and share its premise:
Scabs tear apart communities, pull down workers and prolong disputes—something, we at Unifor, know all too well.
Since Unifor formed in 2013, our three longest labour disputes in terms of overall days lost involved the use of scabs. Labour disputes that involved scabs lasted on average six times longer than those without scabs.
Scabs remove any incentive for the boss to bargain fairly and they tip the balance of power away from workers trying to exercise their right to withdraw services when an employer is unreasonable.
What Unifor said on its website is clear.
It is always a good idea to remind the House that Quebec implemented this sort of legislative framework in 1977. There are, perhaps, a lot of people here who were not even born yet or who were not very old at the time, and so they may not be as aware of the harmful effects that the lack of such legislation can bring about. It is a matter of conviction. It is a matter of perception. However, the Quebec law has its limits. It does not apply to federally regulated employees.
At the core of all this is the idea of respect, respect for workers and their loyalty. It is also about respecting their legitimate request to be heard by their employers. It is about ensuring that, when the time comes to renegotiate an expired collective agreement, there is a real possibility of engaging in negotiations that are as productive, honest and fair as possible.
Scabs are a direct attack on the right to strike, as is the use of special back-to-work legislation. Canada has used that tactic extensively. I remember it happened with Canada Post, I believe, when I was first elected. That, too, is an attack.
The Supreme Court writes, “The right to strike is an essential part of a meaningful collective bargaining process in our system of labour relations.”
It is clear that the right to organize and the right to strike to improve working conditions are both recognized rights in this country.
It is high time this law be brought into the federal framework because workers in federally regulated sectors in Quebec have essentially become a different category of salaried employees. The same can be said in British Columbia, which passed similar legislation in 1993. This means that, in Quebec and British Columbia, not all employees have the same rights.
Here in the House of Commons, the Bloc Québécois has tabled 11 bills since its creation. There have also been NDP bills.
Our esteemed colleague in the House, the longest-serving member of our assembly, waited 33 years for this result after introducing the first anti-scab bill back in 1990 and 11 others after that. The member for Bécancour—Nicolet—Saurel must be reliving a few highlights from those days now.
I would now like to return to the background document prepared by Unifor.
The scab might be the single most polarizing figure in the world of labour relations. For employers, the scab represents an effective means of applying economic pressure when contract talks with the union break down, either taking some of the financial sting out of a lockout, or undermining the effectiveness of a strike. For picketing union workers, the scab represents a breach in the strength of the line, and a loss of solidarity and collective power. At the same time, the use of scabs completely destroys the essence of a labour dispute, that is, a withdrawal of labour creating a cost to both the union and the employer.
The provisions of Bill C‑58, starting with the prohibition against using replacement workers, including subcontracted workers—except in very specific situations—along with the prohibition against crossing the picket lines and fines for non-compliance, are the basic components of this legislation.
These clear prohibitions form the basis for additional provisions, such as those specifying time limits for each intervention or the powers conferred on the minister to regulate the setting of penalties.
Is it any wonder that business groups, including the Canadian Chamber of Commerce and the Canadian Federation of Independent Business, are concerned about Bill C‑58? The answer is no. I am thinking of the activities of lobbyists. I will come back to that shortly.
Employers do not want to lose that competitive edge over their workforce, namely the ability to settle a labour dispute without any industrial or commercial impact when other people are being paid, ever. Their position is that, if the bill passes, it would deprive employers of the opportunity to mitigate the harm caused by prolonged work interruptions and lead to further problems in supply chains still recovering from COVID‑19-related shutdowns.
COVID‑19 is clearly an excuse for everything. My question, however, is this: What about the harm being done to workers, for goodness' sake?
In 2023, it is frankly disappointing to see such organizations shirking their responsibilities. I would say that it is archaic to think that workers are not being harmed in any way, and that it is mostly employers that are harmed when their business declines.
The Government of Canada's delay in implementing this legislation leaves me, as a former union president, with a bad taste in my mouth. There is no need to wait 18 months after a bill receives royal assent for that legislation to come into force. We have never seen anything like it.
It is not required for the government, whose role is to legislate, to give in to the demands of employers. Which brings us back to the issue of lobbies, who always use their clout, in every area, to weaken legislation and regulations.
I will close by reading an excerpt from The Scab, by Jack London.
In the group-struggle over the division of the joint-product, labor utilizes the union with its two great weapons, — the strike and boycott; while capital utilizes the trust and the association, the weapons of which are the blacklist, the lockout, and the scab. The scab is by far the most formidable weapon of the three. He is the man who breaks strikes and causes all the trouble.
I am going to be realistic and end on that note. We should not celebrate too soon. It could take a while. Could there be obstruction? Could there be an early election that causes Bill C‑58 to die on the Order Paper?
Although there is still a long way to go, the Bloc Québécois is delighted that workers covered by the Canada Labour Code will soon have the same rights as all other Quebeckers. This will correct a major inequity.
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- Dec/14/23 5:07:43 p.m.
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Madam Speaker, the fact that the official opposition's position is unknown could slow the work down, but I clearly read that the Leader of the Opposition said they were pro-worker. It is not that much of a stretch. Someone who is pro-worker should be in favour of this bill.
What does a strong, fair anti-scab bill accomplish? First, it reduces the length of disputes, that is for sure. I gave some examples of that earlier. It also makes workplaces safer. We have seen confrontations break out when scabs are brought in. Finally, it significantly reduces picket line conflicts.
I would go so far as to say that an anti-scab bill improves labour relations, especially during a strike.
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- Dec/14/23 5:09:57 p.m.
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Madam Speaker, I thank my colleague for the question. My colleague is also my MP in Montreal.
In 2005, we were just 12 votes short. It was not Bloc Québécois votes that were missing, we can be sure of that. Obviously the Bloc Québécois is going to make every effort to ensure this bill is adopted.
The 18-month delay worries us. We do not understand it. I have already asked the government about it and I was told we could change this in committee. That being said, it is their bill. What prompted them to include an 18-month delay? That has never been done.
Usually, a bill receives royal assent and then it comes into force. There is no doubt that my colleague and I will work on fixing this.
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- Dec/14/23 5:11:16 p.m.
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Madam Speaker, I must admit that we are wondering about that. Are we doing all of this for nothing? Will there not even be a bill in the end?
Here is why we are wondering about that. The much-talked-about agreement between the NDP and the Liberals states that the government is committed to introducing a bill. The agreement does not state that the government agrees to pass that bill. We are concerned about that. My colleague used the word “sham”, and we are wondering if that is what this is.
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