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House Hansard - 268

44th Parl. 1st Sess.
December 14, 2023 10:00AM
Context: House Hansard - 268 - Dec/14/23
Ms. Viviane Lapointe (Sudbury, Lib.)
  • Dec/14/23 4:13:18 p.m.
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  • Re: Bill C-58 
Madam Speaker, I am pleased to stand today in support of Bill C-58. On November 9, 2023, we tabled Bill C-58 to ban the use of replacement workers in federally regulated industries during a strike or a lockout. When the Minister of Labour argued his case, he clearly illustrated how resorting to strikebreakers does no good for anyone: not for employers, not for strikers and certainly not for Canadians. However, the minister reminded us that hiring replacement workers in 2023 is still legal. We have seen many examples where a workplace that has been poisoned over the years, often including the use of replacement workers, experiences long and frequent work stoppages. Each side will argue its position, but ultimately, the use of replacement workers can undermine the rights of workers. Addressing the use of replacement workers is long overdue. Unions have repeatedly told us that using replacement workers can poison relationships, prolong disputes and keep people from focusing on getting an agreement at the bargaining table. That is not good for either side and it is especially bad for the Canadian economy. The Canadian labour movement has long been asking for this, and we have listened. The unions explained that allowing replacement workers undermines workers' rights to strike, and that gives employers the upper hand. They argued that this imbalance of power leads to more difficult bargaining processes and makes strikes and lockouts longer. The government believes in free and fair collective bargaining because we know that is how the best deals are reached, deals that bring stability and certainty to our supply chains and services because they are built on agreements and compromises between the parties. Thorough collective bargaining and stability are not mutually exclusive, as some might argue. In fact, I believe that one reinforces the other. That belief is at the core of the legislation we introduced on November 9. Bill C-58 proposes to ban new hires and contractors from doing the work of striking or locked-out employees. If it is a full strike where everyone is supposed to stop working, employers would not be able to use members of that bargaining unit and have them cross the picket line, even to work from home, for example. We are going beyond a simple prohibition. We are proposing clear timelines to address issues with the maintenance of activities provisions in the Canada Labour Code. If and when the bill comes into force, the parties will have 15 days to come to an agreement on what services they need to maintain to protect the public from immediate and serious danger during a work stoppage. If they cannot come to an agreement, the matter would have to be referred to the Canada Industrial Relations Board to resolve within 90 days. That is important because right now, if negotiating parties have to go to the board for this kind of decision, it can take months or even over a year. During that time, the right to strike or lockout is suspended while the parties present arguments in that forum. It is also a distraction from the central issue, which is the collective agreement that they are meant to be negotiating. This bill is about keeping parties focused on the table so we can provide more stability and certainty for the economy. I do not think it is overstating to say this would be the biggest thing to happen to collective bargaining in Canada in decades. We recognize that the ability to form a union, bargain collectively and strike is essential to a healthy workforce. Tensions can be extremely high during a work stoppage, and this only gets compounded by the use of replacement workers, which many people feel poisons the atmosphere, makes it hard for relationships to come back to normal and can prolong disputes. We need employers and unions to come to the table ready to bargain and to get serious about getting things done. This legislation is pushing us in that direction. The lesson from history is that collective bargaining is successful when the parties recognize they have to sit down and negotiate fairly with each other. The ban on the use of replacement workers would set the table for free and fair collective bargaining. The timelines for establishing maintenance of activities agreements would add structure to that portion of the bargaining process. It is amazing what happens when we allow room for unions and employers to come to a deal. That is where strong labour relations are forged, where the best deals are made and where we get stability for our economy. As the Minister of Labour said, “Our economy depends on employers and workers negotiating an agreement at the table.” By tackling head-on the problem of poisoned workplaces and prolonged disputes, this legislation would bring more stability, more certainty and better collective agreements. We believe that stability and certainty in our supply chains and services are essential. This bill would deliver on that. It is good for unions, good for employers and good for Canadians. Quebec has had a ban on replacement workers for going on close to five decades now. Successive governments have protected the legislation because they recognize its importance. In British Columbia, we have seen the same thing, and successive governments there have also maintained the legislation. It is important to point out that neither of those economies has collapsed. Businesses continue to open, operate and be profitable in those jurisdictions. The legislation before us is not anti-employer, nor is it unreasonable. I know that unions are often seen as wanting to take away something from employers, but when workers are better off, we all benefit. Tackling problems is hard work, but when two parties sit down together to defend their interests, they find compromises and an agreement. Bill C-58 would encourage unions and employers to do exactly that. Bea Bruske, who is the president of the Canadian Labour Congress, said, “The legislation will lead to less labour disruptions, fewer work stoppages and will help build a more balanced economy”. Lana Payne, who leads Unifor's nearly 70,000 members, said, “Finally, a government is taking important steps to uphold workers' fundamental right to [collective bargaining]”. She said that collective bargaining is something that would change lives, lift workers up and build equality and equity. I would encourage all members to read the bill and to read what union leaders are saying, because what we have done here is so important to our economy. This is about the stability and the certainty that come with not being distracted by anything other than finding the solution at the table. That is where strong and lasting contracts are formed. With clear and fair rules in place, we may be able to avoid unnecessary strikes and lockouts, which would create more stability for Canadians and more certainty for investors. That is what we would be doing with Bill C-58. It is a strong bill that reflects needed change in this country. It is how we build a successful economy and a successful country. The time to get this done is now. That is why I am asking each member to support Bill C-58.
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