44th Parl. 1st Sess.
February 26, 2024 11:00AM
Madam Speaker, it gives me great pleasure to join in the debate in the House on a matter of great significance for our workforce and the future of collective bargaining in the federally regulated private sector.
Bill C-58 is an essential piece of legislation that seeks to amend the Canada Labour Code and the Canada Industrial Relations Board regulations, 2012. At the core of Bill C-58 is the commitment to create a fair, collective bargaining process by introducing a ban on the use of replacement workers, commonly known as scabs, during strikes or lockouts.
The implications of this legislation are far-reaching, touching the core of the relationship between employers and workers during labour disputes. What makes Bill C-58 particularly noteworthy is the extensive collaboration with the labour movement, exemplified by the dedicated work of organizations such as the Durham Regional Labour Council in my riding. The involvement of these councils, representing the interests and concerns of workers, has been instrumental in shaping the provisions of this bill. The Durham Regional Labour Council, along with other labour organizations, has a long history of being a vocal advocate for fair treatment of workers and the regulation of replacement workers.
Through a series of consultations, discussions and negotiations, the labour movement has played a crucial role in influencing the content and scope of Bill C-58. The goal has been to strike a balance between the rights of workers to engage in collective bargaining and the operational needs of employers, especially during critical periods of labour disputes. This collaborative process has strengthened the bill significantly, demonstrating what can be achieved when diverse voices, especially those representing the labour movement, actively engage in the legislative process. The provisions within this bill reflect a balanced approach, acknowledging the rights and responsibilities of both workers and employers.
As Teamsters Canada president, François Laporte, put it, “This is a big step forward for workers.” Lana Payne, national president of Unifor, which represents the thousands of skilled tradespeople at GM's Oshawa assembly plant, said, “This legislation is a step toward levelling the playing field. It will be good for the economy and good for labour relations”. To quote our labour minister, “Our economy depends on employers and workers negotiating an agreement at the table”. That is what this legislation does. It provides a framework such that employers, along with workers and their unions, will be able to negotiate better deals at the table.
The legislation is a response to the acknowledgement that the right to strike can be undermined when employers resort to the use of replacement workers, perpetuating imbalances between workers and employers. The ban proposed in this bill would be a crucial step toward fostering a healthier workplace and strengthening the rights of employees in federally regulated private sectors by prohibiting employers from using new hires or contractors to perform the work of unionized employees who are on strike or locked out. Furthermore, it would prevent employers from allowing employees in a bargaining unit to work during a full strike affecting the entire unit. The ban would not be absolute, but it is carefully crafted to allow certain exceptions.
The Government of Canada respects the right to strike, as protected by the Canadian Charter of Rights and Freedoms. However, all governments also have a responsibility to make sure strikes and lockouts do not risk the health and safety of the public. To protect the public, the rules of engagement require employers and unions to continue providing certain essential services during strikes and lockouts. Employers can use replacement workers if it is necessary to prevent threats to life, health or safety; the destruction or serious damage to the employer's property or premises; or serious environmental damage affecting the employer's property or premises. This measured approach would strike a balance between protecting workers' rights and ensuring the essential functioning of businesses in exceptional circumstances.
To enforce the ban, the bill would empower unions to appeal to the Canada Industrial Relations Board if they believed an employer was violating the ban. This independent administrative tribunal has the authority to investigate complaints and, if found valid, order the employer to cease the violation. Furthermore, the bill introduces a maximum fine of $100,000 per day for employers convicted of violating the prohibition, emphasizing the seriousness of the offence.
Bill C-58 would also set clear timelines requiring parties involved in a strike or lockout to come to an agreement within 15 days after notice to bargain collectively. This agreement would outline what activities, if any, need to be maintained during the work stoppage to prevent an immediate and serious danger to the health and safety of the public. If parties cannot reach an agreement, they can apply to the Canada Industrial Relations Board to arbitrate a settlement. The board would be obligated to make a decision within 90 days and could expedite proceedings if necessary. The bill would mandate that parties must have an agreement or a board decision in place before issuing the required 72-hour notice for a strike or a lockout.
The rationale behind Bill C-58 is grounded in the recognition that the ability to form a union, bargain collectively and strike is fundamental to a healthy workforce and democracy. The prohibition of replacement workers would be a critical step toward preserving the integrity of the right to strike, ensuring that workers could act collectively without facing the threat of immediate replacement.
The ban on replacement workers would be a positive economic move. It would promote stability, certainty and better collective agreements by preventing the distraction from the bargaining table that could otherwise prolong disputes and negatively impact workplace dynamics for years. By addressing these challenges head-on, Bill C-58 aims to create an environment conducive to constructive labour relations and economic prosperity.
In conclusion, Bill C-58 represents a significant milestone in the ongoing efforts to enhance the collective bargaining process in federally regulated private sectors. By introducing a ban on replacement workers and improving the collective bargaining process, the legislation aims to strike a balance between workers' rights and the essential functioning of businesses.
Let us all remain focused on the overarching goal, which is to create a fairer and more equitable collective bargaining landscape. Bill C-58 is a step toward achieving this goal. Together we can build a future where the rights of workers are protected and our economy thrives on the principles of fairness and cooperation.
1091 words
- Hear!
- Rabble!
- add
- star_border
- share
- Feb/26/24 4:57:06 p.m.
- Watch
Madam Speaker, I cannot profess to know the particulars the member opposite is referring to, but I think it is a good-faith question, and I appreciate that from her. I always appreciated the member's work on the procedure and House affairs committee when we served on it together. I would be happy to look into the matter. I cannot say that I know enough about the details, and I would need to clarify some of them before I could undertake to answer the question. I do not want to give her an answer that is just for the sake of it; I would rather give a legitimate response.
110 words
- Hear!
- Rabble!
- add
- star_border
- share
- Feb/26/24 4:58:16 p.m.
- Watch
Madam Speaker, I am not sure I see the relevance to the particular bill we are focused on, but perhaps I can speak to one of the questions that has come up: Why does this not include the public sector? I think the reason is that this is a particular set of amendments to the Labour Code, which is not the Public Service Act; it is another act. My understanding is that the public sector unions have agreements with the federal government to ensure that during any labour disputes, essential services are able to be provided and that Canadians do not see any interruption in those essential services. My understanding is that public sector unions do not use replacement workers.
120 words
- Hear!
- Rabble!
- add
- star_border
- share
- Feb/26/24 4:59:56 p.m.
- Watch
Madam Speaker, I wish my French were good enough for me to respond in French.
The 18-month timeline of coming into force is something that was debated, that we did work on and that we felt unions and labour organizations, as well as employers, needed as the runway to adapt, because this is would be a really significant change. It would be arguably one of the biggest changes in terms of collective bargaining in Canadian history. I would say that it merits a bit of a runway for organizations to adapt and get ready, and the Canada Industrial Relations Board needs time as well.
105 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, I always appreciate Perrin Beatty's interventions and sometimes his critiques of the work of our government. I find his comments very helpful.
Just to clarify, my understanding is that there were 57 stakeholder organizations that came together at five round tables, where labour organizations and unions sat down with major employers. The sectors that were represented were the telecommunications sector; air, marine and rail transportation sectors; and courier and postal services sectors. They, as well as all of the major unions, all participated in the round tables. There were 71 written submissions, 45 personal stories, individual comments and then a “What We Heard” report, which was published.
All of the work of proper consultation was done in the lead-up to the tabling of Bill C-58. That is why the bill is so significant.
140 words
- Hear!
- Rabble!
- add
- star_border
- share
