Human Resources Committee on Feb. 13th, 2014

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Very few people would agree.

[Some hon. members]

Oh, oh!

[The Chair, Conservative, Phil McColeman]

At times.

I'm going to move to the vote on this government amendment, G-6.

(Amendment agreed to on division [See Minutes of Proceedings])

(Clause 7 as amended agreed to on division [See Minutes of Proceedings])

(On clause 8)

We're on to clause 8 and the amendments to clause 8.

We have government amendment G-7. It has a line conflict with NDP-13, so if the G-7 amendment is adopted, NDP-13 cannot be proceeded with.

Mrs. McLeod.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Thank you, Mr. Chair.

The motion ensures that the certification and decertification processes would require the support of 40% of employees so that supporters and opponents of representation by employee organizations are placed on the same level playing field. It also clarifies that representation votes to revoke an employee organization certification must be conducted by secret ballot. Again, we could give examples, but....

There are also the French/English grammar issues. I think, again, we had it checked by Journal linguists and we are confident that it represents the same issues.

[The Chair, Conservative, Phil McColeman]

Ms. Sims.

[Jinny Sims, NDP, Newton—North Delta, BC]

I just want to raise a concern again about the triggering for the decertification being 40%. As I said earlier, I'm not going to be moving a subamendment, but we will be looking at the report stage. Once again, I'm urging my colleagues to bring forward something different for that so we don't end up having that wrangle at that particular time. I would suggest that 50% sounds good.

[The Chair, Conservative, Phil McColeman]

Shall the G-7 amendment pass?

(Amendment agreed to on division [See Minutes of Proceedings])

(Clause 8 as amended agreed to on division [See Minutes of Proceedings])

(On clause 9)

Now we move on to the amendments to clause 9.

On G-8, this one is again, I must point out, in conflict with NDP-14 and Green Party-4. If G-8 is adopted, NDP-14 and Green Party-4 cannot be proceeded with. G-8 also removes any reference to paragraphs 64(1)(a) and (a.1), while creating a new similar paragraph. As both NDP-15 and NDP-16 refer to paragraphs 64(1)(a) and (a.1), if G-8 is adopted, NDP-15 and NDP-16 cannot be proceeded with.

Are there any comments?

Ms. McLeod.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Thank you, Mr. Chair.

Again, what we're doing here is aligning the PSLRA's certification provisions with those of the Canada Labour Code and the Parliamentary Employment and Staff Relations Act, by giving the ballot of supporters of an employee organization the same weight when determining the results of a representation vote, and by removing redundancies and clarifying the representation for the PSLRB to hold the representation vote before certifying an employee organization.

[The Chair, Conservative, Phil McColeman]

Madam Sims.

[Jinny Sims, NDP, Newton—North Delta, BC]

Once again, I do recognize the fact that this is a majority of those who vote, which is a move in the right direction.

[The Chair, Conservative, Phil McColeman]

Any other comments?

Seeing none, we'll ask for the vote on this particular government amendment to clause 9.

(Amendment agreed to on division [See Minutes of Proceedings])

(Clause 9 as amended agreed to on division [See Minutes of Proceedings])

We'll move on to clause 10—

[Jinny Sims, NDP, Newton—North Delta, BC]

What about NDP-15? I know you said NDP-14—

[The Chair, Conservative, Phil McColeman]

Yes, I did refer to NDP-15 and NDP-16 as being not able to be proceeded with, with the vote on that in the preamble.

[Jinny Sims, NDP, Newton—North Delta, BC]

My apologies, Chair, because I only heard NDP-14 and Green Party-4.

[The Chair, Conservative, Phil McColeman]

No, there was a second explanation as to paragraphs that nullified NDP-15.

[Jinny Sims, NDP, Newton—North Delta, BC]

Before we move on, Mr. Chair, I'm hoping my colleagues across the way will have read our amendments and seen the great wisdom in those, and will maybe take a look at them before they bring it back to report stage so we don't end up having a wrangle on the floor. Some of those things could be addressed, maybe.

[The Chair, Conservative, Phil McColeman]

I would think that point's been made over and over again at committee so far. I think the point is well heard by the government side. Perhaps we can proceed expeditiously to deal with the other clauses.

(On clause 10)

We're moving on to the amendments to clause 10.

On G-9, this has a line conflict with NDP-17 and NDP-18. If G-9 is adopted, neither NDP-17 nor NDP-18 can be proceeded with.

Ms. McLeod.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Thank you.

G-9 is not making any substantive changes, as the requirement for a representation vote to be held in all cases prior to certifying an employee organization would be moved to section 64(1) of the PSLRA. It simply is removing redundancies and making consequential changes.

[The Chair, Conservative, Phil McColeman]

Ms. Sims.

[Jinny Sims, NDP, Newton—North Delta, BC]

I really want to stress the fact that it's really important to have the timing of the vote codified after the application occurs. That's why our amendment would have done it within seven days.

Also, this is something I'm sure my colleagues across the way...we will have unanimous agreement on this, and that is that there should be a neutral place when a vote takes place. It shouldn't happen in a union hall, in a union workplace, nor should it happen at an employer's workplace. So I know our amendments have been shunted, but I'm hoping that you've heard that. I think that's very reasonable and goes along with the narrative I've been hearing from the other side about the need for neutrality and objectivity. I think a neutral place absolutely guarantees that nobody puts pressure on those who vote.

[The Chair, Conservative, Phil McColeman]

I'll call the question on amendment G-9.

(Amendment agreed to on division [See Minutes of Proceedings])

Now we'll vote on clause 10.

[Jinny Sims, NDP, Newton—North Delta, BC]

But I had my hand up, Chair.

[The Chair, Conservative, Phil McColeman]

Well, we're into the vote. I didn't see it. I'm going to proceed with the vote. I'm not going to recognize you on this. Sorry, but ....

[Jinny Sims, NDP, Newton—North Delta, BC]

I am going to challenge the chair, because I put up my hand as soon as I finished speaking on the other. I'm sorry, but it's the only chance we get to have a go at this. The chair should look for speakers before going to the vote.

[The Chair, Conservative, Phil McColeman]

We had dealt with the speakers on this particular motion.