Madam Speaker, I am pleased to respond on behalf of the government to the hon. member's question and I
thank him for taking such an interest in the workers in his constituency.
The question of restricting the use of replacement workers during legal work stoppages raises a number of complex issues, including the need to ensure that necessary services are provided to the Canadian public. Protecting the public interest is of particular relevance in the federal jurisdiction as the Canada Labour Code governs many industries which provide necessary services.
While the code does not prohibit the use of replacement workers, it does provide protection for workers engaged in legal work stoppages. The code prohibits an employer from disciplining an employee for engaging in a legal work stoppage. As well, an employer cannot discipline an employee for refusing to perform the duties of another employee who is involved in a legal work stoppage.
Once a work stoppage is terminated, employees are entitled to return to their employment in preference to any persons hired to replace them.
Despite the complex nature of labour relations within federal jurisdiction, the existing system generally works as intended. Most collective bargaining negotiations are settled by the parties in direct negotiations. Of those that do require conciliation officer assistance, more than 90 per cent-many people do not realize this, Madam Speaker-are settled without a work stoppage.
Part I of the Canada Labour Code has been designed to balance the rights and responsibilities of labour and management. This careful balance ensures that the collective bargaining system functions effectively in the vast majority of cases. For this reason it is important to consider the issue of restricting the use of replacement workers during work stoppages only in the context of a comprehensive review of the code.
At a future date in the context of the full review, extensive consultations will be held and full consideration will be given to all representations on this subject.
I hope this answers the hon. member's concerns.