moved:
Motion No. 40
That Bill C-66 be amended by adding after line 22 on page 33 the following:
"42.1 The Act is amended by adding the following after section 94:
94.1(1) No employer or person acting on behalf of an employer shall use, thereby undermining a trade union's representational capacity, the services of a person who was not an employee in the bargaining unit on the date on which notice to bargain collectively was given and who was hired or assigned after that date to perform all or part of the duties of an employee in the bargaining unit on strike or locked out.
(2) The use by an employer of the services of a person described in subsection (1) is deemed to undermine the trade union's representational capacity.
(3) Where a trade union alleges that an employer has contravened subsection (1), the burden of proof that the use by the employer of the services of a person described in subsection (1) does not undermine the trade union's representational capacity is on the employer.
(4) In any case arising under section 87.4, no employer or person acting on behalf of an employer shall use the services of a person who was not an employee in the bargaining unit on the date on which notice to bargain collectively was given and who was hired or assigned after that date to perform all or part of the duties of an employee in the bargaining unit on strike or locked out."