Mr. Speaker, it is an honour today to rise to speak to Bill C-58, a very important piece of legislation. It was a commitment made by both the Liberals and the NDP in the last election, something we have been able to work together on in order to bring forward legislation to the House so we could provide a better environment for workers to be able to negotiate new contracts or re-negotiate existing contracts with employers. That is what the bill seeks to do.
We know that when there are individuals who want to go on strike, they are usually doing it for a fairly important reason. They are sometimes doing it because their wages are not reflecting the reality of what they believe they should be paid. They are doing it because they are worried about the conditions in which they are working. They are doing it because they are worried about job security and what their employers are providing for them.
We know that when they do make the decision to go on strike, which does and, quite frankly, should happen from time to time in order to properly demonstrate the need and the requirement to change working conditions, it has to be taken very seriously.
The employer's having the opportunity to bring in scab labour, replacement workers who are there while negotiating, significantly takes away from the employer's ability to negotiate in good faith. Think about that for a second. What if someone were on the management side of a firm and had to negotiate, and the only thing being held against them was the ability of people to strike? What if, at the same time, they had the opportunity to bring people in to replace the workers while management was in the process of negotiating with the striking employees? Management would not face the same realities that those who are on strike would.
When a union decides to go on strike, extreme hardships can be felt by the employees. They are not paid anymore. Sometimes they are given small stipends from their union, but it is nowhere near what they would be making normally. They are taking on hardships in order to stand up for their rights. If an employer has the opportunity to negotiate while having replacement or scab labour in place, they are going to be negotiating from a much more comfortable position in terms of their ability to continue to function. While employees have the hardships imposed upon them through either a strike or a lockout, in the same vein, we have to make sure that the negotiating position is balanced. That is done by ensuring that employers have to feel the same kind of pain, for lack of a better expression. They have to be faced with the same reality that if they do not get to a deal quickly, they cannot continue to function in their business in the manufacturing sector or whatever it might be. As a result, they have to be motivated.
We know that the best deals are those that are made at the bargaining table. We know that when we can encourage, through various different pieces of legislation, both sides to sit down and work out a deal, it will produce the best result for everybody. It can be a messy process, and we have seen that time and time again through the history of this country, in terms of organized labour. It can be messy when people are striking. Just yesterday, I was driving through Quebec and saw a number of people protesting in a strike that was ongoing there.
This is part of the process. It is about bringing to the attention of the employer that there is a significant need for the employee that is not being addressed by the employer. That is why the best deals are those that are made at the table by bringing the two parties together to be able to do that. That is why the legislation before us would specifically prohibit employers from using the following workers from doing the work of striking or locked out employees: first, new hires, such as employees and managers hired after notice to bargain collectively is given; and, second, contractors, regardless of when they were hired.
The bill also seeks to prohibit employers from using the services of employees in a bargaining unit when that bargaining unit is in a full strike or lockout where all employees in the unit are expected to stop working. I think this is really important, because a union's strength is in its unity and membership. Unions operate in a democratic fashion. They elect their leadership, which is there to represent them; it is critically important to ensure that some who might not have voted in favour are still subject to the leadership that they have democratically elected. I can see how it might be tempting otherwise for individuals to do this, but again, at the end of the day, we know that the best deals are those that are made at the table and not by the influences that come from using outside forms of labour in the meantime. Of course, there are some exceptions to this. I will not get into detail, but they relate primarily to health and safety and environmental impacts on the property of the employer.
However, this bill also seeks to ensure that, if unions believe that an employer is violating a ban, they may complain to the Canada Industrial Relations Board. This is an independent administrative tribunal whose job is to resolve workplace disputes and certain appeals that arise under the Criminal Code, among other acts. The board can investigate, and if it agrees with the complaint, order the employer to stop the violation. It is also really important that a hefty fine comes along with this to further discourage the employer from moving toward this kind of action. It sets out a maximum fine of $100,000 per day if the employer is prosecuted and convicted of violating the prohibition. Members can see that the intent of the bill is really to put as many measures in place to prevent these activities of employing scab or replacement workers for the purposes of, once again, ensuring that people get to the bargaining table and having meaningful discussions there.
One other thing I want to address, and perhaps I pre-empt a question from my NDP colleagues, is that NDP members have been steadfast in their support for the bill. However, they have said that they forced the government to do this; I do not quite look at it like that. We did run on this. It is on page 22 of our last election platform, but it may have been slightly different. We may have worked on this in a way with the NDP to make the bill even stronger, which is great. That is what this entire process is about. Our Westminster parliamentary system is based on the idea that, if one party does not form a majority, we work with other political parties to develop strategies and policies that we can bring forward on behalf of the Canadian people, in our case anyhow. That is what we are seeing.
Therefore, I think that the NDP should rightfully take credit for some of this, as they have done good work on it. I also think that the government has done extremely good work on it, and the Liberal Party has been committed to it as well. I hear that call from the NDP, but I respectfully disagree that it was forced. Nobody forced anybody to do anything. This was one of the terms of that agreement that we came to in order to work together in a productive manner.
To that end, I am very glad that there is another political party in this room made up of adults, when it comes to doing meaningful things for the people we represent. I would say two, one of which is the Bloc. It is not always just about saying no, because the objective is to be an obstructionist at any cost. The objective is genuine in this agreement. I quite often see a genuine objective from the Bloc as well to advance better policy, ideas and legislation for the people we individually represent.
However, I am very concerned, once again, about the lack of clarity on this issue from my colleagues on the other side of the House, the Conservatives. They have given a couple of speeches on this. They were asked a direct question just moments ago by my NDP colleague about whether they will support the bill. They skate around it, they do not answer, they give vague statements, they are not concrete on it and they will not even say that they will support the bill to get to committee, which is just an initial step.
