Mr. Speaker, I am very pleased to once again speak to Bill C-257 on the issue of amending the Canada Labour Code to ban replacement workers. I thank my hon. colleague from Gatineau for having introduced the bill.
Over the last number of years, the Canadian government time and time again has enacted legislation that has been chipping away at the rights of working people rather than protecting them. We have seen Canada's record deteriorate so that now we have one of the worst records of any western country when it comes to the promotion and protection of labour rights.
That is why I and my colleagues in the NDP are standing up to speak out in favour of strong legislation that protects the fundamental rights to collective bargaining and the right to strike.
We know, as others have said before me, that ending the use of replacement workers during a strike or lockout means fewer and shorter strikes and keeps workers on the job and businesses on the go.
Unfortunately, I have seen violence on picket lines. I want to recall Don Milner, whom I consider a friend and who, during a strike at International Truck in Chatham, was run over on the picket line. A young man with small children, he almost lost his life, and is still recovering from that experience. He was run over through no fault of his own.
We know of many other examples of violence on the picket line. Why? It is always provoked by the use of replacement workers.
Hiring replacement workers undermines the collective bargaining process rather than helping it and can negatively affect the quality of work being done.
Unlike previous speakers, who have said it is unlikely that we would have replacement workers in the federal jurisdiction, that they could not be trained and could not be used, I will say that this is not the case. There have been many strikes in the federal jurisdiction where replacement workers have been used.
We have seen how federal jurisdiction strikes have been prolonged unnecessarily, most recently the Vidéotron strike, I think, but we have also seen that at CBC, Air Canada and other places replacement workers have been used. I want to say for my hon. colleagues who say this sector is too important to ban replacement workers that I wish they felt it was so important that they were in support of a $10 an hour minimum wage in the federal sector, but that of course is another bill.
This is a sector that has many important services for Canadians, such as passport issuance and food inspection, and certainly we want to avoid any dispute that is long and bitter. The use of replacement workers is not the way to go. We need to avoid the use of replacement workers in this sector.
I am sorry that an amendment I made for this bill was ruled out of order. It was pertaining to the maintenance of essential services, but I want to emphasize that under the Canada Labour Code those section 87.4 essential services are protected and are not overridden by Bill C-257. I want to quote for members subsection 87.4(1):
During a strike or lockout not prohibited by this Part, the employer, the trade union and the employees in the bargaining unit must continue the supply of services, operation of facilities or production of goods to the extent necessary to prevent an immediate and serious danger to the safety or health of the public.
That exists now in law. In fact, long before a strike, employers and employees often agree to terms to allow essential services to be carried out. The Canada Industrial Relations Board and the minister have the authority to protect services during a strike. The CIRB has almost a dozen rulings that refer to the term “essential services” in addressing the continuation of services.
Supply of goods and services is not and should never be reliant on the use of replacement workers.
I have also heard members raise the issue about managers. Bill C-257 clearly allows for managers, directors and supervisors to replace striking workers. That would not change.
Bill C-257 will bring labour stability and encourage investment. I want to cite the experience in two provinces that have long had this kind of legislation.
British Columbia has had anti-replacement worker legislation since 1993. It has had a 50% drop in work time lost through disputes and is experiencing remarkable growth and continued investment.
Quebec as well has had this legislation since 1977. It was the result of a very, very bitter dispute in the 1970s at United Aircraft, where people were very badly injured during the use of replacement workers. Since then there has been labour peace and an average of 15 days lost per year versus an average of 31 days lost under the Canada Labour Code.
This legislation has been good for Quebec and good for British Columbia. I believe it would be good for Canada.
Clearly most employers do not have labour disputes. The overwhelming number of collective agreements in Canada are settled without dispute. No one wants to be on strike. No employer wants to be on strike or have a lockout. The vast majority of employers do not use replacement workers or could not use them because of the level of skill that is required.
This legislation is directed at those few rogue employers in order to create a level playing field for all workers and all employers. It is a fundamental issue of rights, the right to join a union and the right to collective bargaining.
For those rights to be meaningful, working people must have an effective right to withdraw their labour. It is the only power they have in collective bargaining. The use of replacement workers effectively takes away that power. That is widely recognized around the world. As I say, Canada is becoming known as a developed country that has been eroding the rights of working people in the workplace.
I note that the Liberals and the Conservatives have been divided on this bill. I think that is very unfortunate. I urge them to vote in favour. My colleagues and I in the NDP will be 100% in favour of this bill and we urge strongly that the House pass it.
