Mr. Speaker, as we debate in the House Bill C-257, An Act to amend the Canada Labour Code, it is important that we recognize that at its core this debate is about protecting workers in this country. It is for this reason that I intend to support this legislation.
Even the most basic economic theory recognizes that within any economic system the role of labour is an essential component. People within the workforce are basically asked to provide their labour in return for income.
Therefore, with this most basic economic concept in mind, we need to recognize that for workers the security of their job during a labour dispute is not only an important consideration but an inalienable right.
It was not long ago that workers in this country, and in many similar nations, were required to work in conditions that today would seem unimaginable. For their labour they were compensated, but not at an acceptable level. Nor were they reasonably protected within the workplace. In terms of job security, quite frankly, there was none.
Today much has changed. There is much that still needs to be done. Workers across Canada and in many nations around the world are protected by minimum standards outlined in statutes and further enhanced by union representation.
In my home province of Ontario the basic rights of working people is contained within the Employment Standards Act which outlines standards and reasonable levels of protection workers can expect in this province.
The law enshrines only the most basic rights and there are many who would argue that statutes such as these do not go anywhere near the level of protection that workers really need. Many workers are further protected by the efforts of their union representatives who represent them in collective bargaining agreements.
These unions are also of great service to young people by way of training programs and the like. They also advocate on a variety of labour issues and, like union leaders before them, they fight for workers' rights to protect the hard won advancements workers now enjoy.
In fact, I have been pleased over the years to work with various union leaders such as Ucal Powell, Carlos Pimentel and Mike Yorke of the Carpenters and Allied Workers Union. These people, like so many others in the labour movement, are committed to serving their members.
As a former city councillor, I was instrumental in implementing the city's fair wage policy. The policy set a standard that continues to resonate throughout the public and private sectors and in particular those who choose to do business with the city of Toronto. These are important steps forward for working people in our cities, provinces and the country as a whole.
With respect to Bill C-257, it is important to recognize that in this country the provinces retain the constitutional power to legislate labour regulations and standards for most workers within their jurisdictions. However, the unique nature of our Confederation means that there are many employees in this country who are not covered under federal law.
Those who fall into this category look to the Canada Labour Code for the security other workers may find in their corresponding provincial statutes. Only two provinces in this country, Quebec and British Columbia, have in place statutes that protect the jobs of workers who are participating in a legal labour dispute.
As noted, the fundamental negotiating tool available to workers is their labour. Their work is the commodity they offer in return for their compensation.
There are many international conventions that recognize and encourage this right. For example, the 1981 collective bargaining convention of the United Nations reaffirms that the international labour organization has a solemn obligation to further among nations of the world programs which will achieve the effective recognition of the right to collective bargaining. This statement speaks of the right of workers to secure effective collective bargaining, including the right to strike that should not be undermined.
It is really quite inconceivable that workers who are involved in a legal work stoppage would have to stand by and watch as their jobs are filled, even if only temporarily, by other people hired by their employers. Without the ability to withdraw their labour, then what do these workers have to negotiate with during periods of collective bargaining?
If employers can simply replace their employees with alternates, then clearly the motivation for an expeditious settlement is removed from the management side of the negotiating equation.
I would note and believe this may have already been pointed out by other members that in the provinces where legislation does prevent replacement workers, there are generally less intense labour-management disputes. What I mean is that the average number of days that employees are on strike in provinces that prevent replacement workers is significantly less than those where they are permitted.
In the provinces that prevent replacement workers, it is clear that there is a greater incentive on the part of employers to negotiate in good faith with employees. The statistics clearly back this assertion.
Similarly, when one looks back at the most contentious and bitter periods of labour unrest, it is quite clear that these periods included attempts by employers to use replacement workers, either permanently or temporarily. This is another major incentive for the House to pass into law Bill C-257.
It can be reasonably argued that the inability of employers to hire replacement workers helps to reduce the intensity of labour disputes in the same way that it clearly reduces the length of work stoppages. There are those who have argued that implementation of the bill would have dire consequences for the nation's economy and for labour-management relations. This is simply not supported by the facts.
Indeed, as noted above, there are two provinces within Canada that have already implemented this kind of legislation and there have not been any of the major problems that some have warned would occur.
The bill before the House deals with the Canada Labour Code. It is a piece of legislation that would apply to all federally regulated workers in Canada. It would not have the force of law within provincial jurisdictions that have not yet adopted this kind of labour protection.
As stated in this debate, only Quebec and British Columbia have laws of this kind. However, by proceeding to pass Bill C-257 we would as a federal government be setting an example for those other provinces. Like the Canadian Labour Congress or the Canadian Auto Workers, I support Bill C-257 because it sets a standard of protection for federally regulated workers across the country.
I encourage all members of the House to join with me in supporting Bill C-257 in order to extend to workers in this country the job security they need and deserve.
