Bill C-525 (Historical)

Employees' Voting Rights Act

An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act (certification and revocation — bargaining agent)

This enactment amends the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act to provide that the certification and decertification of a bargaining agent under these Acts must be achieved by a secret ballot vote-based majority.

Employees' Voting Rights Act

[Wayne Marston, NDP, Hamilton East—Stoney Creek, ON]

Mr. Speaker, I stand corrected. It was the former minister of labour, now the Minister of Transport. I thank the member for pointing that out to me.

When I look at the bill, I am reminded of part of an old labour song, Solidarity Forever, that nothing is weaker than the feeble strength of one. That is one of the reasons that in the 1940s in Canada, we started down the road to unionization. Many of the fathers of the good veterans we have in this place today were probably part of that union movement when they came home from the war and did not like the imbalance in labour relations in this country.

To be clear for the record, I was the president of a communication workers local for Bell Canada. For a number of years, I was president of the Hamilton and District Labour Council. I was very proud to serve in those positions. For the record as well, those were non-paid positions.

Some people in this place like to refer to labour unions in a variety of disparaging ways, but I want to be clear tonight about Bill C-525. It is nothing less than a back-door attempt to weaken those organizations that protect workers every day in the workplace, the labour unions. Bill C-525 would do so by fundamentally changing the processes for certifying or decertifying a union under federal jurisdiction. I believe the sole purpose of Bill C-525 is to bring union organizing in the federal jurisdiction to a complete halt. It is nothing short of a very sly way to create a situation that the Conservative government hopes will lead to a drastic increase in union decertification. The Conservatives hope to succeed by bringing about a low turnout of members, and just as voter suppression has been taking place in federal voting, they plan on dealing with that same issue in the same manner of allowing fewer people to decertify a union.

Decades, or some 70 years, of business, government, and labour unions working together, have gone into the processes that we have today, and the government tends to leave out the fact that when a backbencher puts forward such a bill, it is adding to its own efforts. Another bill before this House is Bill C-377. Between the two bills, the goal is obvious: to set back labour relations in Canada to the bad old days of the 1940s.

Hamilton was one of those places in Canada where former veterans and workers banded together to get union representation. It was Justice Rand in his wisdom in 1946 who said that if a person was part of a union, they did not have to join it but had to pay for the free collective bargaining, which was not free. They had to contribute their union dues. Again, they did not have to be a member, but they were sharing the cost.

Where are the consultations, the due diligence, required for such a change? With Bill C-525 that simply has not happened. It was crafted without any consultation with the key stakeholders from either the union or employers' side.

I believe it is irresponsible on the part of the Conservative government to allow a private member's bill to amend Canada's labour relations legislation. If there were any case at all for changes to our labour relations legislation, then there must be consultations with all the stakeholders, and a full study before proceeding to draft any such bill. It should absolutely be done by a government bill, not a private member's bill.

These changes, as set out in Bill C-525, would weaken the ability of workers to seek union representation for collective bargaining, as well as advocacy on their behalf when disputes arise with their employers.

The bill would increase the number of membership cards needed to trigger union certification or decertification. It would eliminate the option to form a union through a majority card check, which would leave workers vulnerable to intimidation by employers, or worse, to those third parties hired.

I have stood before those third parties. I have been on picket lines many times where the third parties were hired and were standing on the other side of the picket line with baseball bats in their hands.

I am not sure, but I hope the member proposing this change simply does not understand or appreciate the risks that some workers face. It is their fundamental right to withdraw their services after a due vote, and when they do so they should not be put at risk.

Currently, if a majority of workers vote in favour of forming a union, then that union is certified. Under the new rules, a majority of the entire bargaining unit, not just those who turn out for the vote, must vote in favour of forming a union. Non-unions would essentially be counted, under this new proposal, as voting against a union simply if they are not in attendance.

Under the decertification process proposed in Bill C-525, the new rules would require a majority of the membership to vote in favour of continuing representation, to prevent decertification. In other words, it would make it almost automatic if there is no participation.

If we look at how low the voting patterns are in our elections and if rules like that applied, then MPs would wind up not sitting in these seats because the assumption would be against their being elected. It is the same thing.

For workers covered by the Public Service Labour Relations Act, the bill would require 55% of members to vote for continued representation, to prevent decertification. That stacks the cards against people's rights. It is their right to make this determination.

As I indicated earlier, Bill C-525 would throw the Canada Labour Code out the back door. It would forego the dialogue and the consultative processes developed over seventy years that have made changing labour legislation a progressive practice where the rights of workers are always a major aspect involved in any discussion with employers and workers.

It is clear to even a casual observer that this private member's bill is gerrymandered for union busting. It would make it nearly impossible for Canadian workers in the federal jurisdiction to form a union. Like Bill C-377 last year, the Conservative government is using the back door by way of a private member's bill to open the labour code instead of admitting that it is simply a Trojan Horse piece of government legislation.

If the government truly feels that legislative change is necessary—and that is a possibility—the Minister of Labour should bring it before the stakeholders in the business and labour community and consult with them and then do due diligence by way of a study before drafting changes to our labour relations act.

Failing that, the government needs to understand that the opposition now sees this legislation for what it truly is. Soon all Canadians will understand it is yet another example of the Conservatives' agenda to drive down the wages of the middle class and make Canadian workers work for less.

Bill C-525 is a reckless and radical piece of legislation taken straight from the Republican playbook in the United States.

Contrary to the rhetoric of the extreme political right, attacks on collective bargaining do not promote economic growth, but rather they drive income inequality and create toxic work environments that turn Canadians against each other.

Organized workers in Canada have delivered results: better wages, more rights for workers and a more secure future, not just for union members but for all Canadians.

There is a bumper sticker that says, “Unions: the people who brought you the weekend”. That is a bit light for this occasion but it is a fact. If it were not for unions in this country, people would be working six days a week, twelve hours a day, for next to nothing.

Some people work very hard in this country and they happen to be members of a union. They are proud of the work they do, and I am proud of them.

[Wayne Marston, NDP, Hamilton East—Stoney Creek, ON]

Mr. Speaker, I am pleased to rise today to speak to Bill C-525.

Earlier, in question period today, the Minister of Labour made a statement that I would not mind having attributed to myself. She called the member for Rosemont—La Petite-Patrie the MP for CUPW.

Where I come from, we stand up for all the people in our community, whether they happen to be in CUPW or any other union. I want to commend that member for the good work he is doing.

I am reminded, when I look at this—

[Lise St-Denis, Liberal, Saint-Maurice—Champlain, QC]

Mr. Speaker, the government can come up with all the arbitrary legislation and restrictive measures it likes, but, given the significance of the issues we are now dealing with, we are asking it to think about the consequences of Bill C-525 for parliamentary and public sector employees.

The mandatory voting system that will be imposed for certification will cause insurmountable difficulties for unions, in an economic climate in which the union movement is in somewhat of a precarious position. In recent years, we have seen many failed attempts at unionization in a number of sectors of the economy because of the economic disparity that exists between employees and employers.

A number of companies are getting around the certification rules in effect in Canada by imposing unusual labour standards, by manipulating the weakest and most disadvantaged employees, and by threatening to fire those attracted by the benefits of association. To propose the abolition of the current card system is a curious message to send to employers, especially from, to say the least, a major employer in the world of labour relations.

For decades, we have seen the financial status of thousands of Canadians deteriorating because of the industry crises shaking a number of communities in the country. Coming up with changes to the current bargaining system is one thing, but obstructing the limited opportunities for certification that unions have is another. We cannot deny that this country's growth and prosperity have depended on the toil and the commitment of workers and employees in all economic sectors. We cannot deny that our socio-economic progress stems from the efforts of many of the employees who are unionized today.

Think about the Canada of yesterday, the Canada of our parents or of my youth, where the word “equality” found its meaning solely in the dictionaries of our respective languages. The government's desire to upset the balance of power in labour relations and its narrow vision of the word “negotiation” are black marks on the record of social progress made in Canada since the Second World War.

I remember the changes made to Quebec's provincial public service in the early 1960s. Inequality was the norm. Women had so few rights, even within the public service, that they were forever stuck in low-paying jobs, on the fringes of power. The labour movement awakened the public conscience. Quebec was Catholic, then secular and, above all, committed to modernizing employee-employer relations. It seems odd to us to take a step backwards when society is undergoing such profound change.

Can we meddle with unions to straighten out labour relations in Canada? The answer is self-evident. However, the Conservatives' desire to change our country's basic values raises a thorny issue, that of social equality. We agreed to civilized employer-union relations, so that everyone can have access to decent working conditions.

Everyone here has witnessed the exploitation of the weakest in our society, yet the alternative being proposed here is not to study union accreditation rules but to limit access to unionization.

They should give us their statistics and their studies on how the current certification system is being abused. We are still waiting for their hasty conclusions on the place of the union movement in Canada.

As usual, we are left with only public speculation, which leads to these bills that restrict our rights. We are trapped in Conservative rhetoric. According to the Conservatives, unions are the only threats to the social balance of our communities. According to them, unions are the only cause of all of our economic troubles. This government's refusal to recognize the importance of healthy labour relations is reflected in a harsh bill that serves a political class inspired by an agenda from another era.

Instead, let us look together at how the existing certification rules work and what employees really need. Hundreds of millions of current and future unionized workers will be affected by Bill C-525. We can all agree that narrowing the prerogatives of unions is part of the Conservatives' magnanimous plan to change the very foundations of our democracy.

We wish that the government would realize, once and for all, that workers' rights and the rights of Canadians in general pose no threat to the cornerstones of our economic system. However, the potential dissolution of hundreds of union locals as a result of the adoption of Bill C-525 represents a genuine threat to Canada's socio-economic well-being.

[Lise St-Denis, Liberal, Saint-Maurice—Champlain, QC]

Mr. Speaker, this Parliament and the members here have seen a litany of legislation, introduced by government members, that would restrict fundamental freedoms in order to build a new federative pact.

Every time, we are baffled by the methods that are used in the House, that disregard any will to consult, even though we are talking about social issues.

The Conservatives are redefining labour relations using a restrictive vision of the freedom of association as recognized by the charter. Bill C-525 is yet another way to erode the civilized power relationship between employers and unions.

Over the years we have seen that the union movement, for all its good and bad, has helped workers in the public and private sectors get their rights recognized on many occasions. The history of labour relations in Canada has been enriched by the battles fought by public sector employees who paved the way for union recognition and balanced negotiations that gave meaning to the word “justice”.

The government can come up with all the arbitrary legislation and restrictive measures it likes, but, given the significance of the issues we are now dealing with, we are asking it to think about the consequences of Bill C-525 for parliamentary and public sector employees.

The mandatory voting system that will be imposed for certification will cause insurmountable difficulties for unions, in an economic climate in which the union movement is in somewhat of a precarious position.

In recent years, we have seen a high number of failed attempts at unionization in a number of sectors—

That House resumed from October 29, 2013, consideration of the motion that Bill C-525, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act (certification and revocation—bargaining agent), be read the second time and referred to a committee.

Economic Action Plan 2013 Act No. 2

[Marjolaine Boutin-Sweet, NDP, Hochelaga, QC]

Mr. Speaker, my colleague started to talk about what the bill does to workers' rights. We know that some elements of Bill C-4 will violate workers' rights. There have been other bills, such as Bill C-377, which forced unions to disclose their financial information to the general public, even though this information is already provided to their members. Bill C-525 goes even further with respect to the right to organize.

Is my colleague concerned about this trend? The Conservatives are trying to weaken workers' groups and groups that advocate for workers' rights, the rights of average Canadians, of those who work hard every day. At the same time, they are giving rights and powers to the minister. Does the member share my concern?

Employees' Voting Rights Act

[Peggy Nash, NDP, Parkdale—High Park, ON]

Mr. Speaker, I am pleased to contribute to the debate on this private member's bill, Bill C-525.

It makes me reflect on my own background. I started my working life in the retail sector, working for a very large employer in a non-unionized workplace. As a young person, I did not really know the difference. I was glad to get some money for the work that I did. However, then I applied for and I was successful in getting a job in another workplace. It was another Canadian employer but this one had a pre-existing union.

My salary increased substantially when I went to work for the second employer. I suddenly had all kinds of health benefits and extended benefits that I did not know were possible. I also had a grievance procedure, which meant that if there were problems in the workplace that could not be resolved, there was a mechanism to address these problems without having to go as a sole individual employee to the employer. Instead I would have some guidance and assistance through my workplace representative.

When I first began to work in this second job, the employer, as usually happens, told me about the workplace and the advantages of working in this workplace, and I was very happy to be there. It was only later that I found out that it was people who had come before me who had gotten together to form a union and who had negotiated in successive collective agreements to improve the wages, the working conditions and the benefits of that workplace through many hard-won gains over a great many years. I discovered that it was not just the generosity of the employer that made that a great place to work, it was in fact the work of other employees who were there and people who had come before us who had made that a great place to work. They had negotiated a standard of living that allowed people to earn decent wages and benefits right across the country for that employer. I was very proud to be a member of that union and to work to improve the standard of living and the benefits for those who would come after me.

With this private member's bill, the hon. member opposite would bring the weight of the law down on the side of the employer. The bill would take that collective bargaining scale and further tip it toward the advantage of the employer, making any improvements in the workplace so much more difficult for the working people and making it that much more difficult for them even to get a union.

The member, in presenting his bill, talked about democracy. Yet, he sees no contradiction that this would in fact disenfranchise so many working people in the federal jurisdiction across this country. I find it absolutely shocking that he would stand there and talk about democracy when he would erode and undermine the democratic rights of so many working people in the federal jurisdiction.

Let me explain. What the bill ultimately would do is change fundamentally the voting process, so that when working people are deciding whether to join a union or to cease to belong to a union, the votes that are counted would be all of those in this group of workers, even those who choose not to participate in the vote. In other words, if they do not vote, their vote would always be counted against the union. In other words, it would be a process of heads the employer wins, and tails the workers lose.

It would be weighted disproportionately in favour of employers, and that would make it almost impossible for working people to form a union or to keep a union where there is a decertification vote.

As my colleague has just said, Bill C-525 sets the bar so high for workers to join a union that the sponsor of the bill, who won in his own riding by over 80% of the vote in the last election, could not get elected under these rules for union certification. In fact, not a single member of the governing party would be elected under these same rules.

It is clearly hypocritical. It is clearly unfair. It is clearly designed to undermine the ability of working people to decide to have a collective voice to negotiate on their behalf and to represent them in the workplace.

The member opposite has been asked who he consulted with in presenting the bill, which would fundamentally and radically change the system of labour relations in this country. Who did he consult with? He could name no one. Yet, clearly this is a bill that the government seems to have thrown its full weight behind.

It is not surprising that there has been a lack of consultation. That has been the hallmark of the government. It has also been its hallmark to try to impose its radical changes on Canadians, whether it is omnibus budget implementation bills or it is bringing in closure in the House. The government has just introduced the fourth of its mega-bills into the House, which throws everything in but the kitchen sink and changes a massive number of laws all in one fell swoop without adequate consultation, and it has also stifled democratic debate on a record number of occasions.

The government's desire with this private member's bill is in fact to stifle democratic debate and democratic participation in our federal jurisdiction workplaces. It does seem to go hand in hand with its standard procedure.

Ultimately what the government would like to do is see a decline in union representation, federally, in this country. I think what Canadians will very quickly see is that, as we have seen in the United States, this will be an attack on middle-class living standards in this country. Working people will earn less, have fewer rights in the workplace and have less democratic input into the place where they spend most of their lives, which is the workplace. It will undermine the middle-class standard of living and it will increase inequality.

It does not have to be that way. We can look at some of the most productive, most competitive countries in the world. Look at some of the Scandinavian countries, countries like the Netherlands or Germany, the powerhouse of Europe. They have incredibly high levels of union representation. What that means is that employers and employees sit down together and negotiate. Everyone wants the workplace to do well, wants the company to succeed, and wants working people to have their fair share. That is what union representation is about.

I see my time is up. I thank the Speaker for the opportunity. I say shame on the government if it pursues this anti-union, anti-worker, anti-middle class agenda. We will not stand for it on this side of the House.

[Cathy McLeod, Conservative, Parliamentary Secretary to the Minister of Labour and for Western Economic Diversification]

Mr. Speaker, it is a pleasure to speak today about the member for Wetaskiwin's private member's bill, the employees' voting rights act. This bill aims to amend the rules for union certification and decertification in federally-regulated workplaces, to ensure that all individuals have access to secret ballot voting. I commend my hon. colleague for raising and pursuing this issue.

Democracy is fundamental to Canadian society and all employees should have the right to vote on whether they wish to form a union or not. Canadian labour laws are in place to protect the rights of workers, while ensuring a fair and productive workplace environment for businesses to maximize Canada's economic potential. One of these rights is, again, to join or not join a union and participate, or not, in the collective bargaining process.

In Canada, including provincial and federal jurisdictions, about 30% of the workforce is unionized. This includes occupations like transportation workers, manufacturers, miners, electricians and workers in other construction trades. It also includes professionals, such as engineers, nurses and employees in federal, provincial and municipal public administrations, schools and hospitals. All in all, there are about 4 million unionized workers in over 100 different unions.

Some workers are of the view that unions help them to negotiate collective agreements with their employers, protecting them against what they feel are arbitrary changes in work rules, discrimination, unfair treatment and unequal pay for similar work. Obviously, others are flat out opposed to unionization. What both of these groups of workers have in common is that they do have the right and the freedom to choose to be, or not be, part of a union. This bill is designed to extend that principle. It would help to ensure that all employees would have the opportunity to express their wishes about forming or decertifying a union.

Currently, a card check system can be used to form a union. If the majority of employees sign membership cards, they can automatically be certified as a union. When the level of employee support is insufficient for automatic certification but meets a minimum threshold, for example, 35% under the Canada Labour Code, the labour board conducts a vote to determine employee support for a union. If the majority of employees casting ballots supports a union in this vote, the union can be certified.

For example, under our current system, if 11 out of 20 employees sign the union membership card, the remaining 9 individuals may not be asked to sign and may not even be aware that their colleagues want to form a union, yet they could automatically be unionized. This means that in many cases, unions can be certified without giving all employees the opportunity to express their wishes.

The bill proposes to eliminate automatic certification and use mandatory secret ballot votes to certify or decertify a union in all cases. This will make votes no longer the exception, but the rule for certifying or decertifying unions. The employees' voting rights act would ensure that all employees would have the opportunity to express themselves by a secret ballot vote when considering whether to certify or decertify.

We have heard a lot about employers and intimidation and the unions and intimidation, but what no one has talked about, and what was my own individual experience. It was a good workplace that had been in operation for many years. The situation was changing in terms of reorganization and there was a debate going on. There were people who felt very strongly. It was a small group of about 25 employees. It had nothing to do with the employer or any kind of intimidation. It had to do with the employee wanting the ability to have a secret ballot so that not all the members, colleagues and co-workers, who felt strongly on one side or the other of the issue, would know how he or she voted. What we have lost in this debate today is the simple ability for workers to exercise their votes in secrecy, like we do every day in every election in Canada.

Our Conservative government supports the right of every employee to a secret ballot.

It would provide every employee with the ability to voice his or her opinion and would allow time to fully consider his or her decision before voting for or against the union. That is why we support the intent behind Bill C-525 and will vote in favour of it at second reading.

That said, there are areas of the bill that we believe could be amended, and we would like to hear from and consult with our stakeholders, both employer and union, in committee. The House committee will have an opportunity to carefully study the bill. It will consult with stakeholders and carefully consider their input and views.

We support the intent of Bill C-525. It must find the right balance between the needs of employees, unions, and employers, and I am confident that the bill could do just that.

I would like to encourage my hon. colleagues to support this bill at second reading and defend the democratic rights of the workers of our country. This legislation would ensure that every federally regulated employee had access to a secret ballot vote when considering union representation. Again, I ask members to look back to the example of the small, tight-knit workplace. Workers had a difficult decision because of changing circumstances, and they wanted to exercise that right with privacy, even from their colleagues, in terms of what decision they made.

The legislation would ensure that employees would determine for themselves whether they wished to be represented by a union, and they could have their voices heard.

With any legislation, of course, it is important to hear the views and feedback of those who would be most impacted and to take them into careful consideration. I have no doubt that the members of the House committee would carefully consider the principles behind the bill and would examine the unique perspectives of employees, unions, and employer groups that would provide needed perspective on the bill.

Again, I congratulate and thank the hon. member for working to support the rights of employees by raising this issue and I would like to encourage hon. colleagues to stand in support of this bill at second reading. We can have a great discussion.

[Rodger Cuzner, Liberal, Cape Breton—Canso, NS]

Mr. Speaker, Bill C-525, the bill we are debating today, is yet another piece of Conservative anti-labour legislation that will be used to try to turn back the clock on labour relations in our country. My party and I oppose this legislation as it is written.

Today, I want to talk about why this bill is bad labour relations legislation, why it is undemocratic at its core and why it is not needed. It is simply a solution in search of a problem.

The decision by the House to either pass or defeat the bill will come down to whether we believe it upholds the principles inherent in making good labour laws through a legitimate process, a process that is driven by the groups directly affected, employers and unions, through a real consultative and consensus-building process that is based on the principles of balance, fairness and mutual respect.

I remember back to the last bill we had. Almost no Conservative members in the House stood up for those principles in what was another anti-labour Conservative bill, Bill C-377, which was passed in the House earlier this year. It took a small group of Conservative senators, led by Senator Hugh Segal, to stand with all of my Liberal Senate colleagues and oppose the bill in the Senate. In the coming weeks, as we debate Bill C-525, I ask my Conservative colleagues opposite to have the courage to uphold these principles. I ask that they base their decision on what is right, not what they are being told is right by the Prime Minister's Office.

Bill C-525 would impact thousands of employers and approximately 600,000 employers within the federal jurisdiction. That is 600,000 people who have the right to ensure we as politicians respect principles inherent to creating fair and balanced labour relations laws for them and their employers.

We are fortunate that the current federal labour system is well-respected and supported by both unions and employers. Why? Because it is a result of a genuine and proven consultative and consensus process that has been followed for decades for amending the Canada Labour Code. There are clear examples of thoughtful, balanced and independent reviews of the Canada Labour Code. The last major consultative review of the Canada Labour Code occurred in 1995 and the subsequent report “Seeking a balance: Canada Labour Code, Part 1, Review” was authored by Andrew Sims.

The Sims report was led by a three person panel of highly regarded neutrals. It involved seven months of research and consultation.

In that report, Mr. Sims outlined the guiding principles that served the review, including that the existing Canada Labour Code basically continued to serve its constituencies well, that stability was desirable and that pendulum-like changes to the Code did not serve the best interests of the parties or the public and that consensus between the parties was the best basis for advocating legislative change.

Basically, Mr. Sims said that if labour laws were to be changed, they should be changed because there was a demonstrated need because the legislation was no longer working or serving the public interest or it should be done on a consensual basis.

I ask the House whether it believes Bill C-525 meets these criteria or is based on those principles that employers and unions currently respect and agree upon.

The Sims report went on to talk about the dangers of politicizing labour laws. I think that is what we are seeing here. I quote from the Sims report:

Throughout our deliberations, we heard both labour and management comment on the need for stability in our labour legislation. Both sides were reacting to what they view as excessive experimentation in the labour law reforms of a number of provinces.... Some would push the pendulum one way, some the other. However, the concern identified by both sides is that the pendulum should not be pushed too far or too frequently. To do so destroys the predictability and underlying credibility upon which an effective...system depends.

The Sims report was a true consultative review of the Labour Code. Can anyone in this House say that the process we are following, which would make a significant change to the code, is either thoughtful or balanced and based on the wishes of the people affected?

For labour legislation to be effective, it must be driven and implemented by the stakeholders, including employers, unions, and the government, through a real consultative process, not by private member's bills that are based solely on political motives.

The question has to be asked: Who do we think is driving the bill? I have talked to labour groups, such as the CLC, and employer groups, such as FETCO, and I can tell the House that it is neither of those groups. They are both saying that the way to make changes to the Labour Code is through consultation and consensus.

Who is driving the bill if it is not the two direct parties involved in this, the two parties whose lives will be changed? Obviously it is those people who care little about what employers and unions in the federal sector want. If my Conservative friends will not listen to me, I hope they will listen to the people who are directly affected by this legislation.

Make no mistake, Bill C-525 makes a substantive change to federal labour laws. It fundamentally changes the rights of workers in how they can unionize, replacing a card check system with a mandatory vote system. However, it is not the standard vote system used by a number of provinces, where a union needs only 50% plus one. Instead, it is a grossly undemocratic process that would count anyone who did not vote as voting no. What democratic principle is that based on?

Their true intentions could not be further from the hollow words they have expressed. Let us be frank. The bill is about one thing and one thing only: discouraging unionization in this country, plain and simple.

Bill C-525 would change the rules for forming and dissolving a union from a majority process to a minority-driven process, making certifying a union more difficult while making decertifying a union easier.

The past decades have witnessed much progress in striking a balance between unions and employers. One of the main reasons is that improvements to labour law, in particular, the Canada Labour Code, have been done within the framework of the Canada Labour Code. Bill C-525 looks to bypass that established process that requires adequate consultation and support of the parties.

Bill C-525 is not wanted by unions or employers in the federal sector. The only ones who want this are my counterparts across the way.

The carefully struck balance in the Labour Code ought not to be taken for granted. There is simply no need to alter what is working well. I challenge the government, I challenge my colleagues across the way, to have the courage to stand up for consensus, balance, and fairness and to vote against the bill.

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, as I was saying, unions are not afraid of competition when it is done fairly and equitably and when there is truly a balance of power. Unfortunately the government is targeting that balance.

The NDP and I agree that this private member's bill, Bill C-525, is sadly a new way for the Conservatives to trample workers' right to unionize.

I want to point out that this initiative is not an isolated event. It is yet another vicious Conservative attack in their war against the union movement and, as a result, against the middle class.

This government is once again using dubious tactics to advance a completely ideological and backward agenda. As with its previous Bill C-377, which also aimed to weaken unions, the government is trying to make matters worse with Bill C-525.

However, the Conservatives need to remember that the right of association benefits our economy. It helps protect millions of good-quality jobs in Canada and is recognized by both international law and our Canadian Charter of Rights and Freedoms.

Through the decades, union struggles have built stronger communities and allowed domestic demand to flourish because of decent working conditions and better purchasing power. They have also helped to make a place for women in the workforce and to establish pension plans so that people can live in dignity in their golden years.

That brings us back to the latest Conservative affront to the workers of our country. We must not forget that this bill denies employees' legitimate, normal right to form a union after getting more than 50% of their signatures on membership cards. This principle remains important to the NDP and represents the surest and most civil way for people to organize in the workplace.

Bill C-525 not only goes so far as to demand a significant increase in the number of cards that need to be signed to set the process of union certification into motion, but it also flies in the face of all our traditions about the rules for a secret ballot.

In an unprecedented and troubling move, this government will automatically count employees who do not express support for the establishment of a union with those who oppose it. It will become much more difficult for workers to form a union than for a political party to win an election in Canada.

Here is a very specific example. Let us say that people in a workplace of 100 employees want to stand up for their rights and improve their working conditions. Naturally, they look to form an organization, a union, that will do so. The time comes for the vote imposed by our friends opposite. According to their rules, it takes a majority of all the workers, not just a majority of those who get out and vote. This is really pernicious, really perverse.

If 49 of our group of 100 go and vote and they all vote for a union, sorry, that will not be enough. The attempt fails because those who did not vote are deemed to have voted against the union. It is incredible and absurd.

If the employer gives some people the day off on voting day, he completely changes the picture. The icing on the cake is that, when the workers try to abolish the union, those who do not vote are considered to have voted in favour of decertification.

Do we all realize that the dice are loaded in this bill and that it is so flawed that, frankly, it has become offensive?

This new anti-union bill is the last attack of the Conservative government to weaken the labour movement and the capacity of workers to organize themselves in their workplace. To preserve the process where people sign membership cards is the best way to protect workers from the pressures and tactics of some employers. To impose a vote is to open the door to threats and intimidation. The studies are clear. When we take that road, the success to form a union drops. It is a 10% to 20% decrease. It is a huge difference for thousands of workers, men and women, who would not be able to benefit from a union.

What is especially vicious in this bill is when the vote comes, all of those who did not vote are considered to have voted against the union. This is incredible. The best is when they have a vote to kill the union, all those who did not vote are counted as if they have voted in favour of the end of the union. Can we not all see that this is unfair, that it is a biased process against employees?

We have to ask why the Conservatives want to bring in such a system for workers covered by the Canada Labour Code. Every province that has adopted this method has seen adverse effects.

In Ontario, when similar legislation was passed in 1995, the number of accreditation requests dropped by 40%, and the percentage of successful requests fell below 50%. The same thing happened in British Columbia between 1984 and 1992.

Although the Conservatives maintain that they are acting for the good of the economy, and I have my doubts about that, it cannot be said that they are giving much thought to middle-class workers. Once again, the Conservatives have chosen to further business interests at the expense of those of ordinary people.

The Conservatives would have us believe that there will be no impact on the ability of Canadians and Quebeckers to unionize. That is completely false. Either they know this and it suits them just fine, or they have no idea of how things happen in real life, on the ground, at McDonald's and Walmart and the Couche-Tard convenience stores in Quebec.

As proof, if you take even a glancing look at university research on the matter, you can clearly see the negative impact that seems to follow moving from the traditional union accreditation method using membership cards to a secret ballot. Successful unionization attempts fall by 9%, according to researcher Susan Johnson of Wilfrid Laurier University. In this way, we will run the risk of getting closer to an American model, where lower salaries are the norm and the middle class is being eroded.

The member for Wetaskiwin has certainly not read these studies. If he had done so, he would have understood that using the current membership card accreditation method reduces the use of unfair and dishonest practices by the employer. However, perhaps he is familiar with these studies and is quite pleased with them. It is either one or the other.

To put it plainly, with the traditional method involving cards, 50% fewer employers decide to wage an anti-union campaign. This translates into a better work atmosphere and more respectful relationships. Otherwise, we are opening the door to the use of threats, to barely veiled references to potential closures or job losses, the usual scarecrows employers brandish to frighten workers who simply want to stand up for themselves and improve their lot.

The period between the request for certification and the vote seems to be the key moment when chances of success drop significantly. The longer the wait, the more time employers have to intervene and use unfair practices to have a negative influence on employees.

Members in the House right now have to pay attention to that fact, which has been studied and reported on. It is clear that Bill C-525 goes much further than its sponsor would have us believe. We have to ask ourselves what kind of society we want. Do we want a more egalitarian society like the one we have had in Canada for decades, or do we want a less egalitarian society similar to the one in the United States?

It is clear to me that the government has made its choice. Bill C-525, like Bill C-377, clearly reveals the Conservatives' economic strategy centred on poorly paid jobs and workers at the mercy of their employers.

However, I want to say that the NDP has made its choice too. The NDP will keep working for workers, for their rights, for better distribution of wealth and for the dignity of all.

If the government really wants to improve the labour market and families' living conditions, it should strengthen our communities, not try to undo what little progress the middle class has made.

It is sad to see that, after failing to revive the economy, the Conservatives are giving up on creating and maintaining good jobs. Before trying to teach workers a thing or two about democracy, the Conservatives should take some time for a little introspection. People are asking serious questions about their ability to manage the country, about prorogation and about scandals.

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, there is no reason to worry. Unions are not afraid of competition when it is done fairly and equitably and when there is truly a balance of power.

The NDP and I agree that this private member's bill, Bill C-525, is—

[Blaine Calkins, Conservative, Wetaskiwin, AB]

moved that Bill C-525, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act (certification and revocation — bargaining agent), be read the second time and referred to a committee.

Mr. Speaker, I am very happy to rise today and talk about the employees' voting rights act.

The bill was first introduced on June 5 back, in the spring. This legislation seeks to harmonize the Canada Labour Code, the Public Service Labour Relations Act, and the Parliamentary Employment and Staff Relations Act.

It is well known through jurisprudence in our country that the fundamental right of peaceful association is afforded to all Canadians. This is especially enshrined in section 2(d) of the Charter of Rights and Freedoms, and the Supreme Court of Canada has reiterated that when it comes to our rights as working Canadians, peaceful association is protected.

I have heard from constituents all over my riding and across Canada about concerns that workers have when it comes to their union's representation. They feel confined and they speak of intimidation from their own union and its organizers.

I will talk a little bit about a particular call I had from someone who was so worried about the intimidation and tactics that his own union had placed on him that he was reluctant at first to even give me his name as one of my own constituents. He related stories to me on a personal level about vindictiveness and intimidation tactics being used by his own union against him just because he was asking some questions about how union dues were spent and other matters pertaining to his union membership.

The right to peaceful association is granted to workers through the Charter of Rights and Freedoms, but the unmitigated right union leaders feel they have to represent a particular workplace is not protected by the Charter of Rights and Freedoms. This is something that must be earned from the membership.

Union leaders have forgotten that representation is contingent upon workers placing their trust in the particular union of their choice through a democratic selection process. It is for this very reason that I introduced the employees' voting rights act.

It is time to put the needs of the boots over the needs of the suits when it comes to workers with respect to their representation. The democratic vote is something for which people have fought for centuries. Democracy is fundamental, and many people have paid the ultimate sacrifice for that. The right to be able to vote one's will, free of intimidation or threat, is a fundamental freedom and a right that should be extended to all workers.

I have a hard time understanding how anyone could be against a mandatory ballot vote. In his recent ruling in the Province of Saskatchewan v. the Saskatchewan Federation of Labour, the Honourable Mr. Justice Richards wrote on behalf of the majority of the Court of Appeal's ruling, “The secret ballot, after all, is a hallmark of a modern democracy.”

I agree with the Hon. Justice Richards. If union membership can elect their national president or any of their executives, directors, or leadership by way of a secret ballot, then in all fairness the workers should be afforded the very same right to have a secret ballot during the union certification process.

Justice Richards is a very wise and pragmatic man. As he continued in rendering his verdict, he stated:

...a secret ballot regime does no more than ensure that employees are able to make the choices they see as being best for themselves.

This is the essence behind the employees' voting rights act: giving the workers the right to vote and making sure their voice is heard loud and clear in a definitive manner.

It is not the responsibility or duty of any legislative body, this House included, to provide a statutory framework that makes certification or decertification with a collective bargaining unit as easy as possible. However, it is the responsibility and duty of legislators and this House to ensure that the voices of employees are heard in a fair and democratic manner.

The employees' voting rights bill does just this. The legislation strikes a balance in the certification and decertification process of a collective bargaining unit, and it is not about swaying favour toward the union or the employer. This is about balance.

The legislation I propose would create a fair environment in which workers are the ones making the choice as to what they feel is best suited to their needs. I do not expect my colleagues in the NDP to understand or even accept these proposed changes, which is fine with me. Hard-working Canadian families know the NDP is clearly in the pockets of the big union bosses who want to maintain their stranglehold on workers and muzzle their democratic voice.

We know that not every single employee wishes to be part of a union. We also know that unions are driven by the need for power. They are furnished with a never-ending stream of monies through the dues they collect from those hard-working employees they claim to represent.

Justice Rand acknowledged the merits of the secret ballot as a way to counterbalance the unadulterated power of union suits. Justice Rand understood the potential for intimidation to be thrust upon workers by those seeking to exercise power or control over them.

I have heard, loud and clear, the positions of the unions. I have read the visceral nature of comments from people who are card-carrying members of the Alberta New Democratic Party and what they think of the employees' voting rights bill. Let me say this. I will not be intimidated by union bosses or union organizers. When we hear one person complain about the actions of union organizers, that can be dismissed as a one-off situation. However when we see the mountain of complaints that end up at the labour relations board, it is concerning to me.

The voice of workers is being trumped by the personal desire of union bosses and organizers. Democracy should not be about suppression.

The right to peaceful association is one that extends to all workers in Canada, should they wish to have a union represent them or not. The choice is theirs to make, and it should be theirs to make. The choice does not belong to the union.

The current card-check system has its flaws. It leaves open the opportunity for employees to be intimidated and for undemocratic behaviour to be conducted. If Robyn Benson can be elected as the national president of the Public Service Alliance of Canada through a secret ballot vote, then I will let the NDP and Mrs. Benson explain why Canadian workers should not have the same right to a secret ballot vote to determine if they want to have a union in the first place.

I believe firmly that the provisions included in the employees' voting rights bill would bring balance to our labour relations. It would bring much-needed changes to the legislation that governs our federal sectors. As well, this would deliver a clear message from the employees who work in the workplace. I can think of no better uniting force for workers than to have a strong and unified voice, one way or the other.

The union bosses have lost their sense of what hard-working Canadians need and want. The employees' voting rights bill is about workers. It is about workers recapturing their voice. It is about workers being able to stand up and say in a unwavering manner what they, the workers themselves, want, not what the union leadership wants.

Make no mistake; unions have a place in our system, but the leadership of these labour organizations have to accept the reality that we live in today. They need not be afraid of these proposed changes. Should the employees in a workplace decide that the service being provided or offered by the union is one they feel is worth the investment, then they will continue to hold the place they have or gain entry into whichever workplace they are attempting to enter.

Union membership, however, is on the decline in OECD countries. This is a trend that should alarm union bosses and union organizers. However, it seems they are more content with fighting semantics than embracing the need for change and evolution. They need to accept that they do not have a monopoly on the representation of workers. Just because they are a union and they wish to represent a certain employment sector, that alone should not be the deciding factor as to whether a union is in that workplace or not. It should always be the employees' choice.

The employees' voting rights bill is about empowering the workers, giving the employees the hallmark of a modern democracy and providing the workers with an opportunity to exercise their democratic and charter-protected right of peaceful association through a secret ballot vote.

The provisions contained within the employees' voting rights bill would demonstrate the will of the employees in a clear and definitive manner.

I hope that all members of the House, and particularly my colleagues in the NDP, will support workers and the principle of democracy and get behind this legislation, unite with workers and give them back their voice. If members wanted to take a look at all of the polling information, it would be very clear to everyone in the House that when Canadians are asked whether they think a secret ballot should be in the workplace, in virtually every poll, poll after poll, the results are very clear. Over 80% of workers in most polls want the right to have a secret ballot vote in the union certification and decertification process. What is even more interesting is that, depending on the poll one looks at, these results are higher in the province of Quebec and even higher when asking a current member or a past member of a union, because these employees clearly understand what can go on in the workplace when it comes to union intimidation and fear tactics.

I have heard several criticisms from various voices—and I know who those voices are—that allege that my legislation would create an unfair situation. It is not unreasonable to expect that a union should have a large majority of support from the workers it claims to represent. The only way to truly know that is by having a secret ballot vote. Some would contend that no MP is elected with a large majority in that way. They should be careful what they say, because some MPs are actually elected with large majorities and I might be one of them.

On the other hand, I never go to a doorstep of someone's house, as it is alleged in various cases before the labour relations board. None of us, when we are door knocking, have the privilege of going up to people on their doorstep and saying, “I think it's in your best interest if you vote for me right here, right now”. That is intimidation. We would not tolerate that kind of tactic or behaviour in the election of any member of Parliament in the House, and it should not be accepted in the workplace either.

I want to end by saying it is not unreasonable at all to expect that a secret ballot should be provided to workers. There is absolutely nothing to fear other than a true and valid result from asking workers what their true wishes and desires are regarding whether they want to belong to a union or not. The only way to do that is to give them a secret ballot vote.

Let us get on with business and this debate. I am curious to see what kinds of comments are going to come from this. This is a very straightforward piece of legislation. It simply proposes to take an option in the labour law that says right now that the labour board may conduct a vote. Let us conduct that vote every time and make sure Canadian workers' voices are clearly heard.

[Michel Bédard]

Next is Bill C-525, which would amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, and the Public Service Labour Relations Act to require that the certification and decertification of the bargaining unit be achieved by secret ballot.

This bill does not concern questions outside federal jurisdiction. It does not appear to clearly violate the Constitution. It is not substantially similar to another private member's bill already on the order paper, and it is not similar to a government bill currently on the order paper.

Second Reading

[Rodger Cuzner, Liberal, Cape Breton—Canso, NS]

Mr. Speaker, I want to first thank the House for allowing unanimous consent so that I could take part in this debate, which was noted by my friend and colleague from Dartmouth—Cole Harbour. He was not sure whether it was because the House had anticipated my comments so much and were so looking forward to what I had to say, or more so that they liked to limit my friend and colleague from Kings—Hants to 10 minutes. Whatever the rationale was, I appreciate the House allowing me to go forward.

I want to speak about the principles behind some aspects of the legislation. One of the comments that the parliamentary secretary mentioned when he led off the debate today was that it was not strange to have a bill of this size with so many components in it. It is 321 pages, but he said the last four bills have been of similar size.

The last four bills have been presented by the same government and concerns have been raised. Certainly the opposition parties voiced their disapproval with such a practice on those four occasions, but he was able to justify the bill by saying the last four were presented in a very similar manner. That would be like an NHL coach saying, “I didn't make the playoffs the last four years, but now you decide to fire me in my fifth year”. The unfortunate part is that maybe we do not get an opportunity to fire the government for another couple of years, but that day too shall come.

I want to talk about what was mentioned by my colleague from Kings—Hants with regard to some of the aspects of this piece of legislation as it deals with changing labour relationships in this country. I will read these into the record.

I want to talk about principles that a government must respect in creating legislation, such as what we are debating today, that affects millions of Canadians. In particular, it affects over 1.2 million hard-working Canadians who work in federal industries and the public service.

For Canadians, the affected workers in particular, to believe in these laws, they must have faith and trust in their government. However, trust and respect does not come with some gun pointed to their heads. Governing is about striking balance, a balance between things such as the environment and the economy, between one part of the country and the other, between social and economic values, and between the interests of the employer and the employee. Part of figuring out that balance is listening to people who may not agree with us and respecting the principles of fairness and due process when creating laws that fundamentally affect them. I do not believe there has been a government in recent history that has thrown so many things out of balance and replaced due process and fairness with political expediency than the current Conservative government.

The amendments to labour legislation in the bill are just another example of this. The government is using this omnibus budget bill as a back door to making major changes to the rules affecting collective bargaining in the public service. These changes, without doubt, are being made to weaken the public service unions by stacking the deck in favour of the employer and in this case, the employer is the government.

This type of behaviour only breeds mistrust and disrespect. It is not how we as individuals would expect to be treated and it simply lessens the institution of government when it continues out of control as we have seen under the current government. In order for our employees to prosper, whether it is in private industry or in government or workers in society or the economy at large, we need to have good labour relations. That is fundamental. We need labour relations that respect the interests of the workers and the employer in a fair and balanced manner, respecting due process and developed through real consultation.

Everything the government has done concerning labour relations since getting its majority has not been about striking balance. Instead, it has been about weakening the labour movement as much as possible in both the public and private sectors, from record use and methods used to impose back-to-work legislation to using—and one could say abusing—the private member legislation process as a backdoor way to introduce anti-labour legislation.

Bill C-377 was an obvious example. As we went through the testimony and the witnesses on that particular bill, we saw experts raise concerns about privacy and about the costs incurred, and not just by unions. The government tried to say that Bill C-377 was about union transparency by posting their actuals online. That would be a cost to not just the unions but also to administer it. This is the party of small government. The burden this would have placed on the CRA to administer such a mammoth undertaking would be significant to the treasury.

The government said it was all about openness and transparency. We threw a poison pill in there. We brought an amendment requesting it take the same rules it is asking of organized labour and ensure that our professional organizations play by them as well. Therefore, lawyers, doctors and chambers of commerce would have to post in the same manner as it is asking organized labour to. The Conservatives voted against that. It was not about openness and transparency. It was a poison pill. We did not think those organizations should have to post either. However, we knew that the Conservative government would vote against it because this was an attack on organized labour in this country.

Bill C-525 is now the second example. I expect we will see many more examples soon to come.

Never mind due process. Never mind fairness and balance. These terms mean nothing to the government. Political expediency at all costs is the motto across the aisle. Its fight with labour is based on an ideology that Canadians do not fundamentally believe in, an ideology that believes that if Canada is to prosper, the rights and benefits of workers must be sacrificed.

As a Liberal, I can say that I do not always agree with the labour issues. In past governments we fought with unions and we brought forward back-to-work legislation. However, we have always tried to respect due process. We know that the number one enemy for the Conservative government is labour. There is nothing in this bill that changes my mind. Giving federal employers the power to unilaterally declare parts of the public service an essential service, taking away its right to strike, and removing the option of unions to seek arbitration and settle a dispute to avoid disruption, stacks the deck unequally in the government's favour.

Balance in governing is an ideal every government should strive for, fostering trust and mutual respect as a goal. Labour relations are no different.

We have heard from FETCO, the organization that represents federally regulated industries. We heard from the CLC, which represents the people in those industries. They are both saying that the way to get this right is through consultation and consensus. They want the government to keep its nose out of their business. Instead, it continues to get engaged through private member legislation and aspects of these omnibus bills that continue to tip the scales. It is not just the unions or those workers who are saying this is unfair. The companies themselves see this as being unfair.

That is one of the problems we have with this omnibus approach to presenting legislation. If the government were confident about it, why would it not bring that forward to the House? It has a majority anyway. All we have to do is count. It will pass it anyway. Let us have the debate so it can tell us why it is doing that.

Employees' Voting Rights Act

[Blaine Calkins, Conservative, Wetaskiwin, AB]

moved for leave to introduce Bill C-525, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act (certification and revocation — bargaining agent).

Mr. Speaker, I am honoured to rise today to introduce my private member's bill.

Bill C-525 would provide necessary amendments to the certification and decertification of a bargaining agent by way of a mandatory secret ballot vote based on a majority.

For far too long the federal legislation has lagged behind that of our provincial counterparts, and workers deserve the right to have a secret ballot vote to decide who represents them at the bargaining table.

(Motions deemed adopted, bill read the first time and printed)