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

[Mark Adler, Conservative, York Centre, ON]

Mr. Speaker, I am pleased to rise and have the opportunity to speak to Bill C-525, the employees' voting rights act. This bill is about a very simple principle in Canadian democracy, the right for people to vote freely, in this case on whether they wish to belong to a union. I would like to thank my colleague and the very hard-working hon. member for Wetaskiwin for raising such an important issue in this House.

What is the employees' voting rights act all about? It is about ensuring free choice for employees to decide whether they wish to be represented by a union. We use secret ballots when people vote during federal, provincial or municipal elections. Why should we not apply the same principle when employees have to decide if they want to belong or cease to belong to a union? Furthermore, if a major union chooses its own leaders through a secret ballot, why should the same principle not apply to its membership? This is the purpose of the employees' voting rights act. It would amend the union certification and decertification voting rules in federally regulated workplaces to ensure secret ballot votes in all cases.

Why is it necessary to change these rules? The current card check system does not guarantee that employees' intentions are reflected, nor does it ensure that all employees have the ability to express their own views. Employees should have the right to a fair process that is fully democratic. These voting rules need to be modernized accordingly. A secret ballot would afford employees the important opportunity to weigh the pros and cons of joining a union. No one can disagree with the fundamental principle that secrecy is vital when it comes to any kind of voting. It protects the voters' freedom. It protects employees from the scrutiny of fellow colleagues, union organizers and employers. Is that not what democracy is all about?

I hear members on the opposite side claiming that this bill would not be fair to workers, so let us talk about fairness. How fair is the current process? In some cases under the existing system, unions can obtain certification despite a sizable portion of their membership not expressing themselves at all. In short, their opinion does not matter. For example, if 52% of employees sign a union card, the union certification is automatically granted. This means that the remaining 48% may not have been consulted or expressed themselves on such an important issue. The decision to form or decertify a collective bargaining unit is far too important an issue to be taken lightly. The employees' voting rights act would put an end to automatic certification.

Bill C-525 would not take away any rights from employees; on the contrary, it would empower employees. They would still have the right to be unionized if the majority of workers in their workplace want to be unionized. To ensure this decision is taken in a fair and democratic fashion, this bill would establish mandatory secret ballots in all federally regulated workplaces in regard to union certification or decertification. With this system, co-workers would not know how other workers voted, union representatives would not know how they voted, and the employer would not know how they voted. That would give employees the freedom to vote the way they want to and have their opinion heard, while maintaining their privacy.

I am sure everyone in this House would agree that privacy in voting is paramount in the democratic process. A secret ballot would simply guarantee that workers would cast their vote away from the pressures of others, and after the needed time, to consider their options. Let us face it: a secret ballot is the only way to ensure that the views of all employees are taken into consideration. If unions have the support of the majority of workers, they should have no concerns whatsoever about confirming this support through a secret vote.

Our government will continue working to ensure that federally regulated workplaces in Canada remain productive, safe, and fair. We will continue our quest to create jobs, economic growth, and long-term prosperity for all Canadians.

I truly hope that my fellow MPs will understand that the employees' voting rights act serves both workers and employers. This is why I strongly urge my hon. colleagues to support Bill C-525, so that we can receive input from key stakeholders in committee.

[Blaine Calkins, Conservative, Wetaskiwin, AB]

Mr. Speaker, it is truly a privilege to stand accurately in my place and give the right of reply to the debate at second hour reading of my bill, the employees' voting rights act.

First of all, allow me to thank all of my colleagues, not only from this side of the House, but throughout the House, for their valuable input into this legislation.

It is absolutely crucial that we have a discussion about this. As I said in my previous speech, constituents have brought concerns about the fairness of the process to my attention, and they were the reason for me bringing this legislation forward. I would like to thank them for their courage in coming forward and telling me about this, understanding the kinds of repercussions that they would face from their union leaders if it were ever found out that they had spoken to me about these kinds of things.

Notwithstanding that, I would like to dismiss some of the allegations that we have heard in the House. I have heard opposition members say that no member of Parliament would ever get elected at the thresholds that were set for this.

I would like to remind all hon. members that the threshold for union certification is 50% plus 1 in a card check system. My legislation proposes the very same threshold, but through a secret ballot vote. If it can be done through card check certification, why could it not be done through a secret ballot vote? That is a question that nobody arguing against my bill is prepared to answer. They do not want to answer the question because they know that the fear, intimidation, and the other tactics employed in a union certification drive will come to light and that is something to which they simply do not want to expose themselves.

I have heard from other members over here, saying that the same threshold does not apply to members of Parliament, as it does in this particular case. Well, at least I face a secret ballot vote, as all of my colleagues do in the House, when it comes to making the determination.

The red herring in the mix is the fact that a yes/no question is a referendum question, which is what my bill is actually dealing with, not a first past the post system, which we currently have when we vote for members of Parliament. It is absolutely ridiculous to assume that someone in a 5- or 6-way race would get 50% plus 1 of the votes. It is a complete red herring and, quite frankly, it is an illogical argument being prepared by the other side. However, I am happy to report that in one of my elections, I did get 50% plus 1, notwithstanding the votes for the opposition and the folks who refrained from voting. I owe that to the good common sense of the people back home in the riding of Wetaskiwin.

In closing, I would also like to draw out some of the other misinformation that was here. I have heard it said that this bill is not in line with Quebec values. We know from polling results that when we ask Canadians across the country whether they would like to have a secret ballot vote during the certification and decertification process of a union, the answer is overwhelmingly always in the 80% range. I have not seen a poll at less than 80% or 82%. In fact, the numbers are actually higher in Quebec, and when we ask current or former union members, that percentage is even higher.

My legislation, as it is proposed in principle, is completely onside with the values that Canadians hold dear. They want a secret ballot vote. These workers deserve an opportunity to determine what is in their best interests. Whether or not the union can make the pitch, whether or not they can provide better services for those workers, and whether or not the employer can make that pitch, the workers have every right to decide what is in their best interests, and the best interests of their families, insofar as what they choose to do and where they want to work.

I would encourage all members to stand in this place at the second reading vote on this bill and show, through their democratic right in this House, whether they actually believe in democracy.

Does the New Democratic Party actually mean the “No Democratic Party”, with no democracy unless it suits the party's needs? We will find out.

I know that my colleagues on this side of the House will support my legislation, or I am at least very hopeful that they will. Let us get this bill to committee and hear from the stakeholders at the committee stage. The government has indicated that it is looking at amendments to the bill. I am okay with that as long as we keep the true spirit and intention of the bill, which is to ensure that we have a democratic and mandatory secret ballot vote during the certification and decertification process.

That is in the best interests of Canadians. It is in the best interests of our society. It is in the best interests from a public policy perspective.

[The Acting Speaker, Conservative, Bruce Stanton]

Order. The time provided for debate has expired.

The question is on the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

No.

[The Acting Speaker, Conservative, Bruce Stanton]

All those in favour of the motion will please say yea.

[Some hon. members]

Yea.

[The Acting Speaker, Conservative, Bruce Stanton]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Acting Speaker, Conservative, Bruce Stanton]

In my opinion the yeas have it.

And five or more members having risen:

Pursuant to Standing Order 93, the division stands deferred until Wednesday, January 29, immediately before the time provided for private members' business.