Restoring Mail Delivery for Canadians Act

An Act to provide for the resumption and continuation of postal services

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Lisa Raitt  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

This enactment provides for the resumption and continuation of postal services and imposes a final offer selection process to resolve matters remaining in dispute between the parties.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 23, 2011 Passed That the Bill be now read a third time and do pass.
June 23, 2011 Passed That Bill C-6, An Act to provide for the resumption and continuation of postal services, be concurred in at report stage.
June 23, 2011 Passed That the Bill be now read a second time and referred to a Committee of the Whole.
June 23, 2011 Passed That this question be now put.

Restoring Mail Delivery for Canadians ActGovernment Orders

June 25th, 2011 / 7:30 a.m.


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Simcoe—Grey Ontario

Conservative

Kellie Leitch ConservativeParliamentary Secretary to the Minister of Human Resources and Skills Development and to the Minister of Labour

Mr. Speaker, I take a bit of issue with the member's comment about this not being a serious and essential need for Canadians. This is a serious and essential need for Canadians. Canadians need their mail delivered and mail delivery must be restored.

Small businesses in this country make up 1.5 million of the 10.6 million people who are employed. Therefore, I would like to ask the member why he and the NDP will not stop their filibuster and allow mail delivery to be restored so those small businesses that rely so much on cheques coming through the mail to employ people do not have to start laying people off because they cannot meet their expenses.

Restoring Mail Delivery for Canadians ActGovernment Orders

June 25th, 2011 / 7:30 a.m.


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NDP

Mike Sullivan NDP York South—Weston, ON

We absolutely agree that this should end and do so in a way that is fair to everybody. However, it is not this piece of legislation that is fair. The Canada Post workers have offered to go back to work if Canada Post will just cut the locks off the doors and let them go back.

The member opposite suggested that I was not agreeing that this was essential. I did not say that. I said the government and Canada Post have the opportunity to declare this an essential service. If they do that and they believe that an immediate and serious danger to the safety or the health of the public is at risk, then they can declare it an essential service and the Canada Industrial Relations Board will decide how to arbitrate a collective agreement in a fair and impartial way. The Canada Industrial Relations Board will not actually legislate one side or the other to win.

Restoring Mail Delivery for Canadians ActGovernment Orders

June 25th, 2011 / 7:30 a.m.


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The Acting Speaker Bruce Stanton

The Parliamentary Secretary to the Minister of Human Resources and Skills Development is rising on a point of order.

Restoring Mail Delivery for Canadians ActGovernment Orders

June 25th, 2011 / 7:30 a.m.


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Conservative

Kellie Leitch Conservative Simcoe—Grey, ON

Mr. Speaker, just with respect to the issue of essential services and what individual Canadians require, a lack of mail delivery in this country means that people who live in the far North or remote areas are not receiving prescriptions or eyeglasses, things that are essential for them.

Restoring Mail Delivery for Canadians ActGovernment Orders

June 25th, 2011 / 7:30 a.m.


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The Acting Speaker Bruce Stanton

Indeed I think the member has pointed out part of the debate we are engaged in.

The hon. member for Timmins—James Bay.

Restoring Mail Delivery for Canadians ActGovernment Orders

June 25th, 2011 / 7:30 a.m.


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NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, I have great respect for you as a Speaker and I think you are doing an excellent job showing some of these new MPs the differences among the various rules in the House of Commons so I want to commend you for your excellent role this morning.

I listened to my hon. colleague's speech with great interest, because during the election I was standing outside the Tim Hortons in South Porcupine, Ontario and a young guy came up to me and he said, “Charlie, if this government gets a majority how long do you think it will be before we see Wisconsin north?”

I said, “Well, you know exactly what will happen if they get a majority”.

If members look at what happened in Wisconsin, it is very similar to the situation here. It was an attack on public-sector workers. It was an attempt to demonize them using the terms “union thugs” and “union bosses”. It was an attack on their pensions. That was the thin edge of the sword. We see now the attack on CUPW, the attack on the pensions, the two-tiered system.

I am getting emails from firefighters, from nurses and from people who work in the public sector all across Canada, who ask why it is that the government would try to impose a wage settlement that would undermine what had already been agreed to. Does the member not think this is an attempt by the government to bring forward the same kind of retrograde actions against workers that happened in Wisconsin?

Restoring Mail Delivery for Canadians ActGovernment Orders

June 25th, 2011 / 7:30 a.m.


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NDP

Mike Sullivan NDP York South—Weston, ON

Mr. Speaker, I agree that this action by the government is just the beginning of what will likely be a Wisconsin-like attack on workers in this country. It will not be just on public-sector workers, but that is where they can start. That attack will demonize anything to do with unions. It will demonize anybody who has a good pension, good wages or a good collective agreement or, even without collective agreements, anyone the government believes is getting too much while the bosses the government represents, the CEOs, are getting too little.

Restoring Mail Delivery for Canadians ActGovernment Orders

June 25th, 2011 / 7:35 a.m.


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NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, I have heard a lot of people debating on both sides of the House, and it really gives me the impression that what is going on here goes beyond the current debate and even goes beyond the dispute between Canada Post and its employees.

If you look at the record of proceedings of the House, at Hansard, you can see that the members on the other side of the House in particular attack the very notion of unionization and the very concept of the labour relations process. When you hear talk of union bosses trying to rule everything and everyone, I believe that perception is out there. From their perspective, the unions are obviously an easy target. These are people who fight, who stand up for their rights, and it is apparent that the people on the other side of the House ultimately want people who are docile, who are able to comply with their employers' wishes and who want to comply with the wishes of people making the economic decisions in times like this.

The Conservatives rely on that perception in order to divide Canadians. What they are doing in their arguments is very clear and obvious: they are trying to pit Canadians against each other, to polarize. As I said in my speech yesterday, this government is the most polarizing government in Canadian history.

I believe we have to remind the House of some basic concepts here. It must be understood what a union is. In my view, the people from the Conservative Party do not understand what a union is. A union is an organization of ordinary people, the people they claim to defend. These are ordinary people because, in our economy, there are people with economic power, employers, and there are people who individually have no bargaining power to oppose that economic power.

It should be borne in mind that a business executive has power; and I am not talking about small and medium-size enterprises that are often family businesses. I am talking, for example, about publicly listed companies. Those businesses have power. The representatives of a business are generally paid quite well by their business. In addition, if the business closes, they are entitled to compensation and, with their administrative skills, can easily find jobs elsewhere, at another business, so they can continue managing.

The situation is different for employees. They depend on their salary to survive, to feed themselves, to meet their basic, essential needs and perhaps splurge a little, and to have a comfortable standard of living. They need it. An employee who suddenly ends up out of work has very little with which to survive when EI runs out. Consequently, there is no balance of power in bargaining.

Knowing that, we must now determine why people unionize. People unionize in order to acquire some power to offset the economic power of a business. These are ordinary people, people like you and me. Currently, more than 30 or 35 percent of the Canadian population is unionized. These are ordinary people, unless we decide that they are not ordinary people. Not so long ago, even 40 percent of Canadians were unionized. They unionize in order to acquire this collective power against economic power, which is utterly normal. They also bargain for better conditions.

For example, there is a lot of talk about wages. When there is no union or minimum labour standards, it is easy for an employer to favour certain employees over others. It is easy for an employer to tell one employee that he will have five weeks of vacation leave because he likes him, whereas another employee will get only two or three weeks of vacation because he likes him less.

A collective agreement negotiated by ordinary people who join forces to bargain with an employer makes it possible to establish the basic ground rules to ensure that all is fair for everyone.

Do they ultimately secure better conditions? Of course they get better conditions. The ordinary people I represent in Rimouski-Neigette—Témiscouata—Les Basques, like the ones my colleagues represent in their constituencies, secure better working conditions when they are unionized. Why? Because they have acquired this bargaining power.

It seems the Conservative members consider ordinary people as people who refuse to work together, who refuse to acquire power and who will acquiesce much more readily to employer demands.

Another question arises: why do they take labour action? In this case, it will be recalled that there was no general strike at Canada Post, but rather a series of rotating strikes.

Why that kind of labour action, or strikes in other cases? So they can exercise that power. If there is a bargaining exercise in which the employer refuses to bargain in good faith—there are examples in which Canada Post did not bargain in good faith—they must exercise that power. Ordinary people join forces to compel the employer to return to the table to bargain and to establish the ground rules. In this case, it is quite clear that Canada Post was not in good faith. It let the negotiations drag on so the government could introduce special legislation favouring it. I will get back to that point. Much has been made of that during this debate.

Now I am concerned about what is going on here. I am concerned because this debate goes beyond the mere issue of Canada Post and the labour dispute. It is clear that, in its argument, the government, although it claims to be in favour of small business, ordinary people, seniors and retirees, promotes a downward levelling. If the power of unionization and the power of ordinary people to join forces to address an employer collectively are reduced, the conditions they secure will obviously not be as good and will be levelled downwards. Instead, the government should be helping ordinary people improve their lot.

Based on the figures, whether it be those of Statistics Canada or of the research institutes, those commonly called think tanks, the middle class in Canada is gradually disappearing. It is the ordinary people who joined forces to form unions that created the middle class. Before unions came into existence, people who demanded rights were oppressed. There was a have class and a have not class, those who had financial resources and those who lived from one day to the next not knowing what would happen to them the following day. It was when the right to form unions was granted that the middle class emerged. Coincidentally, as attacks continue against unionization in Canada and attempts are made to eliminate bargaining power, we are witnessing the gradual disappearance of the middle class and the emergence of the same economic disparities as existed at the turn of the century.

It is clear from the arguments of members opposite that, if the right to form unions did not exist or was not protected by the Canadian Charter of Rights and Freedoms, it would be threatened as it is in some states in the USA, including Wisconsin. In that state, unionization is clearly and specifically under attack in both the public and private sectors.

In their arguments, the Conservatives refer to the need to avoid jeopardizing the country’s current economic recovery. That argument can be advanced in virtually all unionization fields and labour disputes. The government said the Air Canada strike had to be terminated and a separate agreement was reached at that time. Today they say the Canada Post dispute has to end. What will it be tomorrow? VIA Rail, Bell, Bombardier?

We have to stop talking about this dispute. We have put forward solutions. The government has chosen to promote a forced back-to-work solution with pre-established wage conditions favouring the employer, while restricting their arbitrator. As a result, management will be very pleased because the conditions will be in its favour.

And yet there were solutions. If the government really wants to use special legislation, with its majority of less than 40 percent of Canadians and less than 20 percent of Quebeckers, it has the power to do so. It could end the lockout and allow the rotating strikes to continue. Canadians would receive their mail. The government could also have introduced special legislation to extend the collective agreement until the bargaining process had been completed. People would have continued receiving their mail. There are options.

I would have liked the government to be able to use those options rather than attack the fundamental principle of unionization.

Restoring Mail Delivery for Canadians ActGovernment Orders

June 25th, 2011 / 7:45 a.m.


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Conservative

Patricia Davidson Conservative Sarnia—Lambton, ON

Mr. Speaker, I listened very closely to what the member said. The member used words like “concerned” and “worried”. Absolutely, everybody in the House is concerned and worried.

We are getting correspondence, hourly, from constituents, as well as from people across the country, who are expressing concern and worry. They are worried about the economy. They are worried about small business. They are worried about our postal workers who are unable to work. They want to work. We have heard from postal workers who want to be back there.

I see it is still June 23, but it seems to me it was only a day before that when we debated an NDP motion that supported small business. What happened to the NDP's support, which it expressed so eloquently? Why is the NDP not now supporting small business?

Restoring Mail Delivery for Canadians ActGovernment Orders

June 25th, 2011 / 7:45 a.m.


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NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, I thank the hon. member for her question.

We are always on the side of small businesses. I think it is obvious. We said so in our election platform as well as in the motion we moved, which was passed in the House. We are quite happy about that.

We are as concerned as the hon. member about small businesses, pensioners and also the ordinary people I represent in the riding of Rimouski-Neigette—Témiscouata—Les Basques.

I mentioned that at the end of my speech, and the hon. member heard it. I said that there are ways to get out of this predicament, and one of them is to withdraw this special legislation and bring in new legislation in order to extend the collective agreement until the end of the negotiations.

Mail would be distributed, union members would bargain, and everybody would be happy. Bill C-6 could be withdrawn, and we could have another bill to end the lockout and keep rotating strikes, which allow mail delivery.

If the hon. member is really concerned about small businesses, the Conservatives have to withdraw this legislation and replace it with another bill that would be respectful of the rights of workers and make mail delivery possible.

Restoring Mail Delivery for Canadians ActGovernment Orders

June 25th, 2011 / 7:45 a.m.


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NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I have just a brief comment and question.

I have been sitting here, thinking about what the word “respect” means. On the Canada Post website, when it talks about the values it has as a corporation, it says that it succeeds by “working together” and that it treats each other with “respect”.

Could the member comment on what kind of respect there is for an organization or corporation that locks out its own employees? The crown corporation's website talks about the values of work and labour relations, yet it has gone to extraordinary lengths to lock out its own workers to prevent them from being at the bargaining table and to prevent the mail from being delivered.

Restoring Mail Delivery for Canadians ActGovernment Orders

June 25th, 2011 / 7:45 a.m.


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NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, I thank my colleague from British Columbia for her question.

Obviously, if a labour relations process is to work well, it takes good relations and good faith on both sides.

In this negotiation, there has been a lack of significant good faith on the part of Canada Post, and that is what led to this conflict. Many government members have emphasized that Canada Post is really a corporation belonging to all Canadians who are represented by this Parliament, but when a crown corporation such as this locks out its employees in the hope of getting special back-to-work legislation, thus effectively putting the power of Parliament on its side, it shows a lack of respect.

This crown corporation should be able to bargain in good faith with its employees to resolve this conflict swiftly. This is not what is happening now.

Various options existed, such as special legislation that would allow quick resumption of operations and would be respectful of employees. This is not what was introduced, and that is why we are still sitting today.

Restoring Mail Delivery for Canadians ActGovernment Orders

June 25th, 2011 / 7:50 a.m.


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NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, before I begin, I want to thank you and your colleagues. I know that it is not easy to be here to preside over the debates. Sometimes you have to make rulings that are quite the opposite of what the hon. members want.

Thank you very much. You do extraordinary work and I just wanted to acknowledge that.

Before I continue, a thought came into my head as we were listening to the debates. I represent rural communities, as do many members here, and one of the problems we have is trying to attract young people to stay and work and raise their families in our communities because often we do not have good paying jobs.

I have looked at a contract with Canada Post where it says that people starting work would get less money than those with whom they are working side by side. My concern is that it would discourage people from trying to stay in rural communities. They would then try, for other reasons, to go to large urban centres.

The underlying theme that we sometimes forget when we talk about small business and trying to keep people in our communities is that people who make money stay and support small businesses in our communities. This is something I have discussed on a number of occasions with representatives of the chambers of commerce in my area.

I want to put things into context. We are here today to defend the rights of Canadian workers. We know that on June 3, postal workers started a rotating strike. They were then locked out, as we have already gone over.

As we know, the union has been responsible. It offered to end the strike if Canada Post agreed to uphold the former contract during the negotiations. However, Canada Post refused. Then there was this lockout and support from this government through the introduction of this bill. That is the context.

We are wondering why this government wants to impose a labour contract on the employees. One might say it is not the government's role to do so and that an effort should be made to find solutions by negotiating the conditions of the contract.

Some people have already made the link between what is happening here in Canada and the anti-labour movement in the United States known as the Tea Party. The most draconian example comes out of the State of Wisconsin, a state I am familiar with. Governor Scott Walker abolished the bargaining rights of more than 175,000 public sector employees. The same goes for the right to job security, gender equality and so on.

What is their motive? Clearly this is an issue of maximizing profits for companies on the backs of workers. That is the issue in the bill before us. The employer claims it cannot meet the demands of the employees.

I always try to underscore certain things when I rise to speak. Canada Post earned revenues to the tune of $281 million last year. The funny thing is that I learned from people I talked to at Canada Post that some of those profits apparently go to the federal government. Instead of using this revenue to improve activities, performance and efficiency and to arrive at a fair agreement, some of the money goes to the federal government.

Personally, I think this is akin to stealing money from the workers and from Canada Post. It is like the $50 billion stolen from the employment insurance fund. Today, less than 40% of the unemployed are eligible to receive employment insurance benefits.

We can put this into another context. I have been showing a film in my riding called Poor No More, with Mary Moore from CBC. Many of you have seen it. It outlines what has been happening in our country and in some other countries. Interestingly I shared the film with the executive director at the chamber of commerce in my riding, and at the next meeting--I think it is my turn to buy lunch--I would like to discuss it with her.

We have poverty in this country. We have an increasing disparity between the rich and the poor. We have an agenda that is driven by the Council of Chief Executives.

In the film they point out that 150 of the biggest corporations in Canada are driving the agenda. For those who have not seen the film, there is a worker at the LCBO in Ontario, a casual worker, who has been there for 11 years. She has no benefits and no pension, and when she was suffering she had to take her cancer treatments on her lunch breaks.

I talked about the labour climate when I asked a question to my colleague for Welland yesterday. From his experience as a union leader, I asked who sets the tone. Why do we sometimes have labour disputes that end quickly where there is good morale in the workplace, and other times they drag on and deteriorate, as they have done in Canada Post?

It is because of the direction provided by who is in charge. As a school teacher, I saw it. I worked in schools where there was good morale, and I worked in schools with bad morale, and that depended on the direction of the principal of the school.

We have a deterioration of labour relations between our unionized workers of both unions in Canada Post and the management. My understanding from talking to the workers is that under the former CEO, and continuing under the present one, there are more grievances, decisions being made without consultation, and bizarre decisions.

I would ask you to picture this: I live in the community of Castlegar, which is 600 kilometres from Vancouver. If I mail a letter to my neighbour on Friday, that letter goes to Vancouver for sorting, which is 1,200 kilometres away, and it comes back so my neighbour next door can get the letter. That is because of this so-called efficiency.

Anyway, I will move on. In the film we have a comparison with other countries. We have a worker who works part-time for the liquor control board in Sweden. He is part-time and he has full benefits and free health care. Citizens get free seniors care and free child care. If a couple has a child, they get over 400 days of paternity and maternity leave. That is what we have seen. Sweden used to have strikes. There are no strikes. Everything is done through collective agreements. Why is that? It is because there is a partnership. There is a partnership between corporations, government and unions. Unions, by law, are mandated to sit on the board of directors.

We have been told that our country is somehow leading this economic recovery. Well, among the countries that are leading the economic recovery, one of them is Australia, which ironically seems to have a labour government today. But it is also Sweden. Sweden, the country that many have criticized for being socialist and having high taxes, is leading the economic recovery. Why is it doing that? It is because over 70% of its labour force is unionized. They have no strikes. People work together to come to solutions so they can have and build a just society.

Why can we not do that? What is wrong with us? Why do labour relations deteriorate? Why do we have to have these strikes? Why do we have to have this draconian legislation put in by governments such as this? This is the time we can do something for our country and bring back the kind of relationship we should have between labour and government and corporations. I think it is the responsibility of all of us here to do that today.

Restoring Mail Delivery for Canadians ActGovernment Orders

June 25th, 2011 / 8 a.m.


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Mississauga—Erindale Ontario

Conservative

Bob Dechert ConservativeParliamentary Secretary to the Minister of Foreign Affairs

Mr. Speaker, we have seen over the last couple of days a kind of bizarre spectacle in the House of Commons. Prior to the vote last evening just before midnight, we had 27 plus hours of repetitive argument. The result was that the NDP members of Parliament convinced the Liberal members, who had previously been supporting them, to vote against them in the vote that was held on the NDP motion.

Yet they persist, even though a number of their own members did not even bother to show up for that vote. Perhaps that means some NDP members have changed their position on this bill.

When will they end this charade, save taxpayers' dollars, and put Canada Post back to work?

Restoring Mail Delivery for Canadians ActGovernment Orders

June 25th, 2011 / 8 a.m.


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NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, my understanding is that when we are fighting for something as fundamental as workers' rights, the ability to have fair and just contracts and good labour relations in our country, it is not a charade. Somebody has to nip this in the bud to ensure this kind of Draconian legislation that is happening today is stopped.

We have to speak out on this. We will speak out on this for as long as we must because what is happening is not right. It is not a charade.