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.

Public Service Labour Relations Act

[Pierre Poilievre, Conservative, Carleton, ON]

Mr. Speaker, the member said we should have consulted more on Bill C-525. The ultimate consultation is a secret ballot vote. That is what Bill C-525 provided. It gave hundreds of thousands of employees in federally regulated workplaces the right to vote on whether or not they wanted to be represented by a particular union.

I note that the member, again, was afraid to say those two terrifying words: secret ballot. She could not say them, because she knows that her position and her government's position on this issue is totally untenable.

The Liberals put out a report yesterday in which they said that unionization rates are not as high when workers get a chance to vote on the question. That is not proof that they should have their rights stripped away from them. Just because workers do not vote the way Liberals and people on the union left want them to, does not mean they should lose the right to vote.

A worker should have the right to vote because it is an inherent basic right that dates back hundreds of years in our parliamentary system of democracy, and we on this side of the House of Commons will keep standing up for that right.

[Joyce Murray, Liberal, Parliamentary Secretary to the President of the Treasury Board]

Mr. Speaker, I thank the member for Carleton for his comments, and especially for confirming that Bill C-7 itself is reasonable, fair, and constructive, and we do look forward to comments and proposals at the committee level.

The member used most of his time to talk about Bill C-4 and to talk about Bill C-525, which his government put forward. I would like to remind the member that there was a huge amount of controversy and comment that Bill C-525 was pushed through without consultation, in contrast to Bill C-7, in which there was extensive consultation. That is one point I want to make before I get to my question.

The second is this. If the member is so proud of Bill C-525, which would require a mandatory vote, why did the previous government hide the report that its very own department tabled, showing that a mandatory vote is detrimental to labour relations in comparison to the card check method? The card check method does enable the public service members to indicate their preference around being represented by an employee organization.

I find it stunning, given that the Conservatives hid the evidence that suggested their bill was a bad one, and they never consulted on it, that this would be the key thing that the member would want to push for in this House. It just defies belief.

We have the NDP saying the card check is the only—

[Pierre Poilievre, Conservative, Carleton, ON]

Mr. Speaker, I rise today to contribute to the discussion on Bill C-7, an act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other acts and to provide for certain other measures. This act would deal with the right of our brave men and women of the red serge to bargain collectively.

This bill is a response to the Supreme Court's ruling on the matter last winter. The court gave the government a year from January 15 to implement a new collective bargaining regime for the RCMP. That deadline has since been extended. The ruling also indicated that it was the right of RCMP members to unionize based on paragraph 2(d) of the Charter of Rights and Freedoms, and it found that the existing staff relations representative program was an insufficient guarantee of that freedom of association.

I am generally satisfied with the contents of the bill itself. Let me explain why.

First, the bill would not require the RCMP to unionize. It creates a framework based on the existing certification laws under the public service employment legislation, whereby RCMP members can, if they so choose, form a union.

Furthermore, it would create certain protections that are necessary in light of the unique nature of employment within a policing organization. First, a prospective union must have as its primary mandate the representation of RCMP members. It cannot be affiliated with another bargaining agent or association that does not have that as its primary purpose, and it cannot be certified to represent any other group of employees. In other words, it would be an organization-wide bargaining unit represented by a single bargaining agent that would exclusively serve RCMP members and no other group of employees within the federal government. That is important, because if RCMP members choose to unionize, that union should be of RCMP members, by RCMP members, and for RCMP members for it to be truly representative and appropriate for a police force.

I am very proud of the police force that we have serving nationwide. The RCMP headquarters is here in Ottawa, close to my home. I am also very proud that Conservatives introduced legislation to help the RCMP do its job better and to keep our streets safe from crime and terrorism.

I should go on, though, to express my satisfaction with certain other limits that exist within this proposed legislation so that we can protect the work of the national police force. For example, policies on law enforcement techniques, transfers, appointments, promotions, disciplinary actions against RCMP members, and an RCMP officer's duty, dress, equipment, and medals are rightly left outside of the collective bargaining process and managed within the context of the RCMP Act. This bill would do that.

Next, the bill would, rightly, increase the size of the Public Service Labour Relations and Employment Board from 10 to 12 members and insist that the two additional members have intimate knowledge of policing, so that when matters related to employment and labour relations within the RCMP come before the board, policing expertise will be found around the table. That is a reasonable proposal.

Furthermore, as with most police organizations across the country, under this legislation there will be no right to strike, for obvious reasons, because we need to protect our streets. Even in the event of a dispute or an impasse in labour relations, we cannot afford to have our officers off the street and on strike. The government has rightly recognized this fact and embedded that reality in the bill itself.

The bill itself is reasonable and fair. However, it cannot be looked at in isolation. Simultaneous to this bill, our House and our Parliament are debating and discussing another bill that would strip the democratic rights of federally regulated workers across the country.

Bill C-4 would remove the right of a secret ballot vote from federally regulated workers in matters of certification. It is important to be clear on what this means. It means that a union could take over a federally regulated workforce without there being a vote by the members who work in that workplace. In other words, thousands of employees from any number of federal employers could be forced to pay dues to and be represented by a union for which they never had a chance to cast a vote. This is particularly alarming when it relates to the RCMP, an organization comprised of members who put their lives on the line each and every day, in part to defend our democratic way of life. Therefore, it is a great irony that members of the RCMP, of all groups of employees, would be deprived the most basic democratic right, which is the right to vote in secret on whether to certify a union.

The alternative to a secret ballot is a process called “card check”, where those people who want to take over a workplace and form a union go around with a petition and ask people to sign it. Then when they get 50% plus one of the employees to sign on, the board recognizes a majority and declares the union to be a bargaining agent. The obvious problem with that is intimidation. When workers have to put their names down on paper for all eyes to see, they risk being pressured unduly into favouring one side or another. It would be the equivalent of holding our national elections by a show of hands. Imagine that? The government said that our previous Bill C-525, which empowered workers with a secret ballot, was undemocratic.

The government is in the process of trying to change our electoral system. I wonder if the Liberals are simultaneously considering taking away the secret ballot from our general elections and replacing it with some sort of petition, or show of hands, or a card check as it is called. The parliamentary secretary earlier cited a report from the ministry of employment, showing the statistical reality that if workers were given the right to vote, they were less inclined to choose unionization. In other words, unions are not formed at as high a rate when people are given a chance to vote on the question as they are when people are forced to sign a card-check petition.

The government's problem is with the outcome. The government might not be happy that when workers are given the choice through a democratic vote, they opt not to unionize. However, that is the choice of the workers not the choice of the government. It is obvious that rates of certification would go up if those people doing the certifying were able to intimidate those they were trying to certify. Naturally, if they can show up on the doorsteps of employees at 10 p.m., ask them to sign a form and leave implied consequences for failing to do so, it is not surprising that unions are able to certify at higher rates than when the workers are given a chance to go into a voting booth and mark a secret ballot, exercising their true prerogative without anybody looking over their shoulders. However, that is not evidence of why we should take away their right to vote.

I was not particularly thrilled with the results of the last federal election, but I would never propose taking away the rights of Canadian voters to cast their ballot in secret as a result. It is their choice on how they vote. I could probably produce some sort of study to show that in some aspect of Canadian life voters would cast a ballot differently if they were given a chance to vote secretly on the matter. That is not a reason to take away the secret ballot.

The fact that workers or anyone votes differently when they have the right to do so secretly than they would if they were being watched by an authority figure is the very reason we need secret ballots. That is precisely the reason they were created, and they are a basic foundation not only of workplace democracy, but of Canadian democracy.

I would call on the government to recognize that fact and amend the bill to ensure the RCMP members will not be unionized without the right to vote on that unionization. In fact, Canadians agree with the right of secret ballot. It is basically in our democratic DNA. Secret ballot voting to certify union is not new or controversial. Ontario requires it. British Columbia requires it. Both of these provinces are currently represented by Liberal governments. Saskatchewan, Alberta, Nova Scotia, and Newfoundland and Labrador also require secret ballots and none of them is represented by the Conservative Party.

In administrations run by the NDP, the Liberals, the Saskatchewan Party, and others, we have secret ballot certifications in provincially regulated workplaces right across the country. In Quebec, Canada's second most unionized province, there is enormous support for secret ballot votes on certification.

One poll in August 2009 found that 71% of Quebeckers said that secret ballots should be required as a way of getting union certification. In the United States, polls have shown that 80% of people believe a secret ballot should be required for a union to form. Therefore, it cannot simply be seen south of the border as a Republican or a Democratic issue. It is an issue that unites basically all North American public opinion in a vast majority who favour a secret ballot vote before a union can certify a workplace.

I would further identify the fact that if RCMP members are forced to join a particular union without having a chance to vote, that union will have difficulty establishing itself as a legitimate representative for the workers for which it will become the bargaining unit.

I also have warned the government of a political problem, and that is the reality that if it does deny employees in the RCMP the ability to conduct a secret ballot vote on unionization, it could very well learn of stories of intimidation within the workplace and those stories will reflect badly on the government's decision to strip that basic right from RCMP members.

I ask the government to consider an amendment to the legislation which would preserve the existing secret ballot formula that is found in public service labour relations legislation and ensure that the men and women who put on the uniform of the RCMP are given that basic human right in an eventual and inevitable certification drive. If they should select to unionize through that mechanism of a vote, then we, nationwide, should respect the result of that vote and respect the legitimacy of the union that it produces.

This is not a radical concept. We have five provinces in the country where provincially regulated workplaces certify their unions through secret ballot voting. It is a basic tenet of democracy.

Deep down I think members of the Liberal government understand and agree with that, and I will tell members why.

I have listened to all of the Liberals' comments with respect to their proposed repeal of Bill C-525, which is the bill the Conservative government passed to create secret ballot voting rights. However, the two words they never say when they are talking about that bill are “secret ballot”. They say that bill, which is now law, makes certification harder and decertification easier, but they do not say how. They say that it lowers unionization rates, but they do not say why. The bill really only does one thing. It replaces a card-check petition with a secret ballot vote. However, members on the government side can never actually bring themselves to utter those two words “secret ballot”.

Why? Because I think they know that if they were to openly argue against the right to vote for federally regulated workers on the grounds that it was not consistent with the government's view of labour relations, they would be laughed out of any room in our country. Everybody, coast to coast, acknowledges that democratic decision making has to happen through a secret ballot.

In fact, Mr. Speaker, you are chosen by secret ballot. We choose representation for our very House through a secret ballot vote. Every person in this room has a job today because they were elected by secret ballot. In fact, most unions elect their representatives through a secret ballot vote when they are certified. Everybody acknowledges that decisions of this magnitude made by a group of employees in a workplace should be done through a secret ballot, unless one has an ideological motivation to override the real will of the working people and to impose an outcome on them.

I think members will find that, in reality, those who are pushing for an end to secret ballot voting within the workplace on matters of unionization are those who are unhappy with the outcome that the secret ballot democratic vote would produce, which is no excuse. One cannot oppose democracy simply because one does not like the outcome to which it leads.

This is why we, as official opposition, congratulate the government for Bill C-7 in its own right, as a fair and balanced approach to respond to the Supreme Court's ruling on collective bargaining in the RCMP. However, I would ask that the bill be made better through an amendment that would allow the brave men and women who wear the RCMP uniform to be the masters of their own destiny by giving them the right to vote.

[Joyce Murray, Liberal, Parliamentary Secretary to the President of the Treasury Board]

Mr. Speaker, I appreciate the comments by my colleague, the member for Winnipeg North, who also touched on the comments by the member for Durham about Bill C-4, which is seeking to rescind Bill C-525. On this side of the House, we believe that Bill C-525 had a negative effect on rights and freedoms in the workforce.

It turns out, interestingly enough, that just when the former Conservative government was pushing forward Bill C-525, claiming that it would not adversely affect the rights of workers to unionize, its own internal labour program research department had conducted a study showing that it would adversely affect the union movement and its ability to organize. That study was hidden. Our minister, just yesterday, tabled that study at the human resources, skills, and social development committee.

I would like to ask my colleague what he believes the role of evidence should be, and the role of openness and transparency about this evidence, in making decisions around legislation for the benefit of the rights and freedoms of the Canadian workforce.

[Joyce Murray, Liberal, Parliamentary Secretary to the President of the Treasury Board]

Madam Speaker, I appreciate the comments by the member for Durham and all the work he does on behalf of the RCMP and the Canadian Armed Forces. However, his comments confused me.

He is insisting on a secret ballot. Bill C-525, which the Conservative government brought forward, made it more difficult for employees to unionize, harder for unions to certify, and easier for unions to be decertified. That is the bill the Liberal government is repealing with Bill C-4, in which case the board will have a choice. It will be at the discretion of the board whether there will be a secret ballot or a card check, and the board can make sure that the members' interests are reflected in the choice made.

The secret ballot makes it harder for the collective bargaining process and provides less freedom for the members. Why is the member insisting on that as the mechanism?

Canada Labour Code

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Mr. Speaker, we have certainly heard a lot of questions from the Conservative side about Bill C-525 and how we are not supporting secret ballots and all that, but what I do not hear from that side of House is discussion of Bill C-377. In my mind that was the more onerous piece of legislation. The way it tied up unions in knots, it really did seek to kneecap them and their ability to organize workers.

I would like to hear my hon. colleague's comments on that particular piece of legislation and how it was a direct attack on the labour movement.

[Blaine Calkins, Conservative, Red Deer—Lacombe, AB]

Mr. Speaker, this is probably my last opportunity to speak on the bill at second reading, so I would like to ask my hon. colleague this. In his joy to undo my private member's bill, C-525, does he think that as a member of Parliament in the next federal election, if he chooses to run again, he should be able to go to the doorstep of a Canadian household, have the voters come out and be able to demand that they sign or vote or cast their ballot on that doorstep, right in front of him, right when he wants them to?

Does he think that is democracy, because that is exactly what Bill C-4 would do. He is going to undo the right to a secret ballot vote, which is what Bill C-525 enabled. Does he think that is an improvement to democracy, because that what he is advocating?

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, I am pleased to participate in the debate on Bill C-4, which is an exciting first step towards restoring the balance of power between unionized workers and employers.

The bill would amend the Canada Labour Code, the Public Service Labour Relations Act, and the Income Tax Act. The NDP supports all stages of this bill, which will repeal the bad Bill C-377 and Bill C-525. By the way, I want to commend my colleague, the member for Saskatoon West, for her work on this bill. She demonstrated how important it is to repeal these two bad bills.

We had mentioned that these two Conservative bills were unconstitutional and constituted an invasion of privacy, among other things. Nevertheless, the Conservatives pushed these bills, which offered nothing good for Canadian workers.

Bill C-377 amended the Income Tax Act to require that labour organizations and labour trusts provide information returns to the minister for public disclosure. This bill required all union organizations to submit detailed annual financial reports on salaries, revenues, and spending.

The Privacy Commissioner, Daniel Therrien, said that Bill C-377 went too far and constituted an invasion of privacy. The Canadian Bar Association also questioned whether the bill was constitutional and even said that this bill would infringe on freedom of expression and freedom of association provisions. It was, therefore, a very bad bill. Unfortunately, the Conservatives continued to push this bill, even though almost everyone agreed that it was a very bad piece of legislation.

This reminds us of the need to protect collective bargaining and the right of unions to strike. We need to believe in the rights of unions and the important role they play in striking a balance of power between employers and workers. When unions are valued, workers have more rights and there is less pay disparity. A strong union presence has its benefits in a society.

That being said, the Conservatives introduced another bad bill, Bill C-525, which sought to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, and the Public Service Labour Relations Act. In short, this bad Conservative bill was based on bad American laws that are increasingly geared at doing away with unions.

Under the bill, workers in the same union would be allowed to be members without making a financial contribution to the union's activities and without losing the benefits afforded to them under the collective agreement. That does not make any sense. It goes against union promotion. If fewer people paid union dues, it would upset the balance of power that allows workers to assert their rights.

The purpose of these legislative initiatives is to limit unions' financial capacity by making it easier for workers to opt out of union membership while continuing to take advantage of the benefits afforded to them under their collective agreement. This was yet another bad decision by the Conservatives.

I am truly very happy because the NDP worked so hard that the Liberals followed its lead. I am very proud of my party and our leadership in that regard. I am pleased that the Liberals are on the same page.

In Drummond, I regularly meet people who belong to a union. I recently met two members of the Public Service Alliance of Canada. Many workers in my riding are protected by this union. These people told me that they were concerned about what we have seen in recent years, and that is the erosion of workers' rights. They also shared with me what they would like to see happen. For example, they would like workers to continue to have the right to collective bargaining. Unfortunately, the Conservatives imposed working conditions by passing legislation rather than by negotiating with workers.

I believe that the Liberals understand that it is important to negotiate instead. I will come back to that.

Occupational health and safety under the Canada Labour Code has been eroded. Workers are very concerned about occupational health and safety problems and would like to prevent them. We are very proud to see that the Liberals have begun to look at this issue. They are tackling Bill C-59, which was introduced by the Conservatives. We want to repeal the bill, and the Liberal government is going to submit a proposal to the union.

Bill C-59 contained a provision that would abolish employees' right to good faith bargaining by authorizing the employer to unilaterally establish all sick leave conditions. There was a problem related to sick leave, and instead of negotiating the Conservatives imposed a law. Fortunately, the Liberals will negotiate instead. However, they have unfortunately brought forward the same proposal the Conservatives did. We are somewhat disappointed with that.

I also attended several general annual meetings of the union representing workers at the Drummondville penitentiary. I salute all the workers of the Drummondville penitentiary, who do an excellent job. I had the opportunity to visit the institution a number of times. The penitentiary's needs in terms of the rehabilitation of inmates, who want to eventually leave and return to society, are incredible. I am sure that this is the case for all other penitentiaries in Canada. I visited a continuing education class and there were other initiatives as well. I was very pleased to be able to visit them, and I would like to thank them for welcoming me.

I would also like to remind my colleagues that the member for Rosemont—La Petite-Patrie worked very hard in committee in the last Parliament to fight Bill C-377. I think that it is very important to acknowledge his contribution, because he did an incredible job.

Of course we are pleased and delighted that Bill C-377 and Bill C-525 are being repealed. However, we in the NDP will continue to pressure the government to enhance the right to collective bargaining and make working conditions more equitable for all Canadians. We will continue to pressure the government to repeal division 20 of Bill C-59 on sick leave, reinstate the federal minimum wage, and pass the anti-scab legislation introduced yesterday by my colleague from Jonquière. That is a fantastic initiative, and we are all really proud of the collective work done by the NDP when it comes to protecting workers' rights.

I hope the bill passes unanimously in this Parliament, because it will restore the balance of power between workers and employers. I commend the NDP for the collective work it has done, which inspired the Liberal government, and I congratulate the Liberal government for moving in the right direction on this, although there is still work to be done.

[Jenny Kwan, NDP, Vancouver East, BC]

Mr. Speaker, throughout the past two decades there has been a steady attack on the rights of working people in Canada. Nowhere has this attack been more evident than on organized labour.

Having spent nearly a decade fighting the attack by the former Conservative government, the NDP welcomes the Liberal government's decision to repeal Bill C-377 and Bill C-525. Today, I am proud to stand in the House in support of Bill C-4, a bill that would restore unions' rights to represent their members and to ensure that labour relations are respected.

In the last Parliament, despite public warnings from Canada's Privacy Commissioner, constitutional experts, and the Canadian Bar Association that these bills were very likely to be found unconstitutional, Bill C-377 became law anyway. Bill C-377 placed onerous, redundant, privacy-violating reporting burdens on unions.

Unions were already required to make their financial information available to all their members. While pushed under the guise of transparency, this sweeping bill would have had far-reaching consequences.

For example, anyone who took on a temporary contract with a union and was paid more than $5,000 would see their name disclosed on this database. Likewise, any company engaging in work with a union, such as a small business providing snow removal services, would see their company and the contract details posted publicly, potentially undermining their ability to negotiate other contracts. Let me say that in Ottawa, it snows quite a lot.

By the way, this ideological attack on unions did not come without a price tag. The parliamentary budget officer estimated that the Canada Revenue Agency would need approximately $21 million to establish this electronic database over the first two years and approximately $2.1 million per year to keep the database up to date and to maintain after that. That means repealing Bill C-377 would save Canadian taxpayers and unions millions of dollars per year.

With the passage of Bill C-4, we now would have the opportunity to put that money to better use, to protect Canada's rights as well as access to government services.

Some of my constituents struggle daily to make ends meet, even with a full-time job, some of them with multiple jobs. Others would like to work, but cannot access the workforce for a variety of reasons including their inability to secure affordable, quality child care. The savings from this could fund a number of much needed programs such as social housing, services for seniors, and programs for the most vulnerable.

Like Bill C-377, Bill C-525 was designed to weaken unions in Canada. It was a bill that aimed to solve a problem that in my opinion, did not really exist.

Bill C-525 amended the Canada Labour Code, the Parliamentary Employee and Staff Relations Act, and the Public Service Labour Relations Act in order to make it more difficult to certify a union and much easier to decertify one.

Prior to this bill, in order to trigger a union certification vote within the workplace, between 35% and 50% of the employees would have to sign a card indicating that they wish to become members of the union. Bill C-525 would have seen this threshold raised to 40%. Let me make it very clear, prior to Bill C-525, if 35% of employees signed a card, it only triggered a workplace vote, it did not automatically certify a union.

In order to certify a union during the card signing process, more than 50% of employees would still need to have signed a card indicating that they wished to be a member of the union. Their rights were respected and the process was legitimate. For workplaces that were already unionized, Bill C-525 attempted to make decertification of a union easier.

Bill C-525 would lower the threshold required to trigger a decertification vote to 40%. With these measures, it is clear to me that the attempt here was to make it more difficult to trigger certification and for simply ideological reasons.

New Democrats have long supported Canadians' right to freedom of assembly, as protected under the charter, as well as defending the value of the labour movement to working Canadians. It is no coincidence that as unionized rates in Canada have fallen, good-paying, stable, full-time jobs have gone with them. Collective bargaining has played an important role throughout history in ensuring that workers' rights are protected, that workers work in a safe environment, and receive fair pay and benefits for the value they bring to the workforce.

As these stable, secure jobs have been eroded in the workplace, what remain in Canada now are precarious ones, temporary contracts, and part-time work, which often are without benefits and have lower pay. Those are becoming the norm in today's workplaces. Just last year it was found that 52%, or over half, of all workers in Toronto, a major city in Canada, are in these precarious employment situations. Across Canada, these precarious positions are also disproportionately held by visible minorities and new Canadians, adding another barrier to their moving up the socio-economic ladder and achieving financial security for themselves and their families.

For a growing number of precarious workers, making ends meet is becoming increasingly difficult as the cost of living continues to rise and their wages do not keep up. Statistics Canada found that the lowest-earning 20% of Canadian households are now spending over 51% of their take-home pay just to cover essentials. Housing costs alone are now taking up nearly one-third of 20% of Canadian households' paycheques.

The impact of precarious work goes beyond the chequebook. Workers in precarious jobs are nearly twice as likely to report worse mental health than those in secure positions. The impact on people not knowing when their next shift is, of being subject to last-minute scheduling, and not knowing if they will still have jobs next month can lead to acute stress, poor nutrition, and weight gain. Studies have also shown now that workers are becoming trapped in precarious situations instead of moving on to stable, permanent positions. It is increasingly evident that they are stuck, going from contract to contract.

Employment instability, lower wages, and the lack of benefits have far-reaching impacts on Canadians and the economy. Poverty among seniors hit a historic low of under 4% in 1995 and that figure has begun to reverse as workplace pension benefits are eroded and Canadians struggle to save for retirement.

In 2013, poverty rates among seniors increased slightly to 11%. Poverty among seniors disproportionately impacts women, who are now experiencing poverty at the unacceptable rate of 30%. However, do not take the NDP or labour's word for it. Unionization was a key driving force in the past in addressing these issues. Indeed, in a study released just last year, the International Monetary Fund signalled a significant shift in approach, acknowledging that the role unions have historically played in addressing income inequality in society around the globe has been understated.

Research bodies are now showing that declining unionization rates are a significant factor in increasing inequality, especially among developed nations, including Canada. The IMF has now stated that the declining presence of unions has not only weakened the earnings and earnings potential of low- and middle-income earners, but that this has directly led to the rapidly increasing income share of the very highest earners, in particular, corporate managers and shareholders. Unions in Canada play a key role in the financial security of working Canadians and this can no longer be denied.

The Liberal government's decision to repeal these ideological pieces of legislation that would further harm the Canadian labour movement and the financial security of working Canadians is a welcome first step, but there is more to be done. The NDP will continue to push the government to repeal division 20 of Bill C-59 on sick leave, to reinstate a federal minimum wage, and to enact anti-scab legislation and proactive pay equity legislation. New Democrats will push for the repeal of the former Bill C-4, instead of being satisfied with just the current promise to review it. This legislation is also likely to be found unconstitutional and was another example of ideologically driven legislation to undermine fair collective bargaining.

Canadians can be assured that the NDP will continue to fight for workplace rights and against growing income inequality in Canada. Reducing inequality and improving the financial security of everyday working Canadians needs to be a top priority for the government.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Mr. Speaker, I am very pleased to rise in this debate today; I do think this is very interesting. It has been mentioned by a few of my other colleagues that we have a critical situation in terms of Alberta and the issue around oil and the prices of energy. We have issues in Quebec in terms of Bombardier.

As a country, we have many important things that we need to be dealing with, so it is absolutely ironic that of the two first bills that the current government brings forward, one is “oops” a mistake. The Liberals made a promise about income tax. It was supposed to be revenue neutral, but it is a $1.4 billion oops. However, they are going to bring it forward anyway and add to the deficit by $1.4 billion. Then, of course, the next bill that the Liberals brought forward is a bill that would detract from accountability. It does speak to the priorities of the current government that the first two bills it brings forward are oops and lack of transparency.

I have an interesting history with these two bills, which might be a bit unique in this Parliament. I sat on the finance committee when Bill C-377 was going through committee. Then I also sat on the human resources committee as the parliamentary secretary for the minister of labour, as we dealt with Bill C-525. I had the benefit of hearing and really watching the progress of these bills as they went through the legislative process. I heard the opposition members stand up and talk about how this violated safety and privacy, and that people with their private health care information were going to be identified, or RCMP were going to be identified.

We did our jobs as legislators at that time, and we made a number of amendments. We heard some concerns from committees, and we did make amendments that dealt with those specific concerns. It really is a bit disingenuous when the members of the government stand up and say that this was going to violate health concerns, that information was going to be public. That was looked at and the bill was amended. I ask that they not go back to the original version when they are criticizing this bill. They need to go to the amended version, the one that was actually passed. I think that was certainly a fair point.

The Liberals talked about other professional organizations not being included. I think that is a fair point. I am a nurse by background. I was a member of the nurses' union and a member of the nursing association, so that is a fair enough point. Lawyers' associations and nurses' associations were excluded from the bill, and perhaps they should also be accountable for the same level of transparency.

The Liberals questioned why they were not included. Instead of gutting the bill, if that was their issue, why did they not just add those professional associations to the bill to create the same level of transparency for everyone? If the Liberals had some concerns, there were ways that they could have added things.

There were concerns mentioned in terms of the red tape. I am sorry, but in this age of computers, the ability to generate and submit reports has become very easy. I challenge anyone in this House to go to a special site on the website for the United States Internal Revenue Service, where people can see the information they need to see. This is not something that was dreamed up out of the blue. This has been in the United States for many years, and I do not think it created the big challenges and problems that people were speaking to.

I do recognize that some unions are very good about sharing information. I talked to people at the International Union of Operating Engineers, and they shared with me the reports that they publish annually. It was very comprehensive, fulsome, and available to all their members. Certainly there is no question that there are some great practices among our unions in terms of what they share.

However, I also think that this is important to point out, and this aligns with the First Nations Financial Transparency Act. For a government that claims it is concerned about transparency, why does it insist that people have to ask for the information? First nations transparency is such that first nations have to go to the band office, or they have to go begging to the government for basic information, if it is not provided willingly, and it is not always provided willingly.

For the union members, many organizations, but not all, are good about sharing that information. We can imagine how intimidating it would be for a member of a union to go in to ask for that information. This should be disclosed to union members.

If the Liberals care about transparency and do not want this going through the Canada Revenue Agency, why did they not amend it to say that it had to be made available online or make some other changes? Obviously, this is not about transparency, but about a promise they made to get support in the last election. If they had concerns with respect to the bill, they could have made changes to deal with those.

Bill C-525 is really about the right to a secret vote. We have had examples given here today, and I would like to provide an example.

I worked in a very small facility where there were 20 employees in total. Under the old system, if one of those 20 employees were interested in certifying a union, which was perfectly within his or her right to do, he or she could have talked to his or her 10 friends, they could have had a card check and hit their 51% and would have automatically been unionized without the other nine people even having a voice in that conversation. It is totally outrageous that 11 people could certify a union without the nine others having the ability to even have a say.

The secret ballot is not for the unions or the employer, but the employee. Members can imagine how divisive the whole idea of certification would be in this small setting of 20 people. The people who worked there did not want their name on the list among the 11 who wanted certification or among the nine who would ask for decertification. They wanted to have a secret ballot because they did not want the union to know and did not want their boss to know. Therefore, having a secret ballot is a fundamental democratic right.

I would again ask the members of the government how they can suggest not having a secret ballot on something that is so profound and so personal, and leaves people open to all sorts of difficult circumstances. I think that to move away from the secret ballot was an incredible mistake.

I look at British Columbia. It has had the secret ballot there for many years, which has not led to any catastrophic results, but to comfort for the worker. This was not about the employer or about the union, it was about the worker.

The government also likes to say that it made it harder to certify and easier to decertify. What it did was create an even threshold so that 50 plus one will certify or decertify a union. I do not think that is a very outrageous thing to do.

In conclusion, we have heard that one of the top priorities of the current government is to move away from transparency and whether to do so formally. I must give the Liberals their due, because right now it is being done formally as we have this chance to debate the bill and hold the government to account, whereas on the First Nations Transparency Act we heard them talk in question period about how a law is a law is a law. However, to them a law is only a law if they like it. If they do not like it, as was the case with the First Nations Transparency Act, they will not enforce it. Therefore, I think they have put themselves in a really difficult position.

I am delighted to stand up and talk to this, but I am disappointed that if the Liberals had concerns, they did not just make this better but are instead choosing to gut it.

[Blaine Calkins, Conservative, Red Deer—Lacombe, AB]

Mr. Speaker, it is a terrible day. This will be the last day of debate on this legislation, which will all but assure the end of my private member's bill, Bill C-525, which I was very pleased to have passed. It brought accountability to a process. It empowered every worker in the country currently in a union, or thinking about being in a union, or leaving a union the right to have a secret ballot vote and do what is best for them.

I was pleased to stand in this place and do this as a private member. Could my colleague talk about how important it is for members of Parliament to be empowered to do the job on behalf of their constituents and not be subjected to attacks and pointless debate about what members of Parliament should or should not be allowed to do in this chamber?

[Blake Richards, Conservative, Banff—Airdrie, AB]

Mr. Speaker, it is a pleasure to rise today to speak to this bill.

As members of Parliament, it is important that we all have our finger on the pulse of the priorities of our constituents, and it is imperative that we set out to meet those needs on their behalf. For me, it has been the absolute honour of a lifetime to be able to serve the constituency of Wild Rose first and now Banff—Airdrie as member of Parliament. I want my constituents to know that I will always continue to fight for them and to stand up for their priorities and our great province of Alberta.

When I pursued public life, I did so because I wanted to give back to my community. My objective was to bring people together, whether in my riding or here in Ottawa, to help move great ideas from concepts into action, listen to Canadians, and deliver results. However, today I am here to talk about Bill C-4, one of the Liberal government's first priorities.

As an Alberta MP, my priority is to give a voice to a riding and a province that are severely impacted by falling oil prices, mass layoffs, and collapsing businesses. In addition to the Liberal mismanagement that we are seeing with a ballooning federal deficit, I was shocked to see the government put forward a bill, as one of its top priorities, aimed not at supporting workers or the more than 100,000 people who have lost their jobs as a result of the struggling oil and gas sector but, rather, a bill to please union bosses, which would reverse key transparency measures that our previous Conservative government put in place.

Specifically, the Liberal government is introducing, as one of its first priorities, legislation that seeks to reduce transparency for union bosses by removing a requirement that the leadership share how it spends its members' union dues and removing the secret ballot provision for trade union formation and abolition. I firmly believe that this bill is critically flawed. It is flawed in that it reduces the transparency that Canadians are demanding in all areas of public administration, and it does this at a time when the government should be focused on workers, not union bosses.

I would like to take this opportunity to share with the House what it is like at home in my riding and my province right now. We are living through one of the most significant downturns of our generation. More than 100,000 people have lost their jobs in Canada, with many now risking the loss of their homes and the lives they have worked so hard to build. Almost 40,000 of those job losses are in my province of Alberta. Alberta's unemployment rate has surged to 7.4%, surpassing the national average for the first time in nearly three decades. It is a very difficult time.

In the midst of this downturn, Albertans are feeling absolutely and utterly abandoned by the Liberal government. Instead of helping the people of my province, the government has, instead, turned to kneecapping the energy industry. The Liberals are adding further uncertainty to the energy industry through their new temporary, endless regulatory processes, raising the spectre of a new carbon tax, and imposing more and more obstacles for critical market access infrastructure that, I might add, would not cost the government a single dime.

Instead, the Liberal Party has taken the stance that, if it calls a sum of money “stimulus”, Albertans will keep quiet about the Liberals completely thumbing their noses at the energy industry with their new job-killing policies. I will say this: we are not going to stay quiet. I hear time and time again from my constituents and from the thousands of Albertans who work in the oil and gas sector that a plan for jobs and a strong economy is what we need right now, not a temporary, uncertain, and endless regulatory regime, and definitely not a new job-killing carbon tax.

The government should be focused on creating jobs. What we have seen from the Liberals so far is added uncertainty for pipeline development and certainly an unwillingness to stand up for our citizens who are in need of support. More taxes will not create jobs or help Albertans get back to work. Unfortunately, what we have seen, instead, from the Liberal government is that it is certainly a government that is fond of taking misguided approaches, which is what we are seeing demonstrated in Bill C-4.

The legislation is not focused on workers at all. In fact, it would do more harm to them. It is simply a step back for democracy, transparency, and accountability. There are so many reasons why it demonstrates how the government is going in exactly the wrong direction.

The legislation violates the fundamental principle of transparency. If the Liberals are truly trying to pride themselves on being more open, it boggles the mind as to why one of the first pieces of legislation they have introduced totally and absolutely contradicts that principle.

Bill C-377 saw the requirement for public disclosure of a non-profit organization. Requiring public disclosure by organizations receiving substantial public benefits is not a new concept. Canadian charities have been publicly reporting their spending for at least 35 years. Nonetheless, the legislation blocks the public from seeing how any benefits the government provides to unions are being leveraged. Why are the Liberals removing this level of transparency when public disclosure creates greater credibility and support for the legitimately representative work that unions do?

Bill C-4 would enable union bosses to direct their members' fees without having any accountability to their members. They would make decisions of advocacy and conscience under a shroud of secrecy without any accountability at all to their members.

If shielding the books from the membership, the actual workers, is not enough, with Bill C-4, the Liberals are also standing against a worker's right not to join a union.

The legislation would eliminate Bill C-525 and its provisions which support Canadians free choice of whether they want to be a part of a union free from intimidation. This is what Canadians should expect in our democracy. This legislation was put in place by our previous Conservative government to further support workers.

Bill C-525 also required union organizers to get expressions of support from a very reasonable 45% of workers in federally regulated sectors in order to force a vote on union certification. Bill C-525 also ensured that the subsequent vote would then be held by a secret ballot. If a majority of workers in that collective bargaining support joining a union, then certification would proceed. The same logical process would apply in reverse should workers seek to decertify a union.

We just came through a federal election. I would have been happier with a different result, but we again experienced one of the most surreal traditions of life in a democracy, a peaceful and orderly transition of power. We use a secret ballot in our democratic system. Although the government may be looking to change the electoral system, we surely do not hear it talking about changing the critical democratic piece of a secret ballot anywhere but in the labour movement. Five provinces already employ this method of union certification. Bill C-525 would simply apply it to federally regulated sectors. Abolishing the secret ballot would be an attack on the democratic process. All members of Parliament are elected by secret ballot, so why take that away from everyday workers?

Bill C-4 is a fatally flawed piece of legislation. If the Liberals really want to help workers and their families, they should consider some facts.

Commodity prices have contributed to massive layoffs across the country and our dollar continues to drop in value. In 2015, Canada's oil and gas industry lost $60 billion in revenue. That is equivalent to wiping out the Canadian auto sector in just one year. The IMF has downgraded its economic outlook for Canada. The household debt to income ratio of Canadians is now the highest in the G7. Canadians are suffering the consequences of these real challenges.

Unemployed Canadians are out there with no prospect of finding jobs. Working families are living with the fear every day that they will lose their jobs. Seniors are watching their retirement savings drop as the markets struggle.

These are the challenges that should shape and drive policy that we set here. Canadians expect their government to take action. We should be seeing initiatives to keep taxes lower so Canadians have more money in their pockets to make ends meet. Instead, we see a proposed carbon tax and we see measures to increase EI premiums and taxes, measures that would add further uncertainty on our natural resources regulatory processes, a ballooning deficit, and now we have a bill today focused on union bosses rather than their workers.

These are the priorities of the Liberal government and that just demonstrates that the government has its priorities all wrong.

[Pierre Nantel, NDP, Longueuil—Saint-Hubert, QC]

Mr. Speaker, I am pleased to rise to speak to Bill C-4. Of course it goes without saying that I will be supporting this bill at second reading.

We spent the last 10 years under constant attack from the previous Conservative government with respect to workers' rights. Obviously I will be talking about Bill C-377 and Bill C-525, which were introduced in the previous Parliament. I will come back to them later in my speech.

There have been flagrant examples in recent years. It was almost an obsession. I am talking about the Conservative Party's attitude towards the workers at Canada Post and the CBC, just to name a couple. I think some people, especially on this side over here, often forget the many benefits brought about by unionization.

For example, a unionized worker earns on average five dollars more an hour than a non-unionized worker. Among women, that gap is even wider at $6.65 an hour. This translates into greater purchasing power and more money going back into the economy. Basically, it is good for everyone. This is not rocket science. I would also remind the House that we do not hear stories about tax havens when it comes to these kinds of wages and workers.

The purpose of Bill C-4 is to repair the damage from the Conservatives' attacks against workers. First, it prevents legal challenges. According to our analysis and that of the Privacy Commissioner of Canada, Bill C-377 went against the Canadian Charter of Rights and Freedoms. The courts would no doubt have annulled that bill because it violated the right to the freedom of association and violated the privacy of those who work for a union.

I find it rather insulting that the previous government decided to introduce a bill that it knew was easily revocable by a court. Why do that? Was it out of ideology, or flagrant disregard for workers and our institutions, including our courts? Maybe it was a cheap fundraising stunt on the backs of its supporters. We know that the Conservatives have a penchant for that type of thing. Unfortunately, we will never know, but fortunately we are here to undo the previous government's dirty tricks.

The Conservatives may have claimed that they introduced the bill in the hallowed name of transparency, but what they failed to say is that unions were already required to report their financial information to their members. That is a rather important detail that we do not often hear the Conservatives talk about.

Bill C-377 imposed detailed and costly reports and requirements on the unions. The Conservatives pushed the bill through, despite general opposition from the public, including constitutional law experts, the NHL Players Association, the provinces, Conservative and Liberal senators, which takes some doing, privacy experts, the Canadian Bar Association, and so on. We are not the only ones who are pleased to see Bill C-4 before the House and to see it pass quickly.

According to the parliamentary budget officer's estimates, implementing Bill C-377 would have cost much more than the $2.4 million that the Conservatives planned to give the Canada Revenue Agency. The CRA would have spent almost $21 million in the first two years to create the electronic database required and approximately $2.1 million annually to maintain the system. I have not even touched on all the hours that the unions would spend to meet these requirements, which would be added to their workload, instead of protecting workers' rights.

Therefore, the repeal of Bill C-377 will save millions of dollars for both the government and the unions. I would like to quote the national president of the United Food and Commercial Workers union, which represents NDP employees:

UCFW is pleased to see the government tabling Bill C-4. Our union campaigned vigorously against the Conservative Government's Bill C-377 in the last parliament. The bill was undemocratic, and part of the Conservative government's campaign against workers and workplace democracy. It was also a major invasion of the privacy of individual union members and it infringed on provincial jurisdiction over labour issues. Repealing Bill C-377 is positive for all Canadians as this bill would have been expensive for the government to implement and monitor.

That is what I wanted to say about one-half of Bill C-4. As for Bill C-525 , it sought to make it harder for workers to organize, while making it easier to decertify unions. What struck me about the bill at the time was that it was completely unfounded.

The government made changes to the labour laws without even proving that the old union accreditation method was a problem. I will summarize the facts.

About 10% of workers currently fall under federal jurisdiction. They are represented by a number of unions, such as public service unions, Unifor, and trade and construction unions. Before, a union was automatically accredited when more than 50% of workers signed a card indicating that they wanted to unionize. When 35% to 50% of workers signed a membership card, an election was triggered to determine whether the workers truly wanted to unionize. Bill C-525 wanted to change the threshold for triggering an election for accreditation from 35% to 40%. Furthermore, it would have also banned the automatic card check certification system.

This is yet more evidence of the previous government's disdain for workers' rights. This backwards attitude ignores the fact that, for example, the wage increases negotiated by the union inject hundreds of millions of dollars into the Canadian economy every week.

I want to get back to what I was saying earlier. One of the advantages of unionization is that it injects more money into the economy. When people earn higher wages, they consume more. We are talking about regular people, not Bay Street CEOs, who earn astronomical salaries and then send that money to some faraway island.

I applaud this bill from my colleagues opposite, who made a good decision to start their term by repealing these two harmful bills. That is a good sign. However, we must remain cautious, because this is only a sign. In recent years, my colleagues opposite waxed on and on about standing up for the middle class, but I must say that their definition of the middle class, which they are using for the tax cuts they promised during the campaign, is flawed. The threshold they use is rather arbitrary.

I would now like to talk about this dangerous new bug that everyone in the current Liberal government seems to have contracted, and that is “consultitis”. That is all well and good, and I understand that some issues require a lot of discussion and consultation with experts. However, there are also some issues that have obvious answers. The government could save time on those rather than getting caught up in this constant consultation. That is what I mean by “consultitis”.

The government needs to protect the middle class by taking meaningful action, not by spouting rhetoric and launching public consultations left and right. We have heard enough about consultation since this government took office. Talk is all well and good, but it does not put food on people's tables.

I therefore urge the Liberals to do more, to take more meaningful action. The benefits of doing so are tangible and easily verifiable, so let us get started.

The NDP will continue to exert pressure on the government to reinstate the federal minimum wage and vote in favour of the anti-scab bill introduced by my colleague from Jonquière. It is a common sense initiative, as is pay equity, obviously.

I find it very frustrating that problems like the ones I mentioned, which were identified decades ago, are still wreaking such havoc. Canada is a progressive country, which is obvious from our general attitude on thorny issues such as physician-assisted dying. However, I find that we sometimes drag our feet for no apparent reason. Everyone here recognizes that women and men are equals, but that belief is not reflected in our economy, where we see wage disparities that make no sense.

In closing, I realize that there are a lot of messes to clean up. After a decade under the Conservative dinosaurs, there is a lot of work to be done. That decade put us on guard. The NDP will certainly not be giving the Liberals a blank cheque, since everyone knows that they have a tendency to signal left during the election and then turn right once they take office.

Unequal distribution of wealth is not just theoretical. It is a very real problem that is beyond comprehension in a country as wealthy as Canada. Decent working conditions and decent pay are good for everyone. We all know the harmful and devastating effects of poverty. I am proud to belong to a political party that understands these issues and refuses to compromise when it comes to implementing effective measures to truly eradicate poverty and poor working conditions, which have no place in a country like Canada.

Labour

[Marc Serré, Liberal, Nickel Belt, ON]

Mr. Speaker, I rise in the House today to support the many men and women in Nickel Belt and Greater Sudbury who belong to an organized labour union. As a past union member myself, I understand how unions strengthen communities. They have helped create safer workplaces, better working conditions, and recognize the need for workplace health and safety committees.

I believe that unions play an important role in today's economy and that they encourage business growth. Accordingly, we must treat the labour movement fairly, since unions help establish productive relations between employees and employers.

I am very proud to be part of a Liberal government that will repeal Bill C-377 and Bill C-525. I recognize the important role that unions play in protecting the rights of Canadian workers and in helping the middle class grow.

I look forward to meeting every organized labour union in Nickel Belt and Greater Sudbury, to listen and understand their issues.

Merci, meegwetch.

Canada Labour Code

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Mr. Speaker, not all union members in Canada want their union dues spent to support a political party that they do not support. They want the protection of a secret ballot.

I am interested to hear the member explain how replacing Bill C-377 and Bill C-525 with Bill C-4 would do anything to protect the workers' rights.