Bill C-525 (Historical)

Employees' Voting Rights Act

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

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

Employees' Voting Rights Act

[Blaine Calkins, Conservative, Wetaskiwin, AB]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Mr. Speaker, I would like to thank my colleague from Wetaskiwin for his bill and the debate he is bringing before the House. I would also like to congratulate him on being re-elected two years ago in his riding. I believe that he won 81% of the vote. That is quite impressive, I must say.

Now, let us look at the details of his bill. If workers want to unionize, they must have an absolute majority, not just of those who vote, but of all those who work in the bargaining unit. With 81% of the vote, he had sufficient support to be re-elected.

Why does the member want to subject workers in our country, men and women who want to form a union, to a more stringent rule than the one that governed his own re-election?

[Blaine Calkins, Conservative, Wetaskiwin, AB]

Mr. Speaker, no member of Parliament was elected by a yes/no question, not even the member who just asked me that question. The question on a ballot in a union certification process requires a yes or no. There are not five or six candidates vying for a first past the post system, which we have here.

What is unreasonable right now is that there are certain circumstances whereby unions are created in this country with less than 50% of the workforce's support. That means that the minority of workers in that workplace have their will imposed on the majority of workers. In a union certification process, if the union membership can convince the members to sign 50% card check, why on earth can they not do it in a secret ballot? What do they have to be afraid of?

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

Mr. Speaker, to make substantive changes to the provisions in the Canada Labour Code is fairly significant, which this is, so I would think there would be a fair amount of documentation on the rationale behind the purpose of this legislation.

There have been very strong accusations about intimidation by union leaders and union organizers.

I would ask my colleague, in this day and age where everybody is so hypersensitive about harassment and harassment charges, if he could give us an indication of the total number of charges that have been laid against union officials for harassment or if he could give us the number of files that have been before the labour relations board with regard to such actions.

[Blaine Calkins, Conservative, Wetaskiwin, AB]

Mr. Speaker, the hon. member has the same privileges I do as a member of Parliament. He can ask the Canada Industrial Labour Relations Board this question himself.

However, I have a lot of cases that have piled up. There are cases in the media. I would be more than happy to talk about them.

In fact, I could table the document right now if I had all-party support to do it, cited as Fabricland Pacific Limited v. International Ladies' Garment Workers' Union, Local No. 287, in which the individual here claims just that, that people show up at her place during the union certification drive, demanding that they sign the card check.

I understand that my Liberal colleague, who I believe is the critic on the labour file, is asking this question; so let us debate it. Let us have that discussion. If he has some different ideas as to how we could improve the legislation, I would be willing to listen to what those happen to be.

However, if he wanted to look up some statistics about the need for democracy, one only needs to count the over 100,000 names on cenotaphs across this country of people who fought for freedom and democracy and the ability to cast a secret ballot vote. Surely to goodness that list is long enough.

[Mike Sullivan, NDP, York South—Weston, ON]

Mr. Speaker, I appreciate the fact that the member is trying to impose democracy where we find very little, which is in this chamber.

The notion that a small minority of members of a bargaining unit could in fact turf out a union is anathema to me and to many trade unionists. We know where the intimidation comes from. One only has to talk to the workers at a McDonald's in Ontario, in Orangeville, to find just what intimidation from the employer is all about prior to a vote. Yes, they had enough cards before the vote, then the vote, and the vote overturned it because they were all afraid they were going to lose their jobs because the employer was going to fire them all if they voted in favour of the union.

That is exactly the kind of thing that this card check certification in the labour code prevents. The intimidation comes from both sides.

I wonder if the member would comment.

[Blaine Calkins, Conservative, Wetaskiwin, AB]

Mr. Speaker, my colleague has asked a very discerning question. I would say back to him, just as we have in our democratic process to elect members to this House, there is nothing wrong with an environment whereby the employer and the union are vying for support of the worker during a union certification drive.

If that is the case, then the workers themselves ultimately will have their choice through a secret ballot vote. They will either decide that forming a collective bargaining unit is in their best interests or not, which means the employer is going to have to do everything it needs to do to maintain its workforce and the union is going to do everything it needs to do to convince employees to vote in favour of union certification.

Competition between those two events will only result in the best offer being made to those employees.

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

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

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

[The Acting Speaker, Conservative, Bruce Stanton]

The translation is not working. It is now.

The hon. member for Rosemont—La Petite-Patrie can start his speech over.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[Blaine Calkins, Conservative, Wetaskiwin, AB]

Mr. Speaker, I rise on a point of order. I am getting the translation now, but I was not getting it and I am most interested in what my colleague has to say.

[The Acting Speaker, Conservative, Bruce Stanton]

For the remaining minute of his speech, the hon. member for Rosemont—La Petite-Patrie could perhaps continue with the last page, for example.

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

Mr. Speaker, if the government really wants to improve the labour market and families' living conditions, it should instead protect the rights of workers.

It should strengthen our communities, not try to undo what little progress the middle class has made. However, it is sad to see that, after failing to revive the economy, the Conservatives are giving up on creating and maintaining good jobs.

Before trying to teach workers a thing or two about democracy, the Conservatives should do some soul-searching. Canadians and Quebeckers are asking serious questions about how the Conservatives are running the country, the prorogations of Parliament, the attempts to cover up scandals, robocalls, election expenses and the Senate.

Workers in this country know that they can count on one party, the NDP, to be their voice in Parliament and stand up for their interests.

In 2015, we will bring down this government of privileged and powerful people and install a government that, for the first time, will meet the needs of the people.

[The Acting Speaker, Conservative, Bruce Stanton]

My apologies to all hon. members for some of the audio difficulties we experienced with that.

Resuming debate, the hon. member for Cape Breton—Canso.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[The Acting Speaker, Conservative, Bruce Stanton]

The time provided for the consideration of private members' business has now expired, and the order is dropped to the bottom of the order of precedence on the order paper.

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

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

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

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

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

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

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

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

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

[The Acting Speaker, Conservative, Bruce Stanton]

Order, please.

There is too much noise in the House.

There is too much noise in the chamber.

The hon. member for Saint-Maurice—Champlain has the floor.

I would ask the indulgence of all members to recognize that we have one of our members speaking on this motion. I will give the floor back to the hon. member for Saint-Maurice—Champlain.

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

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

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

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

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

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

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

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

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

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

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

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

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

[LaVar Payne, Conservative, Medicine Hat, AB]

Mr. Speaker, I am pleased to rise today to give a speech, my first one in 2014.

On that note, Mr. Speaker, I would like to wish you and all of our colleagues in this House a very happy and prosperous new year.

Second, I would like to thank all of my constituents in the great riding of Medicine Hat for their support over this last year.

I am very pleased to rise in the House today to speak in support of the employees' voting rights act, which intends to modify the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, and the Public Service Labour Relations Act.

I would like to thank my colleague, the member for Wetaskiwin, for raising such an important question in the House. I have the privilege of having him sit beside me this afternoon.

We can all agree that employees should have the right to decide freely, without pressure, whether or not they want to be represented by a union. In Canada, freedom of association, which includes the ability to form a union, is a fundamental right guaranteed by various federal, provincial and territorial labour laws, as well as the Canadian Charter of Rights and Freedoms. The Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act also guarantee the right to certify or decertify a union.

We all understand that for an employee the decision whether to be represented by a union or not is an important one. It is equally clear that the decision made by employees regarding their unionization has an impact on their employer.

When elections are held, Canadians choose their representatives by secret ballot vote. They make their decision in a voting booth, without pressure, sheltered from the looks of others. Why do we vote this way? The secret ballot voting remains the single best way to ensure democracy, so it should be available when individuals choose if they would like to be part of a union.

As we know, currently unions can be certified to represent an employee bargaining unit through using a check card system. It is clear that the best way to guarantee that this important decision is made freely is by using a secret ballot vote. It is the very essence of the employees' voting rights act. It would give employees the right to express their opinions in a more democratic way.

I believe the employees should be able to fully express their views regarding the type of union representation they want in their workplace. I also firmly believe that their views should be expressed under the best possible conditions, to ensure the decision accurately represents the will of the employees.

Having said that, there are areas of the bill that we feel should be amended. That is why it is important for stakeholders, including unions and employees, to share their views regarding the bill. I am confident that the discussions will highlight the strengths of the bill. I am certain the stakeholders will provide constructive feedback to the House committee. This process offers them a unique opportunity to suggest ways that would strengthen and maintain workplace democracy.

The employees' voting rights act would allow us to begin an important debate on workplace issues, and I would like to recognize the hard work of the member of Parliament for Wetaskiwin on this file.

We all stand for election. We all have an opportunity to have people vote for us, and we know that every one of those votes is done by secret ballot. This is no different for employees who want to join a union or decide they do not want to join a union. They need to have that right to vote without the pressure that might be applied, and they could do that with a secret ballot vote.

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

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

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

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

I am reminded, when I look at this—

[The Acting Speaker, Conservative, Bruce Stanton]

Order, please.

The member for Wetaskiwin is rising on a point of order.

[Blaine Calkins, Conservative, Wetaskiwin, AB]

Mr. Speaker, I was present during question period today, as were most of the members in the House. I do not remember the Minister of Labour getting up once to answer a question. The hon. member may wish to correct the record.

[The Acting Speaker, Conservative, Bruce Stanton]

That is not a point of order. It is a matter of debate, a matter of the facts of a previous part of the day's proceedings.

The hon. member for Hamilton East—Stoney Creek.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[Larry Maguire, Conservative, Brandon—Souris, MB]

Mr. Speaker, it is my privilege to rise in the House to speak today to the employees' voting rights act, Bill C-525, put forward by my colleague. The bill aims to amend the rules for union certification and decertification in federally regulated workplaces to ensure that individuals have access to a secret ballot system.

I commend my hon. colleague for raising this issue. Democracy is fundamental to Canadian society, and all employees should have the right to express whether they wish to be part of a union. Why would the NDP and the Liberals want to remove this right, which they would do if they did not vote for Bill C-525?

Canadian labour laws are in place to protect the rights of workers while ensuring a productive environment for businesses. The Canada Labour Code guarantees employees a set of rights, including safe working conditions and minimum labour standards. One of those rights is the right to join or not join a union.

In Canada about 30% of all workers belong to unions, which include the more traditional unionized occupations. They include manufacturing workers, miners, electricians, and workers in other construction trades. They also include professionals, such as engineers and nurses, and employees in federal, provincial, and municipal public administrations, schools, and hospitals.

Unions are for the most part very democratic organizations. The employees' voting rights act would extend that principle. It would help to ensure that all employees would have the opportunity to express their wishes about certifying or decertifying a union.

Currently, under federal labour legislation, a card check system can be used to form a union. If the majority of the employees sign membership cards, the relevant labour board can automatically certify a union. For example, under the current system, if 11 out of 20 employees sign a union membership card, the remaining nine individuals may not even be asked to sign. They may not even be aware that their colleagues want to form a union, yet they would automatically be unionized.

It is like in Manitoba. We all know how unaccountable the NDP members are in Manitoba, with the premier now the lowest in popularity of all the premiers in Canada. I am sure today's byelections in Arthur-Virden and Morris will prove the lack of accountability and democratic accountability even more.

This means that in many cases, unions can be certified without giving all employees the fair opportunity to truly express their wishes.

The employees' voting rights act proposes to eliminate automatic certification and to use mandatory secret ballot votes to certify or decertify unions in all cases. Voting, which was once the exception, would now be the rule for certifying or decertifying unions at the federal level. It would ensure that all employees would have an equal opportunity to express themselves through a secret ballot vote when considering whether to certify or decertify a union.

I absolutely support the right of every employee to a secret ballot vote. It would provide every employee with the ability to voice an opinion and would give people time to fully consider their options. That is why I support the principle of the employees' voting rights act and will vote in favour at second reading.

I have been hearing from stakeholders, and I understand that there may be some concerns about certain provisions of the bill. Mr. Speaker, with your support, the House committee will have an opportunity to carefully study the bill and consult with key stakeholders to consider their input and views. As I said, I support the principle of the employees' voting rights act. The bill must find the right balance between the needs of employees, unions, and employers. I am confident that the bill could do just that.

I would like to encourage my hon. colleagues to support the bill at second reading and to defend the democratic rights of the workers of our country. This legislation would ensure that every federally regulated employee would have access to a secret ballot vote when considering union representation. It would ensure that employees would determine for themselves whether they wished to be represented by a union, and they could have their voices heard.

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

I would like to again take this opportunity to thank the hon. member for working to support the rights of employees by raising this issue and I encourage my hon. colleagues to stand in support of this bill at second reading.

[Robert Aubin, NDP, Trois-Rivières, QC]

Mr. Speaker, as I rise today to comment on private member's Bill C-525, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act (certification and revocation — bargaining agent), I cannot help but feel a little angry.

Actually, that is an understatement. I am very angry. When someone tries to amend the Canada Labour Code, we expect the proposed measures to improve problematic situations at least a little. In this case, the bill is yet another attack on an institution that has proven its worth and has made a significant contribution to ensuring quality of life for its members and, by extension, many workers in our society. That institution is the union movement.

I do not know what the unions can possibly have done for the government to treat them like this, but as a former president of a teachers' union in my riding, I will always stand up to fight for the fundamental rights of workers.

This private member's bill is clearly part of the government's agenda. There is no way this just happened by accident.

If this bill passes, it would be a first. As far as I know, changes to labour relations legislation have never been introduced via a private member's bill. Governments that do things properly and truly want to improve labour relations do not feel the need to slip changes in through the back door. They stand up in the House, introduce a bill and put it through the legislative process.

In the past, changes to the Canada Labour Code have come about following discussions between employers and workers, not when an MP stands up to say that he has made the discovery of the century.

That being said, what makes me most angry is the fact that I cannot pretend I am surprised. Since its inception, the union movement has come under constant attack, and that is still happening today.

Worse still, the changes this bill proposes are a direct attack on our democratic rules because they would establish a separate system that applies only to unions. Let us take a closer look at the changes proposed in this work of genius, Bill C-525.

Two processes would be undermined: the certification and decertification of unions in workplaces under federal jurisdiction. For now, this applies only to workplaces under federal jurisdiction.

Let us start with the process of union certification. Normally, when employees in a workplace decide to organize in order to establish a union, they discuss things with their colleagues with a view to presenting the benefits of association when the time comes to negotiate working conditions, for example, or a first collective agreement. They then invite them to sign a membership card if the union's objectives are in line with their expectations.

The union then files an application for certification with the Canada Labour Relations Board. If the application fulfills the requirements of the Canada Labour Code and if 50% of the members have signed a card, the union is automatically certified.

However, there is a second possibility. If between 35% and 50% of the members have signed a card, the Canada Labour Relations Board organizes a vote of the employees to determine the future of the potential union. A majority vote means that a union organization can be formed in that workplace.

Now here is the low point of the evening, the appalling proposal in Bill C-525. First, for the Canada Labour Relations Board to hold a vote, it will now require a minimum of 45%, not 35%, of the workers in the company. It gets even worse. When the vote is held, a majority of the entire bargaining unit—not 50% + 1 of the members at the meeting—must vote for the creation of the union. In other words, all those who do not vote would be deemed to have voted against a union being formed. Now we are playing with people's heads and telling them what to think when they are absent. If this is not vote-rigging, I really wonder what it is.

For a moment, let us imagine that, in the 2011 federal election, we had counted the votes of everyone who did not get out to vote as a vote against the re-election of the Conservative government. I am sure that the Conservative ranks would be up in arms. However, in this case, since it is about organizing a union, to hell with democracy; let us go for it.

If that were not enough, the process works in reverse for decertifying a union. The new rules would require a majority of the members of the certified unit to vote in favour of keeping their union representation. They would also require that everyone who did not vote be deemed to have voted for revocation. That effectively means that we are forging the signatures of people who are not there.

The bill would also require that 55% of members vote in favour of union representation in order to prevent decertification. Clearly, the concept of 50% plus one is light years away from Conservative thinking. That might explain why this government has such a hard time taking a position on the Quebec issue.

To continue with my analogy, this new directive would mean that all those who did not vote during the last federal election in 2011 would be added to those who voted for an opposition party, and therefore the Conservative government would be required to clear the government benches. In other words, what is good for the goose is good for the gander, but that does not seem to be the case here.

I know very few MPs in the House who would be able to meet such pseudo-democratic standards under this approach. The purpose of Bill C-525 is to manipulate union elections and make it practically impossible for workers to form a union.

To add insult to injury, this attack comes in addition to the one in Bill C-377. That is the real story behind this anti-democratic bill that reflects a Conservative, even Republican, ideology that has nothing to do with Canadian and Quebec values.

This bill is also economically counterproductive because it helps widen the income inequality gap, accelerates the downward spiral of middle-class wages, and creates work environments fostering conflict between managers and workers.

Unions have always contributed to improving working conditions, wages, and health and safety standards, not just for unionized employees but also for all other workers, by extension. However, it is no secret that this government is resolutely anti-union.

I remember one of my first debate experiences in the House, when we were discussing the Canada Post dispute. With the support of the current government, Canada Post locked out its employees, but the government kept saying that the employees were striking.

If the government truly wanted to reflect greater neutrality when it comes to employer-employee relations, it could have proposed something much better. Unfortunately, I do not have enough time to expand on that.

In closing, the House can count on my presence to firmly oppose this bill. I urge all members of the House to review the bill very carefully and ask themselves whether this is the kind of democracy they want for our country. By the way, there are not multiple kinds of democracy—one for politics, one for unions and one for community organizations. The “Code Morin” and the 50% plus one rule exist for everyone, and the rules work.

While we await that day in October 2015 when Canadians will choose a new government, every worker in this country can count on the NDP to defend their interests. We are the only party that can embody the “working together” slogan, which so many people can identify with, and we embody it for the simple reason that it is part of our DNA in the NDP.

[Mark Adler, Conservative, York Centre, ON]

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

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

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

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

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

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

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

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

[Blaine Calkins, Conservative, Wetaskiwin, AB]

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

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

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

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

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

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

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

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

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

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

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

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

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

[The Acting Speaker, Conservative, Bruce Stanton]

Order. The time provided for debate has expired.

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

[Some hon. members]

Agreed.

No.

[The Acting Speaker, Conservative, Bruce Stanton]

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

[Some hon. members]

Yea.

[The Acting Speaker, Conservative, Bruce Stanton]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Acting Speaker, Conservative, Bruce Stanton]

In my opinion the yeas have it.

And five or more members having risen:

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