Bill C-4 (Historical)

An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act

This enactment amends the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act to restore the procedures for the certification and the revocation of certification of bargaining agents that existed before June 16, 2015.
It also amends the Income Tax Act to remove from that Act the requirement that labour organizations and labour trusts provide annually to the Minister of National Revenue certain information returns containing specific information that would be made available to the public.

Canada Labour Code

[Brian Masse, NDP, Windsor West, ON]

Madam Speaker, no, I do not have that with the unions, but I do consult, just like I consult with industry, on a regular basis when an issue comes up that is related to them.

I would remind the member that Ryan Cleary ran as a Conservative candidate in the last election and failed.

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

Madam Speaker, I really liked my colleague's comments, especially those about the Board of Internal Economy. However, my question is about another matter. My colleague spoke quite a bit about the social justice efforts of the big union bosses, but I would like to go back to the democratic aspect that he also touched on.

At a meeting of several union representatives of my labour union, the treasurer put forward a budget that would increase union dues. I am not referring to my local, but to the national union. The members voted against that budget. The executive then withdrew, but came back half an hour later with another budget, which was approved. I find that this process is very democratic.

Has my colleague been in similar situations involving big union bosses?

[Brian Masse, NDP, Windsor West, ON]

It is, Madam Speaker, and that is what takes place. There are those opportunities to do those types of double-checks within their own system and determine what they feel is appropriate as members to participate in the activity that the unions choose.

Nobody likes to have money taken off their paycheque, but for a long time a lot of union members have known this practice and have participated in it. They have ensured that the money is spent in accountable ways. The membership, again, has the opportunity to see the books whenever it wants. That is an open, accountable system. Members also get a chance to vote on their leadership and on their collective bargaining agreements to decide whether it is appropriate. They have plenty of opportunities in those elements.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Madam Speaker, it was encouraging to hear the member speak about getting union money out of politics as a positive thing. Of course, he knows that union money is not completely out of politics. In fact, it plays a major role not only at the provincial level, but also at the federal level in terms of pre-writ advertising.

Is the member supportive, broadly speaking, of preventing mandatory dues from being diverted to fund political causes unrelated to workplace needs?

[Brian Masse, NDP, Windsor West, ON]

Madam Speaker, our skate and family day was a free event for the constituents, during which two bikes, a boy's and a girl's, worth $200 were donated as was food for the food bank. CUPE Local 82 members volunteered their time for this event, which was greatly supported. I encourage more members to partner to make these things happen. Union involvement with charities across the country is significant.

The member knows that they have an opportunity to change their dues as mentioned in a previous question. Perhaps he was listening.

[Wayne Long, Liberal, Saint John—Rothesay, NB]

Madam Speaker, thank you for letting me have the opportunity to speak today. This is the first time I have risen to speak in debate. I first want to thank voters in my riding of Saint John—Rothesay for electing me. They elected me with a very strong mandate, almost 50% of the vote. I certainly want to acknowledge and thank the great MPs who ran and served in my riding before me: Rodney Weston, Paul Zed, Elsie Wayne, Gerry Merrithew, to name a few. This is a matter of note too. I am the third Liberal MP to serve in Saint John—Rothesay in the riding's history, so I am very honoured by that.

I also want to thank my great campaign team and my campaign managers, Warren Coombs and Warren Long, for their leadership in helping me along the way; and I certainly want to thank my constituents very much.

I was elected on a mandate to stand up for Canada's marginalized and middle class. The past 10 years of the Conservatives' attempts to degrade, demoralize, and dismantle unions cannot continue. That is what Bill C-4 begins to do.

I would like to begin my speech today by highlighting the proud history of unions in my riding of Saint John—Rothesay. We are the first incorporated city in Canada. I am tremendously proud to represent Saint John—Rothesay in the House.

In 1851, believe it or not, Saint John stood as the third largest city in British North America, with a population of 31,000. Saint John was led by the hands of merchants, financiers, railroad men, and most importantly and significantly, shipbuilders, envisioning a prosperous economic centre. At this time, business in our great city flourished, pioneered by the shipbuilding and rail community. Saint John was a stronghold for trade unions. With united and well-represented tradespeople, Saint John was a perfect example of how unions can positively contribute to our communities. Let us not forget that it was unions that built the middle class of our country. It is unions that protect the workers. It is also the Liberal Party of Canada that is standing up for the middle class.

Saint John was a perfect example of how unions can positively contribute to our communities. As a cornerstone of business, unions created a strong and vibrant middle class that built an unrivalled shipbuilding and trade hub for Saint John.

As Saint John proved that the strength of our economy relies on the middle class, bills like Bill C-377 and C-525, and the proposed amendment from across the floor, weaken the labour movement and hold back Canadian potential. The bills must be repealed.

In 2016, unions continue to play a vital role in my riding's economy. I stand up for, and will continue to stand up for, local unions such as our local firefighters union, police union, IBEW, the Public Service Alliance, and many more. We are a union city. That is exactly what Bill C-4 does. It stands up for unions, Canadian workers, and most importantly, Canada's middle class. It is why I whole-heartedly disagree with the amendment presented by the member for Louis-Saint-Laurent, and I stand with the government in supporting Bill C-4 as currently written.

Bill C-4 should be supported by all members, without the proposed amendment, for two reasons. Bill C-377 creates unnecessary red tape for unions. Bill C-525 was supported without evidence, and neither unions nor employers wanted it. The amendment only seeks to undermine the purpose of Bill C-4, by pitting employers against employees.

At the time, the Conservative government claimed Bill C-377 was in large part justifiable due to the complaints received from union members. Let us be clear. These complaints represented 0.0002% of the over 4 million union members in Canada, while pre-existing legislation from both provincial and federal governments already required unions to issue financial reports and make them available to members.

This did two things. It created a massive unnecessary administrative burden as well as put unions at a major disadvantage during collective bargaining, making it more difficult for unions to influence the Canadian labour landscape. That is not what this government is about. In fact, it was the right hon. member for Calgary Heritage who stated in January of 2011: “Cutting red tape is a most effective way to show that we are making government work for people, not the other way around.”

The opposition could not justify support for Bill C-377 then, and it cannot justify it with these proposed amendments.

The amendment presented before the House speaks specifically to Bill C-525 and the certification and decertification of unions. This amendment seeks to oppose the exact goal of this bill. It cites legislation that was baseless and without evidence in 2014 and continues to be so in 2016. Bill C-525 was presented on the basis of consultations with labour unions and employers. However, neither employers nor unions sought out these changes or identified a single problem in the process in relation to this amendment.

Opposing this amendment upholds the commitment of our government to building evidence-based policy. If the Conservatives ever looked at considering the evidence, they would have found that their so-called mountain of complaints, which is how it was described at the time, was a whopping six complaints out of 4,000 decisions the Canada Industrial Relations Board made in the past 10 years. Although I am not a member from British Columbia, six out of 4,000 does not seem to be a very big mountain.

This amendment states:

...the bill violates a fundamental principle of democracy by abolishing the provision that the certification and decertification of a bargaining agent must be achieved by a secret ballot vote-based majority.

In fact, it does the complete opposite.

This amendment promotes a system that unions in Saint John—Rothesay and across the country agree has not been working well.

Bill C-525 eliminated card-check certification and added an unnecessary second step for certification. It has become an invitation for employers to interfere with the democratic right of workers to choose representation. Amendments made to this bill in 2014, went even further on the Conservatives' assault of democracy and the attack on unions by further lowering the threshold for decertification applications to reach a vote. It undermines collective bargaining and, to be clear, the Canadian labour movement.

I would like to clarify what the secret ballot vote-based majority discussed in the amendment actually means. It requires any organization seeking certification as a bargaining agent to enter into mandatory voting and replaces the card check system whereby employees voice their willingness to form a union by signing a union card. In the system imposed by Bill C-525, unions require support from 50% of all employees instead of 50% of the employees who voted. If we were to apply this same logic to the 2011 election, which elected the previous Conservative government, it would have received only 23.6% of the vote, not even half of what is now required to form a union.

Numerous unions from my riding have voiced their opposition to Bill C-525, arguing that the card-check certification model is quicker, more efficient, and more likely to be free of interference.

In conclusion, as the member of Parliament from a community with a proven union track record, I unequivocally support Bill C-4 without the presented amendments. This amendment is just like Bill C-525, which is a complete assault on unions and especially employees. It has created a diluted form of democracy that gives employers too much influence over the creation of a union, and attempts to fix a problem that never existed, and is based on evidence never existed.

I am standing up for unions, and for the unions in Saint John—Rothesay, by saying no to this amendment and yes to evidence-based policies.

In closing, I would like to thank union leaders like Dave Stevens, Peter Anderson, Abel Leblanc, Pat Riley, Chuck Hickey, Darlene Bambridge, Debbie Ferguson, and other great people in the riding of Saint John—Rothesay, for taking a leadership position and helping unions grow in Saint John—Rothesay.

[John Barlow, Conservative, Foothills, AB]

Madam Speaker, I found a couple of things the member said interesting. He had time to thank union leaders, but I did not hear him thank any union members in his riding. It might also be important to speak to them before he supports Bill C-4.

We heard a lot from the member's Liberal colleagues today that for some reason a private member's bill is illegitimate, that it does not really mean anything, that if it does not come from a minister or if it is not a government bill then it really has no weight. I am curious. As a backbencher and a new member of Parliament himself, does he agree with the statement that you have no voice and you will likely not have a private member's bill because your party does not believe in them?

[The Assistant Deputy Speaker, Carol Hughes]

I just want to remind the member that you are to address the chair, and I do have a voice.

The hon. member for Saint John—Rothesay.

[Wayne Long, Liberal, Saint John—Rothesay, NB]

Madam Speaker, I am a backbencher and I am new to politics. I certainly believe that everybody has a voice and everybody should have a say in what happens.

I did mention that there are a lot of union leaders in Saint John—Rothesay, but a lot of my good friends are hard-working union members. Whether union leadership or union members, it was pretty much unanimous that Bill C-525 and Bill C-377 were not popular in unions. They were designed as bills that were detrimental to unions. That is why a lot of people in Saint John—Rothesay supported me.

[Charlie Angus, NDP, Timmins—James Bay, ON]

Madam Speaker, it is interesting today to watch our Conservative colleagues suddenly showing their great love for unions. Over the last eight years I have just heard ridicule and attacks on organized labour from that lot. To suggest that they are friends of unions is almost as ridiculous as saying that their legislation always met the standards of the Constitution. This was legislation that was brought in by Peter MacKay, the former justice minister, who had more recalls than the Ford Pinto.

The Conservatives believe that they can use the House and legislation to ignore the Constitution, to override privacy rights, to ignore provincial legislation just so they can get at their political enemies, the big straw men that they have created: the big Indian chiefs; the big, bad union bosses; radical environmentalists. We hear the trioka of blither from them consistently about their straw enemies. The fact that they would use legislation that is not charter-compliant in an attempt to attack their enemies actually debases the House. Whether the new government ended the legislation or it was ended in the courts, it would still be ended one way or the other, just like so much of the legislation that they brought in, which they knew was not charter-compliant, which they knew overstepped their bounds and debased the role of Parliament, which is to create credible legislation.

What does my colleague think is in the pathology of the Conservatives' minds that makes them believe they can ignore these clear jurisdictional divides that are supposed to keep government in check?

[Wayne Long, Liberal, Saint John—Rothesay, NB]

Madam Speaker, I am new to politics. I grew up in a non-union house. My dad's whole career was with a local lumber company in Saint John that was not unionized. I learned first-hand and learned from going door to door that unions are good for the economy, they are good to grow the middle class, and they are there to protect workers.

With respect to the statements by members opposite about the party opposite, I am not sure where the attack on unionized workers started and where it ended, or whether it evolved over 10 years. Whether the party opposite agrees with that or not, that was a fact. I heard time and time again, at door after door, from union workers who told me that the Conservative government was out to get them. I learned growing up that perception can be reality at times, and there was a perception across Canada that the Conservative government was anti-union, and that is something those members are going to have to live with. They saw the results of that in the election.

[John Brassard, Conservative, Barrie—Innisfil, ON]

Madam Speaker, I have been struggling to find some rational reason why the Liberals have decided to introduce Bill C-4 to repeal Bill C-377 and Bill C-525 without any chance of allowing both bills to be tested over time.

I was a proud member of the International Association of Firefighters prior to being elected to this chamber. I started my union involvement early in my career, becoming an executive officer and secretary of our association. After a period of raising our children, I became president of our local for three years. I contributed to our provincial and international association, lobbying on behalf of firefighters and their families with all levels of government.

Our association talked about our issues to those in office and we were appreciative of the time they gave us. We hoped our talks with politicians would be in the backs of their minds when the issues came up, not just in caucus, but around the cabinet table. Political action at the time was more about education than it was about influence. There was no political action funding, no well to draw from, and it was simply a matter of working hard to have our issues understood.

As an association, we strove for better understanding and better agreements for our members. Our members came first. Now, as a member of the House, my focus does not differ. I serve in the House for the best interests of my constituents, many of whom are union members.

Last year, a Forum Research poll showed 62% of Canadians approved of Bill C-377, while only 18% disapproved of it. I am assuming that many who were asked are also union members. The survey also revealed an appetite for even greater transparency with 78% of those surveyed saying they would like to see the bill expanded to include employer groups like the Canadian Federation of Independent Business and the Canadian Association of Petroleum Producers.

The labour strategy has evolved. We realize that we can actually influence the decision makers beyond just education. We can actually help candidates and now parties win campaigns.

By funding campaigns with targeted political action funding, we were having an impact. When we started, there was little accounting of how much our union dues were being used for this activity. However, as the request for more direct funding was made, we were able to account for just how much funding was being directed to a political activity and it was quite a lot of money. With the ability to finance massive negative advertising campaigns against a candidate or party, a union's influence has increased exponentially in the modern political age.

Political action funding targeted directly to influence election campaigns is widespread and whether this type of engagement is ratified by the membership at large has become inconsequential.

Prior to Bill C-377, there was virtually no accounting of how much of our union dues were being used for this type of blatantly partisan political activity. To see the effect PAC funding has had, one only has to look back some 15 years in Ontario to see why this is happening now more than ever. As partners of the Liberal government in Ontario, unions have had their way with the government because the borrower is always servant to the lender. They have had the Liberal government's ear and have influenced a vast array of policies and yes, even the outcome of elections in spite of the fact that many union members do not agree with what party that money is supporting.

The union spend over the airwaves in the 2014 Ontario election should make any member of the House and members from legislatures and assemblies from coast to coast to coast blush and take notice.

Members of the House, legislatures, assemblies, and in fact unions across Canada should also heed a strong warning and look at the problems that support for a Liberal government has had on its union members in Ontario.

Failed government policies have resulted in plant closures and lost jobs, lower wages and benefits, and have caused many job and wealth creators to leave the province. Failed government policy has also resulted in choking debt and deficits. That has impacted union members in Ontario with cuts in health services and has impacted their quality of life.

I would humbly suggest that the biggest threat to the union movement and its workers in this country is not Bill C-377, but rather bad government policies. It appears that the federal Liberal government is on the same path as Ontario.

The repealing of Bill C-377 is nothing more than payback for the help the Liberals received this fall. Bill C-377 sought to establish mechanisms of transparency and accountability. I have heard the arguments against it, but the question is a simple one: What is wrong with being transparent and accountable?

A good friend of mine and former member of the House once told me that there is no monopoly on a good idea. The need for transparency in our institutions should be universally accepted in the House no matter which team we play for. Transparency is a good idea and it needs to continue to be one of the hallmarks of our Canadian democracy. It should be about what is good for all workers, and that includes trade unions. Canadian taxpayers accord individual union members deductions to support their unions under the Income Tax Act, that same deduction I benefited from as a union member for 30 and a half years.

What is wrong with transparency and disclosure? I suggest the only thing wrong with transparency and disclosure is if there is something to hide. During the election, because I was a candidate for a party that brought in Bill C-377, I heard from many fellow union members, who had been hearing from their executive and leadership how bad Bill C-377 was for labour. When I asked the members of my union and others I ran into at the door what was so bad about it, the only answer they could come up with was that it was intended to bust unions.

Nothing could be further from the truth. Laws similar to the one brought in by the previous government exist in other countries and the union movement in those countries has not been busted. Repealing Bill C-377 does not promote an open and transparent system. Quite the contrary, it puts unions and union leaders back in the shadows, keeps memberships in the dark, and does not follow the principles of our democracy.

On the issue of Bill C-525, union certification and decertification votes can be highly charged political events that can cause union members to be intimidated by a process that exposes one's views. It can cause stress and fracture relationships. Why should they not be held in secret ballots and why should someone not have the right to keep their views tightly held to them, and them alone? Bill C-525 eliminated coercion, removed intimidation, and mirrored the right of every Canadian who casts a ballot to be entitled to cast their votes in secret and to vote with their conscience.

On February 3, 2016, my colleague from Louis-Saint-Laurent asked a question in the House of the Minister of Employment, Workforce Development and Labour and she responded on behalf of the Liberal government. He asked, “Yesterday the Prime Minister said, in answering a question I asked him, that Bill C-525 is undemocratic. Can the minister explain to this House how it could be undemocratic to have a secret-ballot vote?”

Her answer to the chamber was, “it is undemocratic because the process used by the previous government did not include consultation. They did not go out into our community and apparently did not even consult with employers.”

How much consultation has the government held on repealing these acts other than to meet with those writing big cheques to the Liberal Party caucus? How much consideration is being given to allow fairly recent legislation to take root?

The U.S. passed a union transparency law in 1959, the labour-management reporting and disclosure act, or, as it was better known at the time, the union members' bill of rights. The act was intended to protect and promote democratic processes and democratic rights of union members, including the freedom to vote at meetings, to express any argument or opinions, and to voice views upon union candidates and union business. The legislation stood the test of time for nearly 40 years, before Congress made some amendments to modernize it.

The bill before the House today is not sound legislation. It is more about paying back political favours and less about the strength of unions in this country. It is not in the best interests of Canadians, and I urge all members of the House to see it for what it is and reject it as a step backward.

[Rodger Cuzner, Liberal, Parliamentary Secretary to the Minister of Employment]

Mr. Speaker, I appreciate the presentation by my colleague. Much of it focused on openness, transparency, and disclosure. He posed the rhetorical question of why the government would be against openness and transparency and, of course, it is not. This bill has nothing to do with openness and transparency.

Liberals put forward an amendment. If this was not an attack on labour, if this was about openness and transparency, if it is a good thing, it should be good for them. Everybody benefits from a tax deduction of dues paid, such as professional organizations, lawyers, doctors, chambers of commerce, CFIB members. They are all tax-deductible.

However, the member's Conservative government voted against that amendment, against openness and transparency. How can he square that with the whole charade about openness and transparency when it was only unions that would fall under this legislation?

[John Brassard, Conservative, Barrie—Innisfil, ON]

Mr. Speaker, with respect, one does not have to be a member of those organizations. If there is a unionized workplace, one has to be a member of that unionized workplace. Therefore, I would suggest that there is no way that the current government is open and transparent when it looks at repealing the bill right off the bat. There is no way the Liberals are like that.

[Erin Weir, NDP, Regina—Lewvan, SK]

Mr. Speaker, the member for Barrie—Innisfil started out by quoting a polling, suggesting that most people supported Bill C-377 and in fact wanted it extended to employer organizations. I could ask the hon. member who paid for that polling, but instead, if for argument's sake we accept that is true, then why did the former Conservative government not apply Bill C-377 to these employer organizations?

The answer we seem to be getting from the Conservatives is that those organizations are voluntary and only unions are mandatory. However, if one wants to work as a doctor, one has to join the Medical Association and has to pay dues. Those dues are tax-deductible, just like a union. If one wants to practise as a lawyer, one has to join the Bar Association and has to pay dues to the Bar Association. Those dues are tax-deductible.

I want to give the member for Barrie—Innisfil another chance to answer the question of why Bill C-377 was only imposed on trade unions.