Bill C-330

An Act to amend the Canada Labour Code (successor rights and obligations — airports)

This enactment amends the Canada Labour Code to provide that an employer who is an airport authority or a provider of services to an airport authority and who replaces a previous contractor must observe the certification of the previous trade union and the terms and conditions of employment, rights and privileges of the employees of the previous contractor.

[Dan Janssen]

I would urge the government to do whatever it takes to help this group of workers.

As I said, Bill C-330 is there, if there's an avenue to get that passed through the House. If there's an avenue for the minister to step in and protect these workers, anything would help right now.

With 28 days' notice, they still don't know what's happening. These workers need some help.

[Dan Janssen]

Yes, I think the government should be working to fix the issue of contract flipping. It is unfortunate to hear about Bill C-330. That would go a long way to helping groups like TBH Services.

I will say, on section 47.3, that it was something our union advocated strongly for, for our CATSA security members. The language there has been used to help many other airport workers through contract retendering to provide them with equal remuneration and successorship rights, and also as part of section 189.

[Dan Janssen, General Chairperson, International Association of Machinists and Aerospace Workers - District 140]

I would like to thank this committee for the opportunity to share my experiences as an airport worker on the need for better protections for workers subject to the RFP or request for proposals procurement process, referred to as contract flipping, and the need for living wages in aviation.

My name is Dan Janssen, general chairperson with the International Association of Machinists and Aerospace Workers. The IAMAW represents 40,000 workers in Canada. Our airport members perform work at Air Canada, WestJet, Air Transat, Swissport, Menzies, and many other smaller service providers.

I'm a 24-year Air Canada employee, working below the wing. I got involved in my union after speaking up about safety issues at Toronto Pearson. I quickly realized that reporting safety issues and addressing them in a workplace as large as Pearson was very empowering.

I've been involved in the labour movement at Pearson for 13 years. I am a former co-leader of the Toronto airport workers council. I co-founded the Toronto Pearson worker health and safety forum, a groundbreaking workplace-wide safety committee. This safety model is being shared with other airports around the world by both the GTAA and the International Transport Workers' Federation. I've received an Eye on Safety award from the airport authority for improving safety culture, and I was involved with “$15 and fairness”, which helped 1.5 million workers when the Ontario minimum wage jumped to $14 per hour.

Aviation is a high union density sector, which has a positive effect on all workers, although workers employed by many service providers earn wages only slightly above or at minimum wage. Unionized workers enjoy the protections and values of having a contract in place. For non-union workers, wages may be comparable; however, some employers deduct the costs of benefits and parking, impacting their overall earnings.

One of my senior stewards, Francis, has worked for two decades at Pearson, providing wheelchair service to passengers. Because of contract flipping, he's had multiple employers and has had to start all over again each time the contract changed hands, except for the last time. That contract was awarded effective September 1, 2019, the same day successorship rights came into effect in the code. For the first time, Francis kept his 2015 seniority date and was able to make gains based on a portion of his previous experience.

There is a contract flip happening at Pearson right now. The GTAA has a tender out for baggage-handling work performed by IAMAW members at TBH services. This contract expires 28 days from today's date, on October 22, 2024, and there has been no confirmation about the successful bidder. Imagine not knowing whether, in 28 days, you will be working with your current employer or a new employer, or whether you will even have a job moving forward. TBH workers have expressed frustration with not knowing what will happen. Workers have literally broken down in my office due to the emotional toll the situation is causing.

The lack of a proper notice period is concerning and should be addressed by legislating that the RFP process provides no less than a 16-week requirement for notice of the successful bidder. This would align the timelines with the group termination provisions of the code.

MP Alexandre Boulerice's private member's bill, Bill C-330, would also be impactful. This would ensure that workers maintain the same collective agreement and union whether or not the employer changes. These protections should be enacted quickly by supporting this bill and passing it during the current session of the House. For TBH workers, whose bargaining agreement expires on October 31, Bill C-330 would provide peace of mind, knowing that their CBA is protected and their union will remain in place.

The GTAA released the Pearson standard in April 2023. Section 2.20.2 states:

Ensure that their employees have access to a safe working environment and earn a fair wage that allows them to afford adequate shelter, food, and other necessities.

Unfortunately, many service contract workers earning low wages struggle to afford the necessities.

The IAMAW is pushing for a living wage for all airport workers. A change.org living wage petition started by an IAMAW representative has nearly 9,900 signatures. I have an active House of Commons petition, e-5050, calling for an airport living wage. It is my understanding that the GTAA is lobbying the labour program and Transport Canada for an airport minimum wage. Airport workers deserve fair wages. Their work is essential to the safe operation of Canada's aviation transportation sector. They deserve a better minimum standard.

In conclusion, I am seeking help for my co-workers. Bill C-330 could pass in this session of the House. Legislation for an RFP notice period should align with the group termination provisions, and the minimum standard should be no less than living wages for all airport workers.

Thank you.

Canada Labour Code

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

moved for leave to introduce Bill C-330, An Act to amend the Canada Labour Code (successor rights and obligations — airports).

Mr. Speaker, I am very honoured to introduce this bill under Private Members' Business to close a loophole in the Canada Labour Code that annuls existing labour contracts or collective agreements when there is a change of employer for subcontractors working at Canadian airports.

This is an anomaly in our Canada Labour Code that causes these workers to go back to square one every time. Over the past few years, we have seen how this has led to disastrous results. Negotiations have to start over so the workers can get acceptable working conditions.

Over the years, these employees have suffered setbacks in terms of their salaries, working conditions and the benefits they had. That is no way to ensure good labour relations in Quebec and Canada. This is not how things work in the whole of the private sector in this country, except for people who work at airports.

This bill will attempt to fix this flaw by ensuring that these workers have the same rights as everyone else in this country. I encourage all parliamentarians to pay special attention to this and ensure that everyone has the same labour rights in Canada.

(Motions deemed adopted, bill read the first time and printed)