Mr. Speaker, it is always an honour to rise and speak in this House.
The purpose of Bill C‑58 is to support free and fair collective bargaining. If passed, it will help restore and maintain the balance of power between unions and employers during strikes or lockouts. According to the unions, employers are in a position of strength in labour disputes. We therefore need to ensure that each side can have equal strength when they go to the bargaining table.
Workers have rights. I think that everyone agrees on that. They have the right to organize, to bargain collectively and to go on strike. Striking is the tool they use to put pressure on the employer, but when they go on strike, they have to make sacrifices. They sacrifice their pay, their benefits, their day-to-day security.
I will be splitting my time with the member of Parliament for Labrador, who is a long-time friend and colleague, with whom I sit on the natural resources committee.
With regard to employers, the sacrifices they make during a lockout are not always comparable to those of striking workers. Before introducing Bill C‑58, we did our job. Among other things, we held consultations with all stakeholders, including employers and unions. The unions told us about the shift in the balance of power during a strike or lockout. Restoring balance is a key element for them.
According to what the unions we met with told us, employers always have the upper hand in the negotiations because they have a lot more financial power than the workers. They explained to us that when employers use replacement workers, it creates an even greater imbalance. It weakens the workers' main pressure tactic, which is to deprive the company of its workforce.
Some have even argued that employers could use the replacement workers to avoid making compromises. For unions, this shift in the balance of power makes the bargaining process more difficult and makes strikes and lockouts last even longer
Workers who are not being paid do not feel as though they are on a level playing field with their employer, who has the means to pay workers to keep the business running. Unions feel as though both sides are not equally motivated to negotiate and come to an agreement. Employees do not think it is fair or equitable when an employer replaces a worker who is on strike. That can also impact what is happening at the bargaining table and have a very negative impact on labour relations. What is more, it increases the risk of violence on the picket lines. We have often seen that in the past. Workers get frustrated and tensions rise. It puts everyone's safety at risk, including that of replacement workers.
What the unions are telling us is the truth. These things have happened. Take, for example, the lockout of unionized employees at the Co-op Refinery in Regina in 2019. The company spent millions of dollars building a camp that it filled with scabs from outside the province. It had so much financial power that it was able to bring replacement workers in by helicopter so that they could get across the picket lines.
The company hoped that the unionized workers who were locked out would give up their pensions. The conflict lasted 200 days and was marked by blockades, arrests and even a bomb threat. Is there a better example to illustrate how imbalanced the power relationship between unions and employers can sometimes be and how much damage that can cause?
The point is clear: Resorting to replacement workers diverts attention away from the bargaining table. It prolongs disputes, and it can poison workplaces for years, if not decades.
We are banning the use of replacement workers because we believe in balanced collective bargaining, free and fair collective bargaining. How would Bill C-58 restore that balance?
This bill would encourage unions and employers to resolve their differences as they should—together, on an equal footing at the bargaining table. In other words, it brings the focus back to the bargaining table. That is where this has to happen, because that is where the best deals are made. We are going to do this by ensuring that employers can no longer get others to do the work of striking or locked out workers. I am talking about employees and managers hired after notice to bargain has been served. Contractors, regardless of when they were hired, would also be prohibited from doing the work of striking or locked out employees.
Now, as in all things, there are exceptions. Employers could use replacement workers to prevent threats to life, health or safety; to prevent destruction of or serious damage to the employer's property or premises; or to prevent serious environmental damage affecting the property or premises. Any violation of the rules would be considered an unfair labour practice under the Canada Labour Code.
I will spare the House the details of the complaint process, but it should be noted that it would be handled by the Canada Industrial Relations Board, or CIRB.
Bill C‑58 also provides for improvements to the process for the maintenance of activities. To prevent serious danger to the public, employers and unions should agree at the beginning of the bargaining process on what activities are to be maintained during a strike or lockout. The parties will have to come to an agreement within 15 days of the start of the negotiations, before they can issue 72-hour notices of their intention to strike or impose a lockout. If there is no agreement, it will be up to the CIRB to make a decision within 90 days. If no agreement or decision can be reached, there will be no strike or lockout.
I talked about what the unions told us during our consultations. As I mentioned, however, we consulted all the parties involved. We reached this point today because we worked in a spirit of tripartite collaboration. Together, the government, the unions and employers all sat down at the same table. We had open, honest and direct discussions. We worked freely and fairly, which is exactly what we want for the future of labour relations in Canada.
Bill C‑58 will unquestionably improve labour relations, protect the right of workers to strike, limit collective bargaining interruptions and ensure greater stability for Canadians during disputes in federally regulated industries.
Bill C-58 will lead to free and fair collective bargaining at all times.
