My name is Mark Hancock.
Thank you to the chair, and thank you for allowing me to make this presentation to you today.
CUPE represents 800,000 workers across Canada, including over 35,000 in federally regulated industries such as those of airlines, ports and telecommunications.
I'm here today with a simple message on behalf of our members from all across Canada. CUPE will fight any attempt to undermine our right to strike. While there are some positive measures in this bill, including first contract arbitration and successor rights at airports, unfortunately, the good news ends there.
The thing is that we are on board with the goal of ensuring well-paying union jobs in a stable economy. To achieve this goal, we need an industrial policy that puts workers first, not omnibus bills that completely undermine environmental, indigenous and workers' rights.
Previous governments that tried to end lawful strikes at least had the courage to introduce back-to-work legislation. They faced questions from the opposition, and those debates at least had the veneer of parliamentary oversight. Instead, this government has used section 107 time and time again to end perfectly legal strikes with no parliamentary oversight.
Instead of doing the right thing and repealing section 107, Bill C-39 further cements the ability of a minister to end legal strikes. Ministers are trying to tell you that they're putting guardrails around the power that they think they have, but we have never believed that they could use section 107 to end a legal strike. Neither did previous labour ministers, and that's why we're before the courts.
Under Bill C-39, the right to strike will only exist in the abstract, because a right that can be taken away the moment it's exercised is not a right at all. It takes away the most significant leverage workers have at a bargaining table, where the power is already stacked in favour of some Canada's richest and most powerful employers.
If you want to look into a crystal ball and see the future for this bill, look at a recent decision in Quebec. The Quebec administrative labour tribunal found that Quebec's Bill 14, which established similar powers for government intervention, violated the right to freedom of association. The tribunal said these powers undermined the balance of power between workers and employers and declared them constitutionally inoperative. In other words, the federal government is in the process of making a mistake that Quebec is already undoing. The warning couldn't be clearer.
Here's the bottom line: Free and fair collective bargaining works because both sides have something at stake, but when employers know the government is going to bail them out, why would they put their best offer forward? Bill C-39 doesn't encourage employers to bargain. It encourages them to lowball workers and wait for the minister to do their dirty work.
I won't ask you to take my word for it. Last summer, Air Canada CEO Michael Rousseau told the world on national television that his company didn't prepare for a strike because they expected the federal government to bail them out. When the government ordered our members back to work, our brave members defied that order. When the employer understood that we would not allow our rights to be trampled on, they finally got serious at the bargaining table, and we reached an agreement.
It should have been clear to the government then that it was government interference that undermined collective bargaining and emboldened the employer. Instead of learning from this mistake, this government is determined to cement it into law. This will not bring labour peace. This is a recipe for more disasters.
Mr. Chair, the Prime Minister won a mandate to stand up to Donald Trump. He did not win a mandate to weaken workers' rights to please investors on Bay Street. These rights are foundational to Canada and to who we are as Canadians. We cannot build Canada strong by weakening Canada's foundation. Workers are team Canada. That's why CUPE will continue to insist that section 107 be repealed from this bill.
Thank you.
