Thank you very much, Mr. Chairman.
Thank you to the committee for having me here today.
My name is Sean Strickland. I'm the executive director of Canada's Building Trades Unions. CBTU is the national voice for more than 500,000 skilled trades workers across Canada. Our 14 affiliated unions represent workers in more than 60 construction trades and occupations.
While most of our members do not work in federally regulated workplaces, we do welcome some important changes to the Canada Labour Code that are contemplated in this bill.
We called for and support stronger action on wage theft and worker misclassification, better protection when contracts change hands, more help for workers trying to get their first collective agreement, and faster grievance arbitration. We do, however, have some concerns.
First, we have concerns about the proposed changes to how workers are grouped for collective bargaining. Under the current law, a union or a council of unions can apply to establish a single geographic bargaining unit, covering employees at two or more employers. Bill C-39 would amend section 34 to expand that process, allowing the minister of labour, the board itself or even employers to initiate this even when no union has applied. We can't support giving employers a role in deciding how workers organize themselves. That decision belongs to workers and their unions, not to employers or the government.
We also have concerns with proposed changes to section 107 of the Canada Labour Code. As part of the government's consultation process, we were clear that we stand with the broader labour movement in calling for section 107 to be repealed. Since that is not the path the government seems ready to take, we also offered an alternative proposal in our submission. We call for more time for bargaining, cooling-off periods, clear rules around worker misclassification, and a mediator.
However, the process needs to be stronger, with clearer limits on when the minister can intervene. The mediator needs to be independent. Both sides should agree on a mediator chosen from a roster they have agreed on in advance. If they can't agree to the mediator within five days, the CIRB should appoint someone from that same roster. If the minister disagrees with the mediator's advice on their review of the collective bargaining process and the minister decides to intervene, the minister should have to table written reasons in the House of Commons. Otherwise, instead of creating guardrails, the proposed process could ultimately be used by a minister as a justification to end a legal strike or lockout.
In our submission, we also said that the national interest needs to be clearly defined, with clear limits on when the government can intervene. CBTU believes the minister should be able to end a work stoppage in only two circumstances. The first is if there is a significant and imminent threat to public health, public safety or public security that cannot reasonably be dealt with without government intervention. The second is if there is a truly exceptional circumstance, and a negotiated settlement is not reasonably possible within a reasonable period.
Even when one of these conditions is met, intervention should be a last resort. The government should use the least intrusive measure to find a resolution. If workers are ordered back to work, the government must ensure a fair process to resolve outstanding issues. The goal should still be a negotiated agreement, not to automatically send the dispute to binding arbitration. Ending a work stoppage is not the same as reaching an agreement.
The bill clearly does not abolish the right to strike, but it does lay out under what conditions the government can limit that right and intervene to end a legal strike or lockout. This could affect 1.4 million workers in federally regulated industries. That is why CBTU is focused on the process and on putting genuine limits on a minister's power. Even though most construction workers will not be directly affected by the changes in Bill C-39, we know that changes at the federal level can influence how provinces approach their own labour laws.
Bill C-39 is a big bill. There are parts that we were happy to see, including some important steps toward getting more major projects moving in Canada. The government's one project, one review approach can help reduce delays, give investors more certainty and get projects built faster.
We welcome measures to improve transportation project coordination, expand trade corridors, modernize port governance and strengthen supply chains. These changes will help create more good-paying, unionized jobs and more opportunities for apprentices to learn a trade as we build the infrastructure Canada needs.
Mr. Chair, in closing, CBTU supports important parts of Bill C-39 that will get major projects moving, create good union jobs and strengthen protections for workers, subject to indigenous-provincial-territorial consultations.
We ask this committee to preserve those gains while making the necessary changes to protect meaningful collective bargaining, the right to strike and the right to organize.
Thank you, and I welcome your questions.