Thank you.
At the outset, I want to make it clear that the changes in Bill C-4 to the Public Service Labour Relations Act were introduced without any consultation whatsoever with labour, and this, quite frankly, is unprecedented.
The government ignored the broad consultation that normally takes place when changes to labour law are being considered. For example, the 2003 Public Service Modernization Act was only introduced after almost three years of discussion and studies involving stakeholders, the Public Service Staff Relations Board, and the academics.
This time the government developed its plans in secret, behind closed doors. Right after the throne speech I contacted the Treasury Board president's office. They said it was premature to bring in changes. Then without another word, the government deliberately included the changes in a budget bill so that they could be fast-tracked without the discussion and open debate they deserve.
Minister Clement and his colleagues may be pleased with what they see as another blow to the labour movement, but these changes will have a very direct impact on their employees. The changes send a strong message to public service workers that their employer doesn't respect their work and the services they provide to this country.
Bill C-4 essentially ignores the fundamental principles of freedom and association and the right to strike. It rewrites the rules that affect bargaining, the choice of dispute resolution, essential services designation, and arbitration. The entire framework of the current Public Service Labour Relations Act is based on, “a commitment from the employer and the bargaining agents to mutual respect in harmonious relations”. It also recognizes that collaboration and consultation are “a cornerstone of good human resources management”.
Bill C-4 makes it plain that this government isn't interested in mutual respect or harmonious relations.
Our written submission contains details of many of our concerns. Today I'll talk about just a few of the key concerns.
First, concerning the designation of essential services, our union believes that during a strike, services should be maintained at a level that ensures there is no possible danger to the safety and security of the Canadian public. As an example, PSAC members were on strike the morning of September 11, 2001. We brought our picket lines down immediately and our members returned to work quickly and without question.
PSAC has worked with the employer to ensure that the safety and security of the public would never be compromised should a strike take place. In fact, we've agreed to thousands of positions being deemed essential. We take balancing the interests of the public, our members, and the employer very seriously. But apparently that's not good enough.
Bill C-4 gives the government the power to unilaterally decide who is essential and what services are essential. Employees declared essential can be asked to perform all of their duties, not just those that are essential, and to be available 24/7 to perform them should a strike take place. The right of the employees' union to challenge the government's opinion about what is essential before an independent labour board has been removed. It has been removed even though the current law and jurisprudence require the labour board to err on the side of the safety and security of the public. Balance and fairness are gone. The government can behave unreasonably and it can't be held accountable because there is no avenue for appeal.
Legal experts have said that a union's right to choose arbitration creates a level playing field because it balances Parliament's ability to legislate an end to a strike and order arbitration. Bill C-4 takes away the right to choose arbitration. Now it will only be available if the employer agrees, or where the employer has designated 80% of the bargaining unit as essential.
It's not hard to imagine a government using its new powers to designate just under 80% of a unit. This leaves the remaining workers with a limited ability to strike, and then they can't choose arbitration.