Good morning. Thank you for the invitation to appear before you on Bill C-86.
My name is Phil Benson, lobbyist, Teamsters Canada. With me is Stéphane Lacoste, general counsel, Teamsters Canada.
Teamsters Canada is the largest private sector union representing workers in air, rail, road, bus, couriers and more, in the federal jurisdiction.
I will be briefly addressing the proposed amendments to part III of the Canada Labour Code and Mr. Lacoste will discuss the pay equity act.
Teamsters Canada supports the Canadian Labour Congress presentation and our written submission will follow. The proposed amendments to the Canada Labour Code were a long time coming and we congratulate the government on moving forward. It is a step in the right direction.
The most important change for Teamsters Canada is dealing with contract flipping. The new section 189 will reduce the ability of companies presenting low bids on federal contracts, based on reducing workers' benefits and entitlements under the code, rather than bringing their managerial expertise to improve efficiencies. The proposed changes will not fully address the problems faced by unionized workers at airports, where contract flipping affects bargaining rights, compensation and terms and conditions of employment. Teamsters Canada was very pleased when Minister Hajdu announced the government will move forward with regulations, under part I of the code, to address this problem. Teamsters Canada will participate in all consultations on the regulations and we encourage the government to move quickly in bringing them forward.
Misclassification of employees by employers removes workers from the protection of the code and also creates an uneven playing field for companies. The prohibition and reverse onus on employers provided by proposed section 167.1 will enhance existing legislation jurisprudence. This is an issue especially important in trucking and Teamsters Canada welcomes the change.
Proposed section 173.01 provides some scheduling protection for non-union workers. It is not applicable to unionized workers and even if it were, it would not be applicable to unionized workers falling under Transport Canada power to regulate hours of service in air, rail and road. Fatigue is both a public and a health and safety issue for workers. The Transportation Safety Board placed fatigue on the transportation watch-list.
Teamsters Canada demands that all workers in federal jurisdiction enjoy the full protection of the Canada Labour Code and that the Department of Labour fulfill its mandate to protect transportation workers. Transportation workers work long hours and a major irritant is when a workday is extended, forcing them to work instead of attending family responsibilities, which is a common practice for couriers. Notwithstanding the limitations of proposed section 174.1, the right to refuse overtime to carry out family responsibility is progressive and shows the government understands the pressures placed on workers. Further evidence of this is proposed section 181.1, on page 452 of the bill, dealing with breaks for medical reasons and nursing.