In regard to the current Canada Labour Code, part I, currently section 87.4 deals with essential service provision. There are two important criteria in order to get a designation as an essential service. One, of course, is public health and safety. It's not an ambiguous definition; it's a very clear definition.
In the context of Bill C-257, we're making the argument that the bill should be compatible with essential service provision. It is there for a reason. It establishes the fact that you need to have it there, and we think they should be compatible.
We don't think there's a conflict, but again, the committee can get some legal interpretation if there's a conflict. We should err on the side of caution, of course, and ensure that section 87.4 is not compromised as a result of this bill.
In addition to that, Bill C-257 added a provision that is not currently in the Canada Labour Code, part I. It is that if there is a dispute, replacement workers would not be able to cross the picket line.
It also provides for management to continue to perform their responsibilities in the context of the workplace, and I think that's an added provision. We think it's critical that the bill comply with section 87.4.
In every instance in which our affiliates have had to go before the board to deal with the elements of essential services or, more importantly, when the employer has raised it as a concern, they have actually worked it out and reached an agreement that has satisfied both parties, and when they couldn't have done so, they've gone before the board. We've always seen the board jurisdiction in dealing with this as adequate and fair. It's their job to determine whether the parties making the representation that it should be declared an essential service actually have a legitimate argument as defined under the current law.
We have always felt the board is balanced and fair, so if the parties can't resolve it, I think legitimately it should be the board that makes that designation at the end of the day. We think it's an essential part of the changes that should be applied to Bill C-257.