When you look at the legislation in B.C. and Quebec, I don't think you'll see that has happened, and they've had anti-scab or anti-replacement worker legislation for quite some time.
The issue of what's in the current code as it relates to the Sims study deals with the fact that the union has to prove the company is hiring them for the purpose of undermining the trade union. That's a tall task you've put to the unions in the federal legislation. You can only prove it when the strike actually starts, not before, and by that time it's too late.
When union members go on the street, they don't get paid. They lose their houses, they get in debt, and it has a tremendous impact on their families. That is where the balance is. Employees, when they walk out the door or are locked out, suffer.
Employers have managers who can do bargaining unit work during a labour dispute. That's already there. Telus had 8,000 managers; why didn't they use them? Why did they use call centres in the Philippines and India, call centres that still exist today, to do that work? It undermined the trade union and ended in a devastating four-month labour dispute. There was no need for it, and the legislation would have stopped it.