As long as the chair recognizes that these comments are hypothetical, of course.
You're right, the issues that Mr. Bell has raised are really important, especially to his operation and the people who rely on that service. What I think people are forgetting is that section 87.4 in the code is already there. If an employer believes that a portion of their business is so essential to the community--for example, in Mr. Bell's case, getting people back and forth for community services, health services, food, etc.--all they have to do is go to section 87.4. If they can't get an agreement with the union then they have the right to apply to the Canada Labour Relations Board for an order to be issued by the board. They can make argument in front of the board, and the board can issue the order. That's the fail-safe that was built into the code in section 87.4.
Proposed subsection 94(2.4) now clarifies that. All it does is tweak section 87.4 just a bit so that nobody can abuse section 87.4. Where the problem exists is that employers seem to not want to apply the provisions of 87.4, and then after the strike takes place they want to call foul and say, “Wait a minute. We want to go to the board and apply 87.4 because all of a sudden we now know that these services should have been essential.” Well, it's too late, fellas. You had the chance under the code; there were criteria set out, and you should have used it. We are not averse, in our indication, in our actions of this last week...we are not shutting the door on the public. Our issues are with our employers.
In the example of the Quebec North Shore, which is the employer for our members that Mr. Bell's people are affected by, in this case, if the Quebec North Shore were faced with a labour dispute, then it would be Quebec North Shore that would have to apply under section 87.4 to seek essential services or a maintenance of activities agreement, and they would have to argue, on Mr. Bell's behalf, that that was the type of service that was essential for that community. Whether we agree or disagree with the employer—in this case, Quebec North Shore—Quebec North Shore can then take it to the board and the board can order it.
There's a fail-safe built into the system. Everybody is running around here saying the sky is falling--it's not.