Maybe I can follow that up and help clear that up a bit.
First, it is certainly not a surprise to me—and I don't think to anybody else—that we have major employers and very large companies coming here today saying they don't like this bill, they don't want to see a change. In fact, it's not a surprise to me to hear BHP saying the sky is going to fall, and we might have to make another decision. That's something that always happens when there is a change in legislation.
I would point out that in B.C. and in Quebec, where this legislation has existed for many years, there has been no flight of investment, and companies keep operating. In fact, it has helped produce labour stability. There is a point of view there, but the future will show somewhat different.
The question I wanted to ask to both Mr. Finn and Mr. Turnbull is there's a perception that this bill will somehow stand on its own, and it is not attached to the Canada Labour Code. It is actually an amendment to the Canada Labour Code.
Mr. Finn, you said that in recent history there have been four strikes at CN. I'm curious to know whether or not CN has ever used section 87.4 of the Canada Labour Code, because that is the section called “maintenance of activities”. When you read it, it really is the designation of essential services.
To you, Mr. Turnbull, as well, when you say there is a problem with this bill because it doesn't allow you to deal with that in terms of ongoing measures, it talks about conservation, but in actual fact, the very next section in the Canada Labour Code, which is section 87, lays out the whole process for how either the company or the employer or the union can go forward to the board and have an agreement about what those essential services are.
This is a very important point, because I think some members of the committee believe there is no provision whereby these essential services can be sorted out and an agreement can be made. In actual fact, it is right there in the code. It is the very next section. You may not like the section, but has it been used by CN or by your company when you have actually sought those agreements to have those determinations made for maintenance and services, or what we call essential services?