Evidence of meeting #11 for Human Resources, Skills and Social Development and the Status of Persons with Disabilities in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site.) The winning word was union.
A recording is available from Parliament.
Executive Director, Federally Regulated Employers - Transportation and Communications (FETCO)
Yes, I agree it should be 50% plus one of those who vote.
Conservative
Fellow and Adjunct Professor, Queen's University, As an Individual
If there's going to be a secret ballot.
Conservative
Assistant Professor, Faculty of Law, Queen's University, As an Individual
Yes, I would agree. If there's a secret ballot, that's the better way to go.
Conservative
Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC
Thank you.
So if there are to be changes to this bill, it sounds like we have unanimous consent that it should be 50% plus one of those actually voting.
And on the question—we will also go around the table—of secret ballot for decertification, it shouldn't be a reverse onus, it should be, again, a 50% plus one in that case?
Mr. Yussuff?
Secretary-Treasurer, Canadian Labour Congress
I think that rather than answering yes or no, I just want to give you my opinion.
Different jurisdictions will set a lower threshold, in other words, to meet the revocation process, but clearly it would be the same if there were people who wanted to leave the union. They should be at least on the same process for certification.
Conservative
Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC
So decertification should be the same actual votes, and it should be a clear question.
Mr. Farrell.
Executive Director, Federally Regulated Employers - Transportation and Communications (FETCO)
Fifty per cent plus one of those who are voting should be the measure, or the standard, for decertification, from our view.
Conservative
Fellow and Adjunct Professor, Queen's University, As an Individual
I just can't believe this is down to a simplistic yes or no in a matter as complex as this, so I abstain.
Conservative
February 11th, 2014 / 10:05 a.m.
Assistant Professor, Faculty of Law, Queen's University, As an Individual
I would say 50% plus one of those who vote in favour of decertification. It should be clear that there's a positive vote to remove the union of 50% plus one of those who vote.
Conservative
Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC
Thank you so much.
I would maybe go to Mr. Giles. Can you talk to me about how secret ballots would be conducted?
Director General, Labour Program, Strategic Policy, Analysis and Workplace Information Directorate, Department of Employment and Social Development
I can speak to the Canada Labour Code and the Canada Industrial Relations Board. I can't speak to the public sector side.
Secret ballot votes are conducted by the board in three different ways. The first way is on site with a ballot booth, if you will, where, just as in a general election, workers go and vote in privacy. The second method that is sometimes used is a mail-in vote. This is used when in the federal jurisdiction you have an employer that is spread across the country and so on site is more difficult. A mail-in vote is used and each member of a bargaining unit receives a ballot and returns it by mail.
The third and more recent method that the board has experimented with is electronic voting, either by telephone or by online voting. That has proved quite successful because, to begin with, it's set up in a way that you can't spoil a ballot accidentally. There's a check in the system. And second, it seems to have a higher participation rate than mail-in ballots. So it's one method that the board has been moving toward in recent years.
I do think the chair of the board will be appearing at your next hearings, and she may be able to give you more details on that.
Conservative
The Chair Conservative Phil McColeman
Thank you. That's five minutes. It does go very quickly I understand.
Mr. Cuzner, for five minutes.
Liberal
Rodger Cuzner Liberal Cape Breton—Canso, NS
Thank you very much, Mr. Chair.
Let me first say that I'm sure what everybody, no matter what side of the issue we're on with this particular bill, would like to see is that for those who come down to make that decision whether or not to join a union or a work site is certified, the decision is allowed to be made in an informed and free manner. So I think that we're unified on that.
Let me ask the stakeholders, have your groups been seized with this issue? Has this been identified as a priority issue at any time? We'll start with CLC and FETCO.
Secretary-Treasurer, Canadian Labour Congress
There's no evidence, and I repeat, should the committee have such evidence, we'd be more than happy to hear it. There has been no evidence in any form, shape, or way that demonstrated that anybody has been calling for these changes, whether from our side or from the employer's side, in the process of looking at the code, thinking about what's wrong with the code or how we could fix a problem in the code. There has been no evidence to suggest this particular bill is necessary or has been called for by the parties, recognizing the process we have had in place up to date.
Executive Director, Federally Regulated Employers - Transportation and Communications (FETCO)
While employers would prefer a secret ballot vote, this issue was not on FETCO's agenda. This is not on FETCO's agenda.