Good morning. I represent the Syndicat des débardeurs du Port de Montréal, a union that was founded in 1902 and therefore has been around for over 100 years.
Pursuant to House of Commons Standing Order 108, I appear before you to discuss the impact of the Port of Vancouver strike last summer. At the Port of Montreal, we're well placed to speak to the right to strike, since we exercised our right to do so in 2020 and 2021.
I feel a bit like a skunk at a garden party, as all the previous speakers talked about the supply chain and Canada's international reputation. I have to tell you that Canada signed an international agreement on the right to organize in 1972. The right to organize recognizes the right to strike and its counterpart, the right to lock out for the employer, as a foundational element. I must also remind you that the right to strike is recognized under the Canadian Charter of Rights and Freedoms, as confirmed in the Saskatchewan decision.
With respect to restriction of the right to strike under the Canada Labour Code, I must once again remind you that the right to strike has been restricted before. In the late 1990s, further to the Sims report entitled “Seeking a Balance”, the Canada Labour Code was amended to restrict the right to strike by requiring both employers and unions to give 72 hours' notice before exercising the right to strike or lock out.
At the Port of Montreal, if we were to give 72 hours' notice before a strike, the ships would be off the coast of Newfoundland. So the supply chain wouldn't be interrupted. The 72 hours' notice gives time to find a temporary alternate route and maintain the supply chain. So I'm very surprised that all the speakers are talking about restricting the right to strike in any way, shape, or form.
We also talked about essential services, section 87.4 of the Canada Labour Code. Essential services have already been established.
On June 8, 2020, the Canada Industrial Relations Board issued a landmark decision on the Port of Montreal. He said that there was no essential service to maintain, since there was no imminent and serious danger to the public. Of course, there is an economic impact. Who would go on strike without there being an economic impact? Of course, the right to lock out also has an economic impact on workers. The balance already exists.
If you are to look at what is happening in the longshore industry, we think you should focus on section 34 of the Canada Labour Code. How are employers' organizations composed? Why were there strikes at the port of Vancouver last summer? Why were there strikes at the Port of Montreal two years ago? Perhaps because the real decision-makers weren't at the table. When we negotiate, we talk to human resources representatives. Shipping operators and shipping lines are not at the bargaining table.
That's what I understood during the most recent conflict in Vancouver, which I followed closely. Shipping lines and shipping operators were not at the bargaining table. So before we talk about the supply chain and international reputation, we should eliminate the danger at the source and ensure that the real decision-makers are at the bargaining table.
We believe that the committee should instead look at labour relations, see what that consists of and determine who sits at the table to bargain. At the Port of Montreal, we're currently negotiating with the employer's organization, and no decision-maker is sitting at the table. Even the president of the employer's organization is not at the bargaining table. Conciliation ended two days ago, and we're now in a mediation period. The employer has not even submitted its wage offers yet.
Before we talk about supply chain and reputation, the committee should really look at labour relations and who's sitting at the bargaining tables.
Thank you very much for your attention.