Transport Committee on March 8th, 2011

[Jim Maloway, NDP, Elmwood—Transcona, MB]

They might not rule right away, though.

[Dennis Bevington, NDP, Western Arctic, NT]

That was the spirit in which that was put forward, so let's put it in a fashion that guarantees that's what happens.

That would be my amendment.

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

No. The amendment is not on the floor for discussion.

[The Vice-Chair, Liberal, John McCallum]

The amendment is now on the floor for discussion: the earliest available opportunity after the decision by the board?

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

I would also propose a friendly amendment that it be after a final decision is made by the authoritative body, if that's the Labour Relations Board. I don't understand....

I apologize, first of all. I was at a funeral last week and I apologize for not being here. It's the first Thursday I think I've missed in six years.

I don't understand the whole concept of it. Is this the final decision that's going to be made by the Labour Relations Board in relation to the final outcome for the two parties? Is that the situation? Does anybody know? Does anybody know an answer to my question, because it seems like a very important question?

[The Vice-Chair, Liberal, John McCallum]

What is your question?

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

My question was, is this the final decision? We're going to wait for an arbitration decision? Is this it?

[The Vice-Chair, Liberal, John McCallum]

I believe it's likely to be, but I don't know for sure.

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

My desire would be to stay out of something, one, that's political, and two, that's a legal dispute between the parties.

If we're going to do this--you don't need our support anyway, you overrule us on everything else--I would like to wait until a final decision has been made. Whether that be the Labour Relations Board or whatever the board is, I would like to do that and have the first available meeting after that. I think that would be fair to pass.

[The Vice-Chair, Liberal, John McCallum]

The question for Mr. Bevington is whether he accepts that as a friendly amendment, and if so, the earliest available opportunity after the final decision.

[Dennis Bevington, NDP, Western Arctic, NT]

Yes. That's fine by me.

[The Vice-Chair, Liberal, John McCallum]

He accepts it.

Any further discussion on the amendment?

Those in favour of the amendment, please raise your hands.

[Gerry Byrne, Liberal, Humber—St. Barbe—Baie Verte, NL]

With the “final” or...?

[The Vice-Chair, Liberal, John McCallum]

With “final”. Mr. Bevington accepted “final”.

[Chad Mariage]

The amendment is as follows: that the words “Thursday, March 24, 2011, from 11 a.m. to 1 p.m.” be replaced by the words “the earliest available opportunity after the final decision of the”...I guess it's the Labour Relations Board; I'm not sure if that's the right body. Is it the arbitration board?

[Dennis Bevington, NDP, Western Arctic, NT]

It's the final decision of the Labour Relations Board. If it's appealed, it will go somewhere else.

[The Vice-Chair, Liberal, John McCallum]

It's the final decision of the Labour Relations Board.

[Dennis Bevington, NDP, Western Arctic, NT]

The appeal has to go somewhere else. It can't be at the same place.

[The Vice-Chair, Liberal, John McCallum]

Is there any further discussion?

Mr. Trost.

[Bradley Trost, Conservative, Saskatoon—Humboldt, SK]

Again, please accept my apologies, Mr. Chair. I'm just getting up to speed on this.

My assumption, following the conversation around the table, is that the judicial item we're dealing with is solely the Labour Relations Board. There's no other action before the courts or anything else.

[The Vice-Chair, Liberal, John McCallum]

That would be my understanding.

[Bradley Trost, Conservative, Saskatoon—Humboldt, SK]

Okay, so that's the issue we're talking about.

[The Vice-Chair, Liberal, John McCallum]

I think it's what you might call quasi-judicial.

Mr. Guimond.

[Michel Guimond, Bloc, Montmorency—Charlevoix—Haute-Côte-Nord, QC]

Adding the word "final" amounts to adding a word for no reason. If we don't want to run the risk of an appeal to the Ontario Superior Court, and ultimately the Supreme Court of Canada, that word should not be added until the Canada Industrial Relations Board makes its decision.

In itself, it's a final decision. Why do we add the term “final”?

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

I think it makes sense. We're asking for a final communication. What if they postpone it a week and then we have our witnesses coming in here?

Is there any urgency to this matter? Is there any desire to interfere in a quasi-judicial board out of Toronto in their findings of fact?