Mr. Speaker, the question of restricting the use of replacement workers during legal work stoppages raises a number of complex issues, includ-
ing the need to ensure that necessary services are provided to the Canadian public.
Protecting the public interest is of particular relevance in the federal jurisdiction, as the Canada Labour Code governs many industries which are essentially public interest in nature. Although the code does not prohibit the use of replacement workers, it does provide protection for workers engaged in legal work stoppages. The code prohibits an employer from disciplining an employee for engaging in a legal work stoppage. As well, an employer cannot discipline an employee for refusing to perform the duties of another employee who is involved in a legal work stoppage.
Once a work stoppage is terminated, employees are entitled to return to their employment in preference to any persons hired to replace them.
The existing system generally works as intended. Most collective bargaining negotiations are settled by the parties in direct negotiations. Of those that do require conciliation officer assistance, more than 90 per cent are settled without a work stoppage.
This said, the minister is currently reviewing all aspects of the Canada Labour Code, including the issue of replacement workers, with a view of modernizing and improving it so it can better reflect today's realities. There are also ongoing consultations with employee and employer groups to seek their views.
With reference to the dispute between ADM Agri Industry Limited, formerly Ogilvy Flour Mills Limited and the Syndicat national des employés des minoteries Ogilvie Ltée, the minister recently gave his consent for the union to file a complaint with the Canada Labour Relations Board alleging that the company has failed to bargain in good faith.
The minister also met last week with union representatives from the company and will continue to closely monitor the dispute so it can be resolved as quickly as possible.
The union and the company recently agreed to meet with the assistance of the mediator on October 12 and 13, 1994. The minister is encouraging both parties to take advantage of that opportunity to settle their differences.