Mr. Speaker, I would like to take this opportunity to express our reservations concerning the amendment presented by my colleague. Like my colleagues I do, however, appreciate what my colleague and his party, the Bloc Quebecois, are attempting to do with a view to improving Bill C-64.
Examining the motion, I find it goes a bit too far. Its intentions are probably honourable, but if we look at it in detail, the amendment is not practical. What is being proposed in this amendment is to create a prerequisite that both groups, employers and employees, establish equity plans.
This proposed change to the legislation would create a requirement for employer and employee representatives to implement and revise employment equity plans jointly.
I can appreciate that my colleagues believe it is essential to have labour input for the planning and application of employment equity in the workplace. I assure them that within the existing legislation provisions have been made to ensure there will be consultation and collaboration between the parties in the preparation, implementation and revisions of companies' employment equity plans.
The bill was amended by the standing committee as a result of input from the Bloc Quebecois. It was the previous speaker who encouraged the committee to include this provision.
Clause 15 of Bill C-64 acknowledges that collaboration between management and labour is necessary if changes sought by employment equity are to come about. It signals that success in achieving an employment equity workforce requires the active collaboration of labour and employers to eliminate artificial barriers to members of the designated groups. However, we must not confuse representation with responsibility. Collaboration is not co-management for very good reasons.
If implemented this amendment could seriously compromise the prerogatives of management to implement employment equity at the work site as it sees fit.
The employer must have the final say over the way employment equity affects the workplace because it is ultimately the employer who is legally responsible for the act's implementation. Only management is accountable for meeting the obligations set out in this legislation. It would be patently unfair to impose that responsibility on management if it was forced to share all decision making with its employee representatives.
There are several other good reasons why this motion must be defeated. Among them is the fact that the proposed amendment would only preserve the co-management limitations for the initial preparation of an employment equity plan. This provision would be removed for the implementation and revision phases of the employment equity plans. Further and perhaps of greatest consequence, the amendment could lead to a requirement for negotiation between labour and management rather than a consultation.
I can assure the House that we are not prepared to see employment equity used as a bargaining chip in contract talks and negotiations. A bargaining agent might refuse to co-operate, perhaps motivated by reasons that have absolutely nothing to do with the goals of employment equity and thereby bring the implementation of a workplace plan to a halt. We will not have this critical piece of legislation compromised by the vagaries of union-management talks in negotiations.
Another important consideration is that employment equity is an integral part of human resources management. Company after company testified before the Standing Committee on Human Rights and the Status of Disabled Persons and told us what an important tool employment equity has become in their overall business plans.
The sort of regime proposed by the Bloc Quebecois might provide unions with an opportunity to exercise direct influence in areas that remain the sole prerogatives of management, such as recruitment.
I have several other fundamental problems with this motion, which is obviously very flawed. Let us look at the reality that the collaboration requirement cannot be the subject of a direction by the human rights commission or an order by a tribunal. Clearly a true spirit of co-operation has to come about spontaneously. It cannot be forced or coerced.
Aside from that, there is the fact that the primary reason the government decided against making this collaboration the subject of a direction or order is that there is no provision in the act for a tribunal to make orders against a bargaining agent. Collaboration requires two parties working together. It would be discriminatory
to enforce this provision against only one of those parties, that is, the employer. It is worth noting that the proposed amendment will also reduce the consultation requirement that exists in Bill C-64.
In the amendment there no longer has to be consultation about the implementation or revision of an employment equity plan. That consultation requirement can be the subject of a direction by the commission or an order by a tribunal. I must say I find it surprising that the Bloc would recommend deleting these crucial provisions and replacing them with weaker provisions that cannot be the subject of a direction or order.
For these reasons, it simply does not make sense to seriously entertain this motion. The government is satisfied with the clause the way it now stands as amended in committee.
Again I want to thank the Bloc for its contribution in committee in this regard. I believe our willingness to accommodate the Bloc's concerns is testament to the goodwill we see in this House. But we must not be tempted by good intentions to push the process too far. To go further is inadvisable.
Our approach to this issue is not arbitrary nor is our amendment despotic. It is simply realistic. Management has the final responsibility for all employer obligations under the bill and will be answerable to the Canadian Human Rights Commission if the obligations are not met. Therefore final decision making must continue to belong to management.
I trust that this explanation satisfies the House that this motion must be rejected. I urge my colleagues to do precisely that.