Madam Speaker, today I would like to discuss the proposed amendments to part I of the Canada Labour Code and how important they are to the workers they apply to. These amendments as outlined in Bill C-66 will have some enduring benefits to this important player, the employee, in the rapidly changing labour scenario.
The amendments are based on recommendations made by the task force on the review of the Canada Labour Code. In its report, "Seeking a Balance", the task force strove to find a balance between competing interests including those of labour and management.
The amendments we are discussing today serve to update the existing federal labour law and in no way radically alter the existing Canada Labour Code. Yet they will, I believe, serve the interests of working Canadians.
Part I of the Canada Labour Code applies to the approximately 700,000 workers and their employers in the federal private sector. These include the men and women who serve in our banks, keep our airlines safe and punctual, and physically move our volumes of grain exports on to the ships that come in for example to Halifax harbour. They are part of the group of workers who keep this country moving.
What are the concerns of this important group of workers? Apart from some issues specific to the particular industries they work for, their requirements as employees are no different from those of other industries and other employees. For instance, they want stability. They want to be able to exercise some of their democratic rights, such as the right to organize. They want to be able to have their voices heard in the workplace to ensure their viewpoints are heard and understood. These are factors central to the amendments.
One thing that will not change with these amendments is the continuing ability to engage in collective bargaining. It is an essential that has to remain. This right of workers and employers to organize and bargain collectively is central to any democratic society with a market based economy.
I am reminded of the book The Company Store which is well known in my area of the country. It talks about how in the 1920s the workers in the coal mines of Cape Breton were treated terribly by the coal mining companies, like Dominion Coal Company. It gives a very strong case for why we do need to have collective bargaining in our country and why workers' rights are so important to defend.
There may be those who feel at times that the unions today have become very strong, but if we look at the history we can see why we have to have the collective bargaining process. It is important that workers' rights be protected.
Collective bargaining is fundamental to the Canada Labour Code. For employees it ensures they get a fair and adequate reward for their labour and that they are able to participate as equals in determining policies that affect them in direct and significant ways.
Our existing collective bargaining system has served Canada well. Both employees and employers said that to the task force. It is our expectation that these amendments will allow it to continue to enhance co-operation between and among the respective parties.
Some of the key amendments that will be important to the employee include the following:
There is the establishment of a representational Canada industrial relations board. The chairperson and vice-chairpersons of this new board will be neutral and it will include equal representation of employees and employers. This will make the board more responsive to the community it is intended to serve. Formerly the Canada Labour Relations Board was non-representational. This new development will reflect more accurately the changing face of the Canadian workforce.
The board's remedial powers will be expanded to ensure good faith bargaining. The board will be given the power and the flexibility to deal quickly with routine or urgent matters.
Proposed amendments are also aimed at speeding up certification and decertification processes. They will protect employee rights where there is a change from provincial to federal jurisdiction.
Currently the code does not provide for continued recognition of bargaining agents and collective agreements in cases where a contract for services is transferred to a new employer as a result of contract re-tendering. This has resulted in the loss of remuneration and employment at the end of each contract period for workers employed by contractors in the air transport sector, which is important for instance at Halifax international airport in my riding of Halifax West. Many of the workers in the air transport sector are women and immigrants. Such successive contractors would now be required to pay employees equivalent remuneration. This is a very important amendment.
This proposal intends to deter competition based on who can pay the lowest wages. This will create a level playing field for contractors whose employees are unionized with those who are not, and it will help to reduce turnover rates, an important consideration for all of us in these challenging times. I know even here we are concerned about turnover rates.
With the growth of non-standard employment in Canada, particularly home based employment, attention has to be paid to ensuring that these workers are also a party to the benefits of collective bargaining. Most home based workers are women. It is estimated that two-thirds of home based workers are employed by an organization located elsewhere.
While the home based work arrangement has advantages for many people, others find themselves in a vulnerable situation unable to acquire the traditional employment benefits. For this reason we have included amendments proposing that the board have the discretion to grant an authorized representative of a labour
union a list of the names and addresses of employees who normally work in locations other than the employer's premises.
The union will therefore have access to off site employees on the condition that the privacy and security of off site workers are protected. The industrial relations board can indicate conditions and in a particular case for instance can say: "We are going to give you this kind of information so you can access the people using a way that is suitable in the circumstances so that the privacy and security of the people in their homes are protected".
As the minister said in his speech, one of his main goals was to bring an orderly process to industrial relations in Canada. Therefore some amendments clarify the rights and obligations of the parties during a legal work stoppage. The use of replacement workers during a legal strike has always been a very contentious issue. For as long as I can recall, labour and management have held opposite positions on this issue.
Not surprisingly, the consultation process did not succeed in reaching a consensus on replacement workers. This split appeared also in the Sims task force where a member tabled a minority report. In the end the minister and the government had to decide, and they did. They chose a moderate, fair and equitable formula based on the good faith of the parties.
There is no general edict forbidding the use of replacement workers during a legal strike. However their use for the purpose of undermining a union's representative capacity would be considered as an unfair labour practice. The union can refer the case to the Canada industrial relations board. If the board determines a violation has occurred, it can order the employer to stop using replacements for the duration of the dispute.
The amendments also confirm the right of employees in the bargaining unit who are on strike or locked out to resume employment following a work stoppage in preference to any persons hired to replace them. Another critical feature for employees is that they will be entitled to maintain insurance and benefits programs during work stoppages.
These then are some of the key amendments that will affect workers under part I of the labour code. The legislation also addresses management's interest and is indeed fair and balanced in its approach and aims. Its aim of enhanced co-operation should lead to improved productivity, better job security and increased worker participation in workplace decisions. This is good for Canadian workers and it is good for Canada.