Mr. Speaker, I am pleased to take part in the debate on Bill C-66, an act to amend the Canada Labour Code, which was tabled by the labour minister on November 4. This legislation implements reforms to the collective bargaining provisions of part I of the Canada Labour Code, which govern federally legislated private sector employers and unions.
The key components of this reform are: the creation of the Canada industrial relations board, with extensive powers; changes to the conciliation process; the establishment of the rights and obligations of the parties during a work stoppage; the requirement to continue essential services during a conflict; making the undermining of a trade union's representational capacity during a strike or lockout an unfair labour practice; improving access to collective bargaining for off-site workers; and a requirement to maintain services affecting grain shipments, in the event of a work stoppage.
I have many criticisms regarding this bill, but for now I will only deal with the issue of replacement workers. Clause 42 prohibits the use of replacement workers only when an employer uses them for the purpose of undermining a trade union's representational capacity. For example, if an employer refuses to negotiate while using replacement workers at the same time, the new Canada industrial relations board could prohibit such a practice.
However, a company merely has to negotiate with the union, even if only for the sake of it, to avoid this prohibition and continue to use scabs. It is inadmissible. It will be difficult, if not impossible, to demonstrate that this unfair practice seeks to undermine a trade union's representational capacity. In most cases, the conflict will have been resolved without such a practice being confirmed.
The basic principles of our collective labour relations system make it clearly illegitimate to hire replacement workers during a strike or a lock-out. This practice brings intruders into a dispute affecting exclusively two clearly identified parties, throws off the balance of power, and curtails the freedom of expression of strikers.
The rationale of economic pressure is that the loss of salary will be an incitement for the workers to be cautious and accept a settlement as soon as possible. It should be the same for the employer. At any rate, there is no comparison between the day to day economic hardship of strikers and that of an employer who can keep the production going with the help of management workers.
During a strike, employees can go into debt for a long time and jeopardize their professional career, not to mention their financial problems. During my long experience in the labour movement, I witnessed some tragic situations in this regard.
When an employer hires replacement workers, strikers have an immediate gut reaction of utter frustration. They feel personally targeted. They see this practice as unfair. The focus of the conflict shifts from working conditions to the hiring of scabs and job stealers. That frustration brings a degree of harshness into the conflict. That gut reaction of strikers is all the more serious since employment has become such a challenging problem in our society. Therefore, the use of replacement workers has a very negative impact on the strikers' behaviour.
Organized labour is very disappointed by the fact that the government has not totally prohibited the use of scabs in its amendments to the Canada Labour Code. Nancy Riche, Executive Vice-President of the Canadian Labour Congress, has condemned the government for once again not taking this opportunity to put an end to confrontation in the event of a strike or a lockout.
Clément Godbout, president of the FTQ, also complains that nothing in this bill prohibits the hiring of scabs. The FTQ represents almost 100,000 salaried employees under federal jurisdiction.
On October 22, I introduced Bill C-338 to amend the Canada Labour Code and the Public Service Staff Relations Act. The purpose of this bill is to prohibit the use of replacement workers during a strike or a lockout, as is currently done in Quebec and in British Columbia.
The bill also contains provisions to ensure that essential services are maintained during a labour dispute. It is also aimed at maintaining a balance between the negotiating parties in order to shorten labour disputes and avert violence. My bill will affect some 700,000 Canadian workers under federal jurisdiction.
By introducing Bill C-338, I fulfilled a commitment I made to Canadian and Quebec workers. I think anti-scab measures are urgently needed.
I urge the numerous Liberal members who, in the past, supported this kind of measure to exert pressure on the labour minister and their government. For once, the government should listen to the demands of the unions in this area. The Bloc Quebecois and I will pursue our efforts until legislation to prohibit the hiring of replacement workers is passed.
Earlier, I was listening to the labour minister who said that the absence of a consensus between the unions and management led him to decide not to include real anti-scab provisions. Such an excuse is unacceptable. There will never be a consensus in this regard. The government should have the fortitude to made such important and crucial decisions, as the Quebec government did in
- The measures taken at the time by the Quebec government are now instrumental in settling labour disputes as soon as possible.
I must say that I am also disappointed to note that the bill does not include any provision concerning the precautionary cessation of work for pregnant women. In Quebec, for instance, pregnant women are protected by the Act Respecting Occupational Health and Safety. However, Quebec women working for the federal government are not covered by this important provision.
I also regret that the bill introduced by the minister does not give RCMP employees the right to negotiate their working conditions through collective bargaining. I have a lot of reservations about this bill. We will have the time to express our concerns in committee and then to debate the issue in the House at third reading.