Mr. Speaker, I appreciate the opportunity to speak today on Bill C-3, an act to amend the Canada Labour Code relating to nuclear undertakings. Like my colleagues on the opposition benches, I
extend my congratulations to the minister on his appointment. He has served this country well in his other capacities in opposition and in government. I look forward to working with him in his capacity as Minister of Labour.
I was appointed by my leader on January 10, 1996 as the New Democratic Party labour critic. I have spent a considerable amount of time over the last few weeks bringing myself up to speed with the various legislation the government may be engaged in, such as the review of the Canada Labour Code, and with various union responses to government undertakings in this regard. I will enjoy the debates with the minister and the Liberal government over the next year relating to human activity and the conditions affecting Canadians in the workplace.
The government and the opposition seem to think this bill is nothing but housekeeping; that it simply transfers from one level of government to another a process that should be simple and easy to understand. My colleagues in the Reform Party want to extend this across the board, beyond the specific legislation. That is another matter entirely.
We have a very specific bill here aimed at the workers of Ontario Hydro. I want to make clear at the outset that I was one of those in the House today denying unanimous consent to speed all aspects of the bill through the House today.
I did that simply because I do not believe that all aspects of this legislation have been heard by members of the House. I think reference to the committee will be useful in that members of the House, particularly members of the opposition, might be able to hear from some of those people who will be affected directly by this legislation to assist them in making up their minds about whether this is the proper thing to do.
I do not feel comfortable as a member of the House having to make decisions affecting people's lives when I have not heard all sides of the story, especially as they would be presented in argument to us as legislators.
Let me put forward a couple of matters that have come to my attention. I will repeat some of the things the minister put on the table because it is important to understand the full context in which the bill is being brought to us.
As indicated, before 1994 workers at nuclear power plants in Canada came under the jurisdiction of provincial labour legislation. In Ontario this would be the Ontario Labour Relations Act.
In 1993 the Society of Ontario Hydro Professional and Administrative Employees applied to the Ontario Labour Relations Board to be certified under the Canada Labour Code; in other words, federal jurisdiction. The application ended up in litigation before the Supreme Court of Canada. In 1994 the supreme court decided the nuclear operations of Ontario Hydro did fall within federal jurisdiction.
A certification was requested by the workers of Ontario Hydro under the Canada Labour Code. The supreme court upheld them in this decision. The decision also applied therefore to nuclear workers in Quebec and New Brunswick, and that is where I believe some of the confusion exists today.
If they were under provincial jurisdiction and the workers wanted to be under federal jurisdiction, and the supreme court agreed with them to be under federal jurisdiction, why is the government today moving with great haste to put them back under provincial jurisdiction?
I want to clarify this contradiction. I cannot in all good conscience stand here and agree with the members of the government and the members of the opposition in allowing this to go through. It is important that the workers, especially those who are part of that application just two years ago, are heard by the members of the House and consulted and perhaps listened to.
The legislation today puts labour relations involving nuclear workers back under the jurisdiction of provincial labour relations instead of under the Canada Labour Code. The government says the legislation is needed because it is too difficult for provincial utilities to manage their labour relations if their workforce is under two different jurisdictions. Non-nuclear hydro employees are still covered by provincial legislation.
Obviously, as the minister indicated, the legislation is intended for the Ontario Hydro workforce but will apply in future after negotiations with Quebec, New Brunswick and even Saskatchewan.
I have been informed that both the Society of Ontario Hydro Professional and Administrative Employees and the power workers union in Ontario are opposed to this legislation. We have not heard that indicated in the debate today.
The workers want to continue to be covered by the Canada Labour Code because in all fairness they are quite worried about how they might be treated by the present Ontario government. The provincial government has already legislated away rights and benefits of public sector employees and has taken provincial labour legislation back 20 years.
The Mike Harris government in Ontario is not a friend to public sector workers. For the federal government to arbitrarily send workers under federal labour legislation under the arm of the Harris government has many of them quite fearful.
As I understand it, the unions say the federal government introduced Bill C-3 without notice or consultation with them. They believe the government is pushing this through because the federal and provincial governments want to strengthen management's hand
when the power workers' contract is about to expire and contract negotiations are about to begin.
The unions believe that this move may have implications on how workers, who may not be pleased with the process and who may be considering strike action, will be dealt with. In other words, the provincial government will have the ability to legislate all striking hydro workers back to work without consideration of the collective bargaining process. This could have severe consequences concerning the hydro union's rights if nuclear operations are sold or transferred as is being considered within the Ontario context.
There is a great deal to be considered under these circumstances. As many members know, the privatization of the system in the province of Ontario is under serious consideration.
It would be improper for the federal government to be seen intervening on behalf of an employer at a sensitive point in the collective bargaining process. I believe that is exactly what is being carried on right now. There is no credible justification for this legislation and certainly no credible justification for the haste with which the legislation is proceeding. Certainly the timing is suspect.
The legislation is being advanced with unseemly haste and without consultation or opportunity for appropriate review, not just by the people who are involved but by the members of this Chamber who have a duty to question every aspect of government legislation before it becomes law. We are not being given, under the process that is being advocated today, the opportunity to do that.
I have not been able to gather a consensus in the industry or among the workers on this issue. Without that consensus, it is the duty and the responsibility of politicians and parliamentarians to try to seek one before legislating rights. In fact, the proposed legislation goes far beyond anything that was previously suggested in discussions that had taken place.
No explanation has been provided why the initiative is proceeding independent of the current review of the Canada Labour Code.
Just a couple of days ago the minister tabled the Sims report that deals extensively with part I of the Canada Labour Code. No doubt there will be significant amendments come forward to the Canada Labour Code. Members will be first of all reviewing, consulting and debating amendments that the government is going to put forward.
I do not feel comfortable without having the benefit of a thorough and broad debate of the Sims report and the amendments that the government will bring forward in making decisions relating to changes in the Canada Labour Code and jurisdiction at this point.
The government should reconsider the haste with which it is moving today. Certainly it should not proceed with this proposed legislation until its details have been carefully considered, fair consultation has been taken and all the affected parties brought in, consulted with, talked to and all of the issues put on the table.
Certainly members of this Parliament owe the nuclear workers in the province of Ontario the benefit of the doubt when they consider the future potential of labour legislation in the province of Ontario.
I did not want to prolong debate but I wanted to make sure that those matters were put on the table today. I appreciate the House's indulgence for that.