Mr. Speaker, I would like to address the series of motions put forward with a view to repealing a number of current provisions of the Canada Labour Code. These include, as has been
mentioned, sections 107, 108 and 108.1 of the code, as well as section 90.1 of the Public Service Staff Relations Act.
Section 107 of the Canada Labour Code authorizes the Minister of Labour to do things which seem likely to maintain or secure industrial peace and to promote conditions favourable to the settlement of industrial disputes. For those purposes, the minister may refer questions to the Canada Labour Relations Board or direct the board to take necessary actions.
During the task force review of Part I of the code, which included extensive consultations, there were no representations from either labour or management with respect to section 107 of the Canada Labour Code. When the Minister of Labour held consultations, meetings across the country, this section was not raised.
In November of 1996 the Minister of Labour directed the Canada Labour Relations Board to conduct a vote among the employees of Canadian Airlines International, who were represented by the Canadian auto workers, to determine whether or not they would accept the restructuring proposals of their employer. The minister's ability to act last November assisted in the resolution of a serious situation which threatened the jobs of thousands of workers and the future of Canadian air carriers.
I believe members would agree that section 107 is a potentially powerful tool and should be used sparingly when there is no other apparent avenue to follow. It would, however, be folly to remove such an option which may offer a solution to those tricky labour relations problems that occur when the parties find themselves in a hole and do not know how to stop digging.
The Bloc has also put forward an amendment to repeal section 108 of the Canada Labour Code. This section authorizes the Minister of Labour to establish an industrial inquiry commission with the appropriate powers to investigate industrial relations matters.
I am a little puzzled as to the Bloc's motivation for seeking a repeal of this provision, as the issue was not raised during the extensive consultations leading up to the introduction of this bill.
Industrial inquiry commissions have been appointed by ministers of labour over the years to examine important labour relations issues and make recommendations. In some cases, commissions have been instrumental in assisting parties to resolve difficult issues and conclude collective agreements.
In other cases, commission recommendations have formed the basis for new industrial relations policy. I fail to see any legitimate reasons for removing from the code the provision that allows the Minister of Labour to appoint a commission to inquire into significant industrial relation issues within federal jurisdiction.
Finally, amendments have been put forward for the repeal of current provisions in the Canada Labour Code and the Public Service Staff Relations Act with respect to final offer votes.
Section 108.1 of the Canada Labour Code allows the Minister of Labour to direct that an employer's last offer be put to the employees of the bargaining unit for a vote if the minister believes it is in the public interest to do so.
There is an equivalent provision in section 90.1 of the Public Service Staff Relations Act, the legislation regulating collective bargaining in the federal public service.
As these provisions have never been used federally, there is no reasonable basis for seeking their appeal due to misuse. The key reason invoked by unions in support of repealing this provision was that they were adopted in 1993 without prior consultations with the parties.
This is no longer the case. The question of last offer votes was raised during the extensive consultations with labour, management and other interested parties prior to the introduction of Bill C-66.
The Sims task force thoroughly examined whether the last offer vote provision in the code should be modified or repealed. Unions unanimously sought its repeal while employers asked that the provision be modified to require a last offer vote in any dispute at the employer's request, as is the case in a number of jurisdictions.
While the task force reported that it found no convincing evidence supporting expanding the provision to allow unfettered employer requests for last offer votes, it also recommended against repeal of the current provision.
In its view the power of the minister to direct last offer votes should be retained to be used when there are genuine grounds to exercise the option in the public interest.
The overall package of recommendations of the Sims task force was endorsed by both labour and management as balanced. Bill C-66 respects that balance. The repeal of section 108.1 of the code was not included in that package and should not be added to this bill now.
With respect to the equivalent provisions of the Public Service Staff Relations Act, the task force mandate did not include a review of the Public Service Staff Relations Act. Bill C-66 does not include any substantive amendments to that act.
To close now, I would like to add my thanks to the people who took part in the debate today, report stage of Bill C-66.