moved:
Motion No. 13
That Bill C-66 be amended by adding after line 39 on page 19 the following new Clause:
"25.1 Section 52 of the Act is amended by adding the following after subsection (3):
(3.1) The rationale for the change mentioned in paragraph (3)( c ) shall include an analysis of the cost of the change, the benefits expected of the change, the effect on the organization of the work place and the proposed time schedule for implementation.
(3.2) The employer shall give the bargaining agent sufficient time to enable the bargaining agent to assess the information provided and shall supply any additional information and technological and financial explanation that the bargaining agent reasonably requests to facilitate the assessment.
(3.3) No alteration may be made to the terms and conditions or security of employment of an employee as a result of technological change unless the employer has complied with this section and an agreement on the alteration has been reached between the bargaining agent and the employer."
Motion No. 14
That Bill C-66 be amended by adding after line 28 on page 21 the following new Clause:
"29.1 The Act is amended by adding the following after section 68:
68.1 If a collective agreement expires and no new agreement has been made between the employer and the bargaining agent, the terms and conditions in the expired agreement shall continue to apply to the employees in the bargaining unit until a new agreement has been made."
Motion No. 36
That Bill C-66, in Clause 42, be amended by replacing line 31 on page 32 with the following: c ) expresses a personal point of view, other than during the period an application for certification as a bargaining agent is being determined by the Board pursuant to sections 28 to 47, so''
Madam Speaker, Group No. 5 refers to three types of amendments. The first consideration relates to technological change, the second to a clause inspired by the situation in Quebec, which stipulates that a collective agreement will continue to apply until a new one has been signed. The third concerns non-targeted workers.
I would like to begin by addressing technological change. As you know, one of the paradoxes of the process we have experienced is that the government claims to have modernized the Canada Labour Code without addressing the thorny and delicate question of technological change. We are well aware that technological change impacts very heavily on the way work is organized.
I would like to give an example close to my heart, which relates to Hochelaga--Maisonneuve and, by that very fact, I would like to dedicate this example to the people in my community. Some years ago, when I was starting to get interested in politics, there were in my neighbourhood what were termed skilled labourers: machinists, a highly respected job. I am sure the hon. member for Mercier will recall that they were part of what was called the aristocracy of labourers.
Thanks to a totally new production process, a very significant change took place; a punched tape made it possible to change the organization of the work totally, which had an effect on the workers that were required.
What the Bloc Quebecois amendment proposes is to allow the unions the opportunity of having a say on how technological change will be implemented in the work place. The employer is required to give reasonable notice, after which it is stated that, if agreement is not reached on the manner in which technological change is to be implemented, this could go right up to the right to strike.
Technological change is important, because it is estimated that the life cycle of equipment in certain industries on the leading edge of technology may not exceed five years. Associated with these life cycles are major changes in terms of manufacturing processes.
It is hard to understand why the government remained silent on such a topical issue. Especially since the minister himself had put in place a round table, a discussion forum where he was told what lay ahead and what the basic trends were both in the retail trade and in the service sector. In spite of it all, the minister did not say a word on such a major issue.
Before I get to our proposal, I would like to share with you, if I may, what a very important central labour body in Quebec told the committee. I am referring, of course, to the CSN. I want you to know what its representatives made us realize in committee.
According to the CSN, only after a negotiated settlement providing for the right to strike in the event of a dispute has been reached should the provisions relating to technological change be implemented in the workplace. The CSN analysis is premised on the idea that the potential for a dispute exists and that this in itself is important enough to be considered an element in the bargaining process that could eventually lead to the exercise of the right to strike.
The definition of "technological change" should be broad enough to encompass all modern technology. It should not be defined in minute detail, but it should be clear what is meant by technological change.
After a reasonable time has elapsed-this is a legal provision found in many bills-the information provided to the union should deal with-that is why it is important to be very clear about the type of information required-all economic, technical and organizational aspects of the employer's plans, including a detailed description of the project, a cost-benefit analysis, the positions affected, a manpower assessment, the impact on work organization, and an implementation schedule.
I hope this brief excerpt from a much longer submission will convince you, Madam Speaker, and the parliamentary secretary, that this is an amendment worth considering and that the government should support it.
I want to discuss another issue before giving the floor to a colleague. Madam Speaker-and I know you have a keen interest in this issue-there is a labour code in Quebec, as in other provinces, but our province has always been something of a pioneer. Quebec never does things by halves. Get ready because, in the future, a fundamental change will take place. But this is not the time to discuss it.
I want to call the house's attention to section 59 of the Quebec labour code. If my information is accurate, section 59 provides what I would call, based on my old notions of law, an evergreen clause. I am not sure whether the hon. member for Mercier will let me say this, because she is much more familiar than I am with labour law, but it seems to me there is something tacit in what is being proposed, something akin to an evergreen clause.
What does this mean? It means that when negotiations are undertaken-and later on we will elaborate on the process proposed by the minister-since currently there is no provision in the Canada Labour Code similar to the one in section 59 of the Quebec labour code, and since the government did not want to include such a provision, workers could be deprived of the protection afforded by the evergreen clause, which provides that a collective agreement is deemed to be in effect until a new one, hopefully a negotiated one, comes into effect.
This is what our proposed amendments seek to provide. These provisions were suggested by a number of witnesses, including the CSN. I fail to see how the government could reject these amendments. One would have a hard time finding arguments against these very sound proposals.
This concludes my explanation. I am very optimistic that the government will support our amendments.