Madam Speaker, I appreciate the niceness of my colleagues this evening.
I am pleased to stand today in support of Bill C-19, an act to amend part I of the Canada Labour Code.
An important conclusion of the Sims task force, whose work contributed greatly to this bill, was that the Canada Labour Code is generally accepted by labour and management groups as a viable framework which has facilitated collective bargaining in the federally regulated private sector.
Accordingly, the bill does not seek to drastically overhaul the Canada Labour Code. Rather, it seeks to bring the code more into line with present realities.
This bill has two very important objectives, to update regulations governing the collective bargaining process so that it can function more effectively, and to improve the efficiency of the administration of the federal labour law. Both of these objectives are very timely.
The last time part I of the Canada Labour Code was subjected to comprehensive amendments was in the early 1970s. As my colleagues will appreciate, the federally regulated private sector workplace, to which the code applies, has been subject to a number of significant changes since then.
Privatization of government services has meant the transfer of some jobs from the public service to the private sector. They are now regulated by the code. Deregulation policies such as open skies and the elimination of the Crow rate have changed the conditions of competition in a number of industries regulated by the code.
This has had a direct impact on collective bargaining as unions and management have realized that a work stoppage can have a serious impact on market share and profitability.
Changes in trade policies, the adoption of new technologies and changing market conditions have also had significant effect on the federally regulated private sector.
In the face of these changes, unions have generally been on the defensive. Employers have pressed for industrial change and the very existence of collective bargaining has come under some scrutiny.
I reject the view that collective bargaining is no longer relevant. The freedom of workers to organize and bargain collectively is a cornerstone of our democratic, market based society. It is the means by which employees claim a proper reward for their efforts.
Canadian employers also benefit from a collective bargaining system. It helps to ensure stability, predictability and efficiency. For example, more than 95% of collective agreements in Canada are negotiated without a work stoppage. When problems do occur, the services of experienced and effective mediators and conciliators are available to assist in finding solutions.
Economic growth and social development depend as much on social relations and social processes as on technology and capital. In times of dramatic economic change, globalization and new trading blocs, it is important that we have in place an efficient, effective and responsive collective bargaining system.
I would like to discuss just a few of the measures contained in this legislation which will ensure that we have such a system in place as we face the challenges of the future.
This bill would significantly improve the administration of part I of the code by restructuring the Canada Labour Relations Board. The non-representational CLRB would be replaced with a representational Canada industrial relations board. The new board would be made up of a neutral chairperson and vice-chairpersons and equal numbers of board members representing labour and management groups. This would increase the confidence of those appearing before the board that their submissions are fully understood and properly reviewed.
Decisions made by the board, especially those involving the exercise of the board's discretion, would be more credible in the eyes of both labour and management.
The appointment of part time regional representatives of labour and management would significantly improve the cost effectiveness of the board, allow the board to benefit from the expertise of persons who are active on each side in the labour relations and foster links between the board and the labour relations communities.
Measures to reorganize the board contained in the bill would also make it more flexible, allowing it to respond much more quickly to both routine and emergency issues. Rather than a three member panel, for example, a single vice-chairperson would be able to resolve some cases. In some cases such as preliminary motions or requests for the extension of time limits this simply makes sense.
Access to the board would be enhanced by a repeal of the provision which requires the parties to obtain ministerial consent before filing an allegation of bad faith bargaining. This would be particularly significant in cases where an immediate hearing is needed to break a deadlock in negotiations.
This bill would give grievance arbitrators a number of important new procedural powers. These would make for a more flexible and efficient arbitration process and would be an important step in ensuring that grievance arbitration is reserved for the resolution of disputes that the parties cannot resolve on their own. These new powers are necessary because the arbitration process has become more and more complex.
I believe that the administration of the Canada Labour Code would also be enhanced by the provisions in the bill to strengthen the federal mediation and conciliation service. This service is important and has repeatedly proven extremely effective in helping management and labour to reach collective agreements. The economic impact of work stoppages prevented by the FMCS is incalculable.
A final provision of the bill which would improve the administration of the code is the requirement that the Minister of Labour meet occasionally with representatives of labour and employer groups and with labour relations experts. This will allow the minister to receive advice and feedback from the labour relations community, a good thing I would think.
One of the benefits of Canada's long history of free collective bargaining has been the development of an exceptionally talented labour relations community. It is appropriate that the code be amended so that the minister can take full advantage of the talents of our mediators, facilitators, arbitrators, fact finders, adjudicators and labour relations academics.
Time prevents me from discussing the many other provisions of this legislation which will improve the effectiveness and efficiency of the Canada Labour Code. Allow me to conclude by saying simply that this bill recognizes what labour and management groups have already said, that the code is an effective framework for collective bargaining in the federally regulated private sector. The bill seeks to improve the efficiency and relevance of this framework and not to replace it. Faith in collective bargaining and in the labour relations community is central to this bill.
The provisions of the bill are based on extensive consultations with union leaders, representatives of employer groups and other interested parties across the country. Although these parties agree that part I of the Canada Labour Code has functioned well in the past to provide a stable environment for collective bargaining, they also agree that the time has come to amend the code, to make sure it continues to function well into the next century.
I am proud to support this legislation because I believe that it will help both employers and employees in the federal jurisdiction by providing them with the type of modern and relevant collective bargaining and labour-management system that they deserve.
This bill deserves all of our support.