moved that Bill C-19, an act to amend the Canada Labour Code (Part I) and the Corporations and Labour Unions Returns Act and to make consequential amendments to other acts, be read the second time and referred to a committee.
Mr. Speaker, I am pleased to be able to rise in the House and lead off the debate on a bill that I believe is as important as any bill we will introduce in this session. It is for the labour and management stakeholders who are affected by its provisions.
Bill C-19 proposes major changes to part I of the Canada Labour Code, the legislation that provides the framework for collective bargaining for the federal private sector. Members who sat in the last session of Parliament will recognize much that is in this bill. It is very similar to former Bill C-66 which was passed by the House last April. That similarity is not without good reason.
For those who were not in the Chamber during the last session a bit of background might be useful. As hon. members might know, Canada and each of the provinces pass and administer their own labour laws. Jurisdiction is mainly dependent on the nature of the work being performed. The Canada Labour Code applies to industries that are in many cases of national significance.
These industries often cross provincial and international boundaries. Approximately 700,000 workers and their employers in interprovincial and international transportation, airports and airlines, broadcasting, telecommunications, banking, shipping, longshoring and grain handling come under federal jurisdiction. The code also applies to some crown corporations, as to private sector operations in the territories.
Although federal jurisdiction is relatively small in terms of numbers it is very important because of the key sectors it covers across the nation.
Amending this legislation which provides a process and procedures to the collective bargaining system is no small matter. Canada has had such labour legislation on its books for most of this century. It has changed over time of course to meet new demands and new circumstances, but it has served us remarkably well, so well in fact that the overwhelming majority of collective agreements in the federal jurisdiction are settled without the ultimate recourse of strike or lockout.
However, part I of the Canada Labour Code has not been substantially revised in over 20 years. In a world of incredibly rapid change on the technology, trade and economic fronts it is beginning to show its age.
In July 1995 the government established a task force of eminent labour relations experts chaired by Edmonton labour lawyer Andrew Sims to conduct an independent review of the legislation. The list of those making oral and written submissions reads like a who's who of Canada's respected union and management organizations.
Close to 50 groups and individuals made oral presentations and almost 90 made written submissions. In short, almost all the major players who would be affected by changes to part I placed before the task force their perspective of where changes were needed.
As part of the process, the task force made use of a key working group known as the labour-management consensus group. On the labour side were representatives of the Canadian Labour Congress, the Confederation of National Trade Unions and the Canadian Federation of Labour. On the employer side were the Federally Regulated Employers in Transportation and Communications, otherwise known as FETCO, the Western Grain Elevator Association and the Canadian Bankers Association. A senior official from the labour program acted as a facilitator for the consensus group.
The group managed to reach agreement on a number of key issues. Many of the group's recommendations became the recommendations of the task force, which in turn have found their way into this legislation.
The task force report was called quite appropriately “Seeking a Balance”. It was released in February 1996. The release was followed up with a series of cross-country meetings to hear the views of all the interested parties on the task force recommendations. The result was Bill C-66 introduced on November 4, 1996 and passed by this House in April. The bill was awaiting third reading in the Senate when Parliament was dissolved.
It is important to understand the history of this bill. It is substantially the same as its predecessor. Everything that made that bill balanced and fair, and the end product of extensive consultation with the very people it will affect, applies to this bill. To make sure that we have crossed all our t' s and dotted all our i' s, since becoming Minister of Labour last June, I spent the summer and much of the fall consulting these very same parties, including such major players as FETCO, the Canadian Bankers Association, the Western Grain Elevator Association, the Canadian Labour Congress and the CSN.
As a result of these discussions and listening to the parties, we have made some drafting changes which I will get to. I want to repeat that the principles and the merits of this bill remain the same. The proposed amendments are in their total endorsed by the main stakeholders. They are needed to bring our collective bargaining process in line with the demands and the realities of the 21st century. The details are best left for our committee hearings. Let me just review its broad strokes and point to where we have made some changes.
The old Canada Labour Relations Board will be replaced with one that is more representative of its clients. The new board will be called the Canada Industrial Relations Board. Like its predecessor, it will be charged with the orderly management of the collective bargaining process. It will have a neutral chair and vice-chairs, and this is the critical part, it will have equal employer and employee representation.
The new board will also have additional powers and responsibilities resulting in a more effective vehicle for addressing labour disputes with greater flexibility to deal quickly with routine matters.
We are introducing changes to representation and successor rights. One of the more important amendments in this group for example provides that when an undertaking moves from provincial to federal jurisdiction either through a sale or a change of activities, both the bargaining rights and the collective agreement will be carried over. In these fast moving times when ownerships and activities can change rapidly, this protection will prevent needless disruption in labour-management relations.
On the representation side, one of the more contentious amendments for Bill C-66 dealt with providing names and addresses of off site workers to trade union representatives. The workers in question are often home workers or those who, for whatever reason, do not perform their duties at a work site. These employees by virtue of being off site can often be excluded from participating in decisions about collective bargaining.
The concerns of the employer about releasing names and addresses centred around the issue of privacy. Let me assure members that I have listened to these concerns. I consulted with the stakeholders on both sides this past summer and modified this section.
The board will still have the discretion to give an authorized representative of a trade union a list of names and addresses of off site workers. However the board will now have clear authority to act as a transmitter of information itself if it concludes that privacy cannot otherwise be assured.
Furthermore, a statutory prohibition against the use of information provided under this section for other purposes has been added.
Finally, the board may order information to be transmitted to off site employees over the employer's electronic mail system. The employer retains control of operating the system.
I believe we have now succeeded in protecting the privacy rights of off site workers while offering them adequate opportunity of access to union information and decision making.
The bill includes a number of changes to the bargaining cycle designed to speed up the system, improve flexibility and encourage earlier settlement of disputes. A primary objective here is to reduce delays in the collective bargaining process. These amendments cover such matters as extending the period of serving notice to bargain from three months to four months, establishing a streamlined, single stage conciliation process, and the requirement for a secret ballot on strike and lockout votes.
We have also sought to clarify the rights and obligations of the parties during legal strikes and lockouts. The most controversial area was the use of replacement workers. As was the case in the previous bill, there will be no general prohibition on the use of replacement workers during a legal strike or lockout. However their use for the purpose of undermining a trade union's representational capacity would be an unfair labour practice.
Some claimed that the wording did not reflect the intent of the task force recommendation, a recommendation widely accepted by both labour and management as part of a package of recommendations. Others found the wording confusing, alleging that nobody knew what it meant and that the mere presence of a replacement worker would become unlawful.
While concerns about the clarity of the replacement worker provision in Bill C-66 were debatable, I have decided to act. Again, after consultation with the stakeholders this summer, the provision has been reworded to more accurately reflect the narrative used in the Sims task force majority recommendations.
The provision now explicitly points out that the use of replacement workers for the demonstrated purpose of undermining a union's ability to represent its workers rather than the pursuit of legitimate bargaining objectives will be an unfair labour practice. Where the board determines a violation has occurred, it can order the employer to stop using replacements for the duration of the dispute.
With these changes I believe we have adopted a reasonable middle of the road approach that can be accepted as a workable compromise by both labour and management.
It continues to be the policy of this government that industrial disputes are better settled by the players themselves. Curtailment of rights should only be a last resort and used under certain conditions such as the threat to public safety and health.
The proposed amendments will therefore require labour and management to maintain services necessary to prevent serious and immediate danger to public health or safety during a work stoppage. If they cannot come up with a workable solution for providing such protection, I as Minister of Labour could use my discretion to ask the board to make necessary determinations and directions to the parties to make sure that public health and safety are protected.
We have added particular provisions pertaining to disputes related to grain handling. Grain handlers and their employers will retain the right to strike or lockout. However in the event of a work stoppage involving other parties in port related activities, including longshoring, services to grain vessels being loaded at licensed terminals or transfer elevators must be maintained.
This will address the vast majority of the disruptions to grain exports at Canadian ports, most of which have not involved grain handling disputes directly. In fact since 1972, of the 12 work stoppages governed by the code at the west coast ports which have greatly curtailed grain exports, only three directly involved grain handlers.
The government's commitment to ensure this amendment works remains. The effectiveness of the grain provisions will be reviewed again in 1999 after the next round of west coast longshore bargaining. If this step is not strong enough to protect the vital flow of grain exports from our ports, then stronger measures will have to be considered.
Finally I would like to make a quick mention of the repeal of part II of the Corporations and Labour Unions Returns Act. The act deals with the collection and reporting of statistical information on labour unions.
Under part II of the act, Statistics Canada collects information on nearly every major labour union in Canada. However the agency has found a more effective way of collecting information. The information gathered under the proposed system could result in a more accurate picture of the role of unions in the Canadian labour market.
Statistics Canada proposes to obtain its information directly from Canadian workers. This amendment will save Canadian taxpayers $300,000 a year and the updated information will be more useful. These are the principal amendments proposed for part I of the Canada Labour Code.
I hope the House will indulge me when I suggest a cautious approach to making changes to this bill. I have outlined its history. The amendments proposed are the end result of many hours of consultation. It is not time to reinvent the wheel. It is not time to cherry pick one item or another to meet the needs of one constituency over another. It is not time to go back to the beginning.
We have the task force report. The bill reflects its work, which in turn reflects the expert input from the very stakeholders it will affect.
Passage of the bill will result in an industrial relations climate where labour and management will be able to resolve their differences in a more efficient and more positive environment. Better labour relations are good for everyone: for the employer, the employee and the people of Canada.
In short, this is balanced legislation. It is fair. It is up to date. It demonstrates that we have listened to Canadians. In large measure it reflects consensus.
There is only one thing left to do. Put it in law. It is time to get the job done.