Madam Speaker, I am pleased to have the chance to speak to the bill to amend part I of the Canada Labour Code.
I am proud to support the legislation because I believe strongly in collective bargaining. The bill does not create any unfair advantage for anyone. In fact it balances the needs and interests of workers, employers and the Canadian public. Therefore it is good for the Canadian economy of today and tomorrow.
Canada has been well served by its system of collective bargaining. We know that labour and management groups in the federally regulated private sector view part I of the Canada Labour Code as a viable framework which has facilitated the process.
We are also beginning to see a new level of co-operation between management and labour and new styles of negotiation. These new developments challenge us to find the proper balance between a number of goals and objectives. A balance must be found between social and economic goals. Work is a form of personal social expression and a source of economic security.
A balance must also be found between instruments of labour policy. Property rights, for example, must be balanced against protection of freedom of association. A balance must also be found between rights and responsibilities.
While our system of collective bargaining conveys certain rights to management and labour, it is also based on the expectation that labour and management will meet the responsibilities to bargain fairly and in good faith.
We are also facing global economic challenges and increasingly competitive markets. Our collective bargaining system must be flexible enough to ensure that labour disputes can be resolved speedily and positively. Enhanced co-operation will lead to greater productivity, increased employment security and more participation by workers in workplace decisions.
The legislation contains a number of important reforms and innovations which together accomplish the difficult task of finding the proper balance between the interests of workers, employers and the Canadian public.
The following reforms and innovations will prepare us for the economy of the 21st century.
First, a new Canada industrial relations board will replace the Canada Labour Relations Board.
The new board will include a neutral chairperson and vice-chairperson and equal numbers of members representing employers and employees. The new board will be more flexible and able to act more quickly and its powers will be more clearly defined. This will ensure that complex labour-management disputes can be fully addressed and it will be possible for appropriate actions to be taken in the event of unfair labour practices.
Second, the federal mediation and conciliation service will be strengthened and its neutrality will be enhanced by defining its role by statute. These amendments will help to emphasize the fact that dispute resolution and prevention are important aspects of our collective bargaining policies.
Third, the right to strike or lockout will be subject to the holding of a secret ballot within the previous 60 days and the provision of 72 hours notice.
Fourth, replacement workers will not be banned outright. Rather, the board will be given the power to stop their use if it finds that they are being used as an unfair labour practice to undermine a union. At the same time, the legitimate rights of employers to continue their operations during a stoppage of work is recognized without undermining the strength of the union.
Fifth, employees will be entitled to insurance and benefit programs during work stoppages.
Each of these measures will ensure that part I of the code contributes to an effective and efficient collective bargaining system which is responsive to the needs of both employers and employees.
I will discuss the consultations that led to this legislation and the consensus that exists on the bill presently. This is important to better appreciate and understand why the bill is as it is today. Consultations began with preliminary discussions led by senior government officials with the labour movement, business groups and representatives of other groups with an interest in the federally regulated private sector. These discussions identified major areas of agreement and disagreement concerning required amendments to part I of the Canada Labour Code.
Following these preliminary discussions, a task force of exceptionally able and credible labour relations experts was established to examine part I of the code and to make recommendations to the Minister of Labour. The three person task force was led by Andrew Sims, an Edmonton labour lawyer recognized for his accomplishments as former chair of the Alberta Labour Relations Board. Mr. Sims was joined by Paula Knopf, an accomplished arbitrator and mediator based in Toronto, and by Rodrigue Blouin, a professor at Laval University and a distinguished labour arbitrator.
The task force held public consultations in many cities, Halifax, Montreal, Ottawa, Winnipeg, Edmonton and Vancouver. More than 90 written submissions were received from close to 50 groups and individuals including major labour and business organizations. In most of the cities it visited, the task force also met informally with labour lawyers and labour law administrators. Full day meetings were held at the universities of Laval, Toronto and Calgary. These meetings provided academic experts in labour law and administration an opportunity to express their opinions.
The task force also benefited from the work of a labour-management consensus group made up of representatives of the Canadian Labour Congress, the Confederation of National Trade Unions, the Canadian Federation of Labour, the federally regulated employers, transportation and communication, the Western Grain Elevator Association and the Canadian Bankers Association. The work of this group was important in identifying issues in areas in which consensus was possible.
The Sims task force produced its report which included extensive recommendations early in 1996. The recommendations of the task force received strong support from both business and labour groups. An additional round of consultation involved meetings held by the Minister of Labour in April 1996 with representatives of labour, management and other groups in Vancouver, Regina, St. John's, Montreal, Toronto and Ottawa. These meetings gave the minister a chance to hear in person reactions to the recommendations of the task force.
Finally, the public had a chance, through the work of the Standing Committee on Human Resources Development, to express its views on Bill C-66, which was passed by the House of Commons in April 1997 and which was awaiting third reading in the Senate when the 35th Parliament was dissolved for the general election of June 2, 1997.
The concerns raised during the study of Bill C-66 have been taken into account in Bill C-19 now before the House. The amendments to part I of the Canada Labour Code are important and necessary.
They will not radically alter the current system but rather will encourage co-operative and productive labour-management relations and provide a framework for collective bargaining.
The legislation will establish a fair and balanced set of rules which will allow management and labour to define their own problems and to find their own solutions to the challenge of global economic change.
The legislation is the combination of extensive consultations with all parties with an interest in mounting a collective bargaining system for the 21st century.
I hope all members of this House will agree that the bill deserves their support because this bill is a fair and a balanced package of amendments based on recommendations of an independent task force of labour relations experts.
It has the general support of labour and management organizations subject to the code which have devoted considerable time and resources to a lengthy review and consultation process.
In conclusion, modernization of part I of the code is needed to improve the administration and functioning of the industrial relations in the federal private sector and to address changing workplace issues.