Madam Speaker, I am pleased to have this opportunity to speak in support of Bill C-19 which would amend part I of the Canada Labour Code regarding industrial relations and makes the Canada industrial relations board more effective. I have met with constituents on this bill. They have encouraged me to support C-19 and hope the House passes it forthwith.
This bill contains a number of important and timely amendments to part I of the Canada Labour Code. This part of the code applies to over 700,000 workers and their employers in the federally regulated private sector. This includes industries such as banking, interprovincial and international transportation, airports and airlines, broadcasting, telecommunications, port operations and grain handling.
Members in this House know that at a time when the global economy is becoming increasingly competitive, it is crucial that governments lead the way with forward looking legislation such as C-19 put forward by the Minister of Labour.
It is also essential that the strategically vital infrastructure industries that I have mentioned are able to operate as efficiently as possible. This means that we must invest capital in these industries. But just as important, it means that we must invest in our labour relations institutions.
Our dispute resolution process must be as modern, as effective and efficient as possible. This is precisely the objective of this legislation, to modernize part I of the Canada Labour Code and improve labour relations in the federal workplace.
As members from the previous Parliament will know, this bill is almost identical to Bill C-66 which was approved by the House last April.
It is my belief that the new C-19, as was the former bill, is a legislative initiative which achieves the exceedingly difficult task of balancing the interests of workers with the interests of employers. It accords certain rights to each party but also demands that both sides act in the interests of their own membership and in the interests of the general public.
I firmly believe that this bill is a model of how labour legislation should be developed. During each stage of the legislative process, labour and management have been at the heart of it all expressing their opinions and offering their considerable expertise.
It is useful to point out that consultations began almost three years ago when the Minister of Labour asked the task force to review part I of the Canada Labour Code and then to offer recommendations or needed changes. The task force was led by Mr. Andrew Sims, a respected and non-partisan labour relations expert. He and his colleagues criss-crossed the country meeting with labour and business representatives, labour law practitioners, academic experts and ordinary citizens concerned about what was going on in our workplaces.
In terms of identifying issues in areas in which agreement between management and labour was possible, the task force certainly benefited from the excellent contributions of a labour-management consensus group. Membership in this group included representatives of the Canadian Labour Congress, the Confederation of National Trade Unions, the Canadian Federation of Labour, the Federally Regulated Employers, Transportation and Communications, the Western Grain Elevator Association and the Canadian Bankers Association.
The Sims task force compiled the results of the consultations and resulting recommendations in its final report entitled “Seeking a Balance”. There is a significant and recurring theme in this report. It is that the Canada Labour Code is generally regarded by labour and management groups as an effective labour relations framework which has facilitated collective bargaining in the federally regulated private sector. Of course I must add that there is still room for improvement.
In the remainder of my time I would like to focus on one such area where changes are required. It is in the structure and role of the Canada Labour Relations Board.
The task force examined many aspects of the board, including its non-representational structure. Since 1973 the board has been made up entirely of public appointees. None of these members is designated as either representing labour or management. In this regard the structure of the board differs from labour boards in almost every other Canadian jurisdiction. This must change.
Fortunately the Sims task force achieved a consensus between management and labour on this very item. All sides agreed that a representative board would have at least four related benefits.
First, for those appearing before the board, they would have more confidence in the process knowing that their cases are fully understood and properly reviewed. Second, decisions made by the board would generally be more acceptable to both labour and management. Third, it would provide some assurance that when the board exercises discretion, as it often must, that it would be on the basis of practical real world industrial relations experience. Fourth, the presence of a friendly viewpoint of the board would help the parties involved in the dispute to feel more comfortable about offering and accepting compromised solutions.
This bill adopts an approach recommended by the Sims task force. The non-representational Canada Labour Relations Board will be replaced by one that does represent each side. The new more credible board will consist of a neutral chair and vice-chair and equal numbers of board members representing labour and management groups.
A second aspect examined by the task force was regional representation. It is not credible to have all members from the national capital region. Regionally based members will help to improve the visibility, accessibility and credibility of the board.
The task force examined whether the board members should be committed on a full time or part time basis. The report noted that many provincial boards have part time members which is cost effective while it enables the boards to benefit from the expertise and experience of people still active in labour relations and not stuck in Ottawa as full time bureaucrats.
However concerns were expressed about part time regional members. Some suggested that regional decisions would be made by part timers with other large demands on their schedules and would not be available for long drawn out cases.
In the Canadian way, the task force recommended a balanced blend. A core of full time adjudicators located in the national capital region will be joined by part timers located in the regions. This seems to gain the best of both worlds.
On these questions the government has listened to the respected members of the Sims task force. The bill provides for the appointment of part time and regional members. This will significantly improve the cost effectiveness of the board. It will give the board access to labour relations experts and it will improve the links between the board and the labour relations community.
The consultation that led to this bill identified the inflexibility of the Canada Labour Relations Board in responding to routine and urgent cases. One approach recommended was to move from the system of a three person panel to a one person panel. Many routine cases can be adequately conducted by a one person panel.
I stress that as a result of this legislation the major criteria for appointment as chair or vice-chair will be competence, as it should be. A clause will be inserted into the code to reiterate that these people must have experience and expertise in industrial relations.
In addition, the flexibility of the board will be enhanced by the repeal of the provision that requires the parties to obtain ministerial permission before they file an allegation of bad faith bargaining. This will be particularly significant in cases where an immediate board hearing is needed to break a deadlock.
The board's remedial powers will be expanded to ensure good faith bargaining. An amendment will confirm the ability of the board to direct one side to include or withdraw specific terms in a bargaining position in order to rectify a failure to bargain in good faith.
Time does not allow me to outline the many more improvements to the Canada Labour Relations Board contained in Bill C-19. It is fitting that the government, which has consulted broadly, is proposing a board that can take full advantage of the skills of the labour relations community. Labour relations boards are extremely important agencies. Their work affects thousands of employees and thousands of businesses.
I congratulate the minister on the work thus far and for looking forward in establishing a labour relations system that will instil confidence in Canadians.