Mr. Speaker, I listened with interest to my colleagues across the way and I am dismayed to hear about the fact that suddenly we have invoked time allocation.
I ask hon. members across the way where they were during the discussions on Bill C-19. I would like to know where they were during the course of the filibuster when we had members of the official opposition obviously needing to go back to labour code 101 to understand the basics. It was very disappointing to see that of the 97 clauses there were nine amendments proposed by the official opposition, seven on clause 2.
On the road to Damascus they suddenly discovered the light. They discovered all sorts of new amendments. Where were they during the course of the debate that I participated in? I understand that members of the New Democratic Party were there. Unfortunately the Conservatives were not there during the filibuster. To suggest that the government is try to bring in closure on this important bill is absolutely ludicrous.
Dealing with the substance of the amendments before us, the approach in Bill C-19 is a very careful compromise on a very difficult issue. We recognize an employer's right to hire replacement workers for legitimate purposes. However, their use for the purpose of ridding the workplace of union representation would be unfair labour practice. This was the recommendation of the majority.
My colleague opposite talks about the fact that it was not unanimous, but the majority of the members of the Sims task force supported it. It was part of the overall package of recommendations which both labour and management considered acceptable.
Motions have been put forward which would radically alter this provision and therefore upset the overall balance of the proposed amendments we are trying to achieve. One motion calls for a general prohibition of the use of replacement workers. Another motion seeks to eliminate any restriction on their use. Still another motion seeks to add additional wording.
This provision was carefully examined during the parliamentary study of former Bill C-66. Again I hear that we are trying to rush the legislation through. Bill C-66 died when the election was called. We have been told time after time that this is an improvement on Bill C-66. If we are rushing the bill, I would like to know where the opposition was.
Some employer groups raised concerns about the wording of the provision in the former Bill C-66. They wanted the full text of the task force recommendations to be included. This was also the recommendation of the Senate committee which also studied the former Bill C-66.
What did the government do? The Minister of Labour responded to these concerns and changed the wording of the replacement worker provision in Bill C-19 to fully reflect the task force recommendation. To repeat that for the opposition, to make sure that the replacement worker provision was fully implemented the task force recommendation was put into the bill. Major federally regulated employers who appeared before the House committee during the study of the bill indicated that they were satisfied with the new wording. If members of the opposition were there they certainly would have heard that.
To those who wish to eliminate the provision I say there must be an appropriate remedy when an employer hires a replacement worker and then refuses to bargain in good faith. This provision provides in my view and certainly in the view of the government such a remedy.
When the television cameras are on we now get all the amendments. Obviously we need to have television cameras on all the time in committee and then maybe we would have some serious work done.
To those who want to prohibit the use of replacement workers a total ban on replacements would undermine the balance. The bill is trying to achieve a balance.
Finally to those who think more wording is needed I refer them to the position of the Canadian Chamber of Commerce.
Maintaining its objection to the rationale for amending the code to include such a provision, the chamber representative told the standing committee:
We are pleased that the federal government heeded our concerns with respect to the earlier wording of this provision and is proposing to amend the legislation accordingly. In particular, the addition of the words “rather than the pursuit of legitimate bargaining objectives” in proposed subsection 94(2.1) will ensure that any tribunal interpreting this legislation will be guided by the explicit obligation to consider the reason why the employer may have hired strike replacements rather than only the protection of a union's representation rights, as was the case under Bill C-66.
It is my view that the provisions that have been put forward in terms of the amendments be voted down.