Mr. Speaker, I am disappointed that my speech is not so exciting that everyone in the House would want to stay and listen.
Motion No. 7 calls for the inclusion of a clause requiring that the board hold a certified representational vote on union certification when 35% of the employees sign cards requesting union certification. In its current form the Canada Labour Code states the board may hold such a representational vote but does not bind it to it.
This means the board could choose to ignore the wishes of workers in one respect or another. Union certification may be forced on workers or denied to workers if such a democratic process is not in place. The proposed clause ensures that the wishes of the majority are heard and upheld.
The second motion in this group moved by the hon. member Wetaskiwin is Motion No. 30. This motion has my unwavering support and should have the support of every other member in this House.
Motion No. 30 calls for the removal of clause 46. Clause 46 allows the board to certify a trade union despite lack of evidence of majority support. This is the issue that has caused all the controversy this afternoon, the trampling of democracy and the lack of respect for the democratic rights of union workers.
This is unacceptable and it allows for the board to make assumptions about the wishes of the workers. This clause suggests that it is acceptable for the board to force union certification on workers if it believes that it was only unfair labour practices that prevented workers from voting in favour of union certification. This might be acceptable if there were a concrete way to determine unfair labour practices. The reality, however, as exemplified in the Wal-Mart case is that the board does not always know the minds of workers.
In the Wal-Mart case the board assumed that Wal-Mart was using intimidation tactics to bully workers into voting against trade certification. This was not the case and now the workers have launched a decertification drive.
This clause leaves it up to the CIRB to determine what constitutes unfair labour practices and in essence to presume to know the minds of the workers better than the workers themselves.
To go against the wishes of the workers and to override their democratic right to determine the majority opinion through a representative vote is absolutely unacceptable. Members from the other side of the House are saying this clause protects workers who are being intimidated by their employers. However, if this is the case, that employees are afraid to vote honestly by secret ballot, then there is something wrong with the voting process and not with the way this legislation operates to protect them.
I certainly cannot support this bill in its current form without other amendments being proposed.