Mr. Speaker, there is a feeling in the House that this is an important debate and that there should be some close attention paid. That sends a signal. We are now speaking on changes to the labour code. There are four motions in Group No. 2. I will make a few brief remarks to assist my colleagues in making a good decision with respect to these proposed amendments.
The first Bloc amendment states that the provision in the bill that allows the board to make decisions without oral hearings should be deleted. In other words, the board must hold oral hearings in every case before it makes a decision. On the face of this there could be some good arguments for saying that decisions should not be made without proper evidence being before the board. So it would not be palm tree justice but there would be some real evidence. There would be a balanced review of the evidence before making a decision.
The background of this provision in the bill would allow the board to make decisions not without evidence but with written rather than oral evidence. If after reviewing the written evidence the board feels that an oral hearing is necessary, it could proceed to that stage of the process. The debate on this amendment is whether the board should be required in all cases to receive oral evidence before it makes decisions or whether it can make decisions based only on written evidence in some cases. It was envisioned that this would be on minor issues although there would be nothing to keep the board from making major decisions without oral evidence.
There are arguments on both sides of the issue. At this stage it might be good to give the board the flexibility to make some procedural and minor decisions based simply on written evidence in order to expedite its proceedings and to make sure there is not a backlog or an administrative overload on the board. There could be a concern that the board might abuse that, that it might make decisions without receiving the proper evidence or allowing all the parties to have their say. If that is a real and substantial concern, then the Bloc's motion makes some sense. We need to weigh that carefully. As the parliamentary secretary is fond of saying, we need to come out with a balance on it.
The second amendment was put forward by the official opposition. It has caused some interesting fireworks in the House due to a misinterpretation of this amendment by one of the NDP members, a member who almost never makes that kind of mistake. I have the highest respect for that member and his logic process.
However, in this case the bill provides that if 35% of workers say that they want a representational vote, then the board may call a vote. Our amendment states that if 35% of workers want a representational vote, then the board shall call a vote. In other words, democracy shall work, not may work, if the board decides that workers get the great gift of getting to exercise democracy.
If the NDP feels that having to hold a representational vote with only 35% of members indicating they want certification is not democratic, that it should be 50%, I would very strongly support an amendment to raise the bar from 35% to 50%. I invite my friends in the NDP to make that amendment if they feel that there needs to be even stronger democracy in this provision.
At this point we would be content to say to workers that if a reasonable number want union certification then there will be a vote as to whether that will be put into place. If the NDP wants that number of workers to be raised then it can make an argument for doing that. At this point the issue is not the number of workers who want certification, it is the fact that even if some workers do want certification the board may or may not choose to allow them to make that decision. That totally flies in the face of democracy, which is something that the New Democrats I am sure would find absolutely repugnant. I know they will be strongly in support of this democratization amendment put forward by the official opposition.
In our country as far as I know, although I know some Liberal backbenchers would argue with me, we still have a democracy. I know that democracy is flouted and abused and repressed, sadly, in procedures of the House as we perceived recently, but it is still a principle that even the government pays some lip service to. I hope we would not be denying our workers the democratic traditions of our country, not stripping away their democratic rights and replacing their ability to make free and self-determining decisions and having their rights replaced by some appointed board which decides what is best for them.
Surely this dictatorship approach, this father knows best, this small group of elites knows best for the workers should be absolutely repugnant to every party in the House, most especially to the NDP. I expect that this amendment will pass very easily because of our fervent and deep commitment to the democratic process in this country.
The next motion is a Bloc motion which says that if there is a representative of employers, a group of employers, in bargaining negotiations and if even one employer from that group makes an application then the employer representative will be turfed and replaced by somebody else the board chooses. What the Bloc is essentially saying is that unless there is unanimity an employer representative is going to be toast.
We have to think through the implications of this. If there has to be unanimity on the part of the employers before someone can act on their behalf, then are we going to apply the same principle to workers and say there has to be unanimity among workers before a union can act on their behalf? If that is the case there would have to be 100% vote to validate the certification of a union to represent workers. Because the unanimity principle has been put into place for employers, in fairness the same principle should hold true for employees, for workers.
Is the Bloc saying that its unanimity principle is the one we want to go on in this respect? I do not think so. I think the democratic principle is based on a majority decision. Unless the block is saying there has to be unanimity across the board in the expression of who is going to represent both employers and employees, clearly it would be very inconsistent, very unfair and be a completely tilted playing field were we to support the Bloc motion. I appeal to my friends in the Bloc to consider how illogical this amendment is unless they are going to follow it up with the requirement of unanimity among workers before a union can be certified.
The last amendment is a Reform amendment. It essentially addresses the democracy principle as well, saying that we must get rid of the provision that the board can certify a union even if the workers say they do not want one, if the board says that there was an unfair labour practice. I do not have time to get into this. I know that many of my colleagues will speak eloquently and fervently on this.
Suffice it to say that if we really believe in democracy in this country we had better start putting our money where our mouth is in this kind of legislation.