Debates of March 23rd, 1999

Division No. 359

[Don Boudria, Liberal, Glengarry—Prescott—Russell, ON]

Mr. Chairman, I move:

That Bill C-76, in clause 20, be amended by adding after line 20 on page 8 the following:

“(6) If the employer, the bargaining agent and employees become bound by a collective agreement concluded by the employer and the bargaining agent before terms and conditions of employment applicable to those employees are prescribed under subsection (1), subsections (1) to (5) and section 22 are deemed to be spent in respect to those employees”.

[The Deputy Speaker]

Is it the pleasure of the committee to adopt the amendment?

[Some hon. members]

Agreed.

[Some hon. members]

On division.

(Amendment agreed to)

[Pat Martin, NDP, Winnipeg Centre, MB]

Mr. Chairman, I move:

That clause 20 of Bill C-76 be amended by replacing lines 25 to 36 with the following:

“20(1) The Governor in Council shall implement the recommendations of the report of the Conciliation Board to the chairperson of the Public Service Staff Relations Board as delivered to the parties on March 19, 1999”.

If we have any real commitment to the whole process of free collective bargaining, if it has not fallen completely by the wayside, we will accept the recommendations of the conciliation officer. The government and the Public Service Alliance jointly went into conciliation in good faith thinking that the outcome would be recommendations by that board. The board made the presentation after considering all the facts put before it. It carefully looked at the idea of harmonizing the corrections officers with the RCMP, but it actually fell short of that. It therefore is not a very radical recommendation. It is very much a compromised position in the best spirit of a good conciliation officer's report.

We believe that we have put this whole thing to bed in a peaceful way and have sent a good message to the country. We all want to go to bed. We could stop short of this heavy-handed intervention of back to work legislation. We could have a negotiated settlement, or the next best thing to it, which is the implementation of the recommendations of the conciliation board.

I would ask for the support of the House for the motion.

[The Chairman]

Is it the pleasure of the committee to adopt the amendment?

[Some hon. members]

Agreed.

[Some hon. members]

No.

[The Chairman]

All those in favour of the amendment will please say yea.

[Some hon. members]

Yea.

[The Chairman]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Chairman]

In my opinion the nays have it.

(Amendment negatived; Yeas, 66; Nays, 127)

(On clause 20)

[Yves Rocheleau, Bloc, Trois-Rivières, QC]

Mr. Chairman, I move:

That, for reasons of conformity, Bill C-76, in Clause 20, be amended by deleting lines 18 to 20 on page 8.

[The Chairman]

Is it the pleasure of the committee to adopt the amendment?

[Some hon. members]

No.

[Some hon. members]

On division.

(Amendment negatived)

[Yvan Loubier, Bloc, Saint-Hyacinthe—Bagot, QC]

Mr. Chairman, I move:

That Bill C-76, in Clause 20, be amended by replacing lines 31 to 42 on page 7 and lines 1 to 7 on page 8 with the following:

“20. (1) The President of the Privy Concil shall, after the coming into force of this Act, appoint a mediator-arbitrator and refer to the mediator-arbitrator all matters that, at the time of the appointment, remain in dispute between the parties in relation to the conclusion of a new collective agreement.

(2) The mediator-arbitrator shall, within ninety days after being appointed, a ) endeavour to mediate all the matters referred to in subsection (1) and to bring about an agreement between the parties on these matters; b ) if the mediator-arbitrator is unable to do so, hear the parties on the matter, arbitrate the matter and render a decision; c ) ensure that any agreement or decision referred to in paragraph ( a ) or ( b ) is in appropriate contractual language so as to allow its incorporation into the collective agreement; and d ) report to the President of the Privy Council on the resolution of all such matter.

(2.1) The mediator-arbitrator has, with any modifications that the circumstances require, a ) for the purposes of the mediation referred to in paragraph (2)( a ), all the powers of a conciliation commissioner under section 84 of the Canada Labour Code ; and b ) for the purposes of the arbitration referred to in paragraph (2)( b ), all the powers and duties of an arbitrator under sections 60 and 61 of that Act.

(2.2) The time during which the mediator-arbitrator may perform the duties and exercise the powers under this section may be extented by the President of the Privy Council or by mutual consent of the employer and the bargaining agent.

(2.3) As of the day that the mediator-arbitrator reports to the President of the Privy Council under paragraph (2)( d ), the collective agreement shall be deemed to be amended by the incorporation into it of a ) any agreement resolving the matters in dispute between the employer and the union arrived at before, of pursuant to, mediation; and b ) any decision of the mediator-arbitrator in respect of any matters that were arbitrated.

(3) The terms and conditions prescribed under subsections (1) to (2.3) constitute a new”

[The Chairman]

Is it the pleasure of the committee to adopt the amendment?

[Some hon. members]

No.

[Some hon. members]

On division.

(Amendment negatived)

[The Chairman]

Shall clause 20, as amended, carry?

[Some hon. members]

Agreed.

[Some hon. members]

On division.

(Clause 20, as amended, agreed to)

(On Clause 21)

[Don Boudria, Liberal, Leader of the Government in the House of Commons]

moved:

That Bill C-76, in clause 21, be amended by replacing lines 24 and 25 on page 8 with the following:

“collective agreement referred to in paragraph 19(a) or a collective agreement referred to in subsection 20(3), whichever is applicable, has effect”.