Debates of March 23rd, 1999

Division No. 359

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

Mr. Chairman, I move:

That Bill C-76, in Clause 6, be amended by replacing lines 14 to 16 on page 3 with the following:

“bargaining agent and the employees until the earlier of

(a) the day they become bound by a single collective agreement concluded by the employer and bargaining agent, and

(b) the day they become bound by the collective agreement referred to in subsection 7(3).”

[The Chairman]

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

[Some hon. members]

Agreed.

[Some hon. members]

On division.

(Amendment agreed to)

[The Chairman]

Shall clause 6, as amended, carry?

[Some hon. members]

Agreed.

[Some hon. members]

On division.

(Clause 6, as amended, agreed to)

On clause 7

[Don Boudria, Liberal, Government House Leader]

Mr. Chairman, I move:

That Bill C-76, in Clause 7, be amended by adding after line 3 on page 4 the following:

“(6) If the employer, the bargaining agent and the employees become bound by a single collective agreement concluded by the employer and the bargaining agent before terms and conditions of employment applicable to the employees are prescribed under subsection (1), subsections (1) to (5) and section 9 are deemed to be spent.”

[The Chairman]

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 7 be amended by adding after line 28 the following:

(c) the introduction of seven new pay zones to be reconfigured in the following way: (i) Merge Zone 2 Atlantic with Zone 3 Quebec; (ii) Merge Zone 6 Manitoba, Zone 7 Saskatchewan and Zone 8 Alberta; (iii) Add Banff, Alberta to British Columbia.

[The Chairman]

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

[Some hon. members]

No.

[Some hon. members]

On division.

(Amendment negatived)

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

Mr. Speaker, I move:

That Bill C-76, in clause 7, be amended by deleting lines 1 to 3 on page 4.

[The Chairman]

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

[Some hon. members]

No.

[Some hon. members]

On division.

(Amendment negatived)

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

Mr. Chairman, I move:

That Bill C-76 in Clause 7, be amended by replacing lines 17 to 35 on page 3 with the following:

“7. (1) The President of the Privy Council 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 those 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 matters.

(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 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 extended 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, or pursuant to, mediation; and b ) any decision of the mediator-arbitrator in respect of any matters that were arbitrated.

(2.4) The terms and conditions prescribed under subsections (1) to (2.3) constitute a single”

You have no doubt understood that, for the Bloc Quebecois, it is essential that we come back to a process which provides for arbitration in the negotiations between the government and its employees. I think there is a monumental shortcoming here, and in the past the government has taken advantage of its employees. This has been shown time and time again. It is high time that this situation be remedied.

Well aware of the good faith and the capabilities of the President of the Treasury Board, I am certain that he will implement this very fine recommendation. I know I am pushing it a little when I mention capabilities, but we will let the minister answer, as we know he is capable of acting in good faith if he wants to.

[The Chairman]

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

[Some hon. members]

No.

[Some hon. members]

On division.

(Amendment negatived)

[The Chairman]

Shall clause 7, as amended, carry?

[Some hon. members]

Agreed.