Mr. Speaker, I welcome the opportunity to participate in the debate on this important question of labour policy.
Bill C-224 seeks to amend the Canada Labour Code and more specifically part I of the code dealing with labour-management relations. As members will recall, there are three parts to the Canada Labour Code. Part I deals with labour relations issues, part II deals with workplace safety issues, and part III deals with workplace standards. The proposal to prohibit employers from hiring replacement workers pertains to part I of the code.
It was not that long ago that the Government of Canada went through a lengthy period of consultation with stakeholders in the labour community, including representatives of both employers and employees, prior to introducing amendments to part I that were debated and passed by the House.
The issue of replacement workers was considered carefully at that time, both through consultation and debate in the House. During the public consultation process it became clear there were two opposing positions being taken on the issue of replacement workers. Some thought there should be a general prohibition on the use of replacement workers during strikes or lockouts. The opposing view was that there should be no prohibition on the use of replacements.
The government sought to find a balance between these two positions. It proposed an amendment to part I of the Canada Labour Code to prohibit employers from hiring replacement workers if that action would harm the legitimate bargaining objectives of the unions. It was not to be a complete ban on replacement workers, but at the same time it would not allow employers to bring in replacement workers to prevent the union's legitimate bargaining objectives. That amendment was passed by the House as part of a package of reforms to the Canada Labour Code and came into effect in 1999.
There are still opposing points of view on the issue. Bill C-224 reflects one of these points of view but there remains two sides to the issue. One difference lies with being part of the government or being in opposition. An opposition member can afford to promote a particular point of view, but the government must take a stance with a broad perspective and act in the overall national interest.
That is what the government did when the matter was before the House earlier and that is what it would do now. I do not mean to dismiss the concerns raised by the member opposite. Indeed, we recognize she is representing a valid point of view that is held by particular interests.
We believe part I of the Canada Labour Code is able to deal fairly with the issue of replacement workers in the federal jurisdiction by accommodating the competing values and interests of employers, unions and employees.
I will explain how the existing legislation brings a balanced approach to the issue. The law that came into effect in 1999 did not impose a general prohibition on the use of replacement workers during a legal work stoppage. However, the law did prohibit the use of replacement workers for the demonstrated purpose of lessening a union's representational capacity rather than the pursuit of legitimate bargaining objectives. Such action could be described as an unfair labour practice.
If a union or employee organization believes an employer is involved in unfair labour practices, as just described, it has the option of filing a complaint with the Canada Industrial Relations Board. The board is an independent quasi-judicial tribunal responsible for the interpretation and administration of part I, and certain provisions of part II, of the Canada Labour Code. Its members include representatives from employer, union and independent third party groups.
If employees governed by the Canada Labour Code dispute the motives of an employer in using replacement workers they have the choice to go to the Canadian Industrial Relations Board which has the expertise and the mandate to deal with labour relations issues. It is the board's responsibility to determine the underlying causes of disputes and to help find agreement among the parties. In practice however, the Board receives few complaints of unfair labour practices under the replacement workers category.
How much of a problem is this? As a practical matter most federally regulated employers do not hire replacement workers during work stoppages. Instead, they reassign management or other non-bargaining unit personnel.
A recent study entitled “Impacts of Strike Replacement Bans in Canada” raised some questions about the conventional thinking concerning the relationship between a ban on replacement workers and the length and number of strikes. For example, the researchers discovered that a prohibition on replacement workers was associated with more frequent and longer strikes. These findings contradicted the perception that the absence of a provision in the Canada Labour Code for an outright ban on the use of replacement workers contributed to an increase in the number and duration of work stoppages. The study underlined the complex nature of this question.
The government believes the balanced approach that is set out in part I of the Canada Labour Code is the best way to deal with the issue in the federal jurisdiction. We do not see any compelling reason to change the law now.