Mr. Speaker, I want to say a few words on Bill C-328, an act to amend the Canada Labour Code.
We are all aware that the purpose of the bill is to prohibit employers under the Canada Labour Code from hiring replacement workers to perform the duties of employees who are on strike or locked out. We certainly need this kind of legislation in the country to balance the rights of all individuals, the rights of people who are on strike and the rights of the employers as well.
Clause 1 of the bill provides that workers get reinstated after a strike or a lockout is over. If the striker is not recalled, the onus is on the employer to prove why the striker was not recalled. That sounds eminently reasonable as well. Every individual who is on strike and withdraws services certainly has the right after a strike is over to go back to work. If the individual is not recalled he or she should have a right to demand of the employer that a reasonable reason be given as to why he or she was not recalled. That sounds eminently reasonable to me.
Clause 2 of the bill, proposed subsection 94(2.1), gives detail to the proposed legislation, namely that an employer cannot directly or indirectly employ people to do the work of those who are on strike or locked out. Again that sounds reasonable to me.
Proposed subsection 94(2.2) provides an employer with the right to take measures to avoid destruction of his or her property. I would certainly have to agree with that particular clause. Many employers I am sure suffer a great deal as well when a strike is on, when the strike gets a little out of hand and the employers suffer destruction of the property. This will give the employer the right to take measures to avoid destruction of his or her property.
Proposed subsection 94(2.3) actually constrains the ability of the employer to abuse the right that has been given to him or her under proposed subsection 94(2.2).
Proposed subsections 94(2.4), 94(2.5) and 94(2.6) give the Minister of Labour the tools to investigate breaches of the act.
It appears to me that everyone is covered under the bill. The employer is covered and is given certain rights. The employee is covered and is given certain rights. The government's interests under the Minister of Labour are looked after as well.
Clause 3 of the bill amends section 100 of the Canada Labour Code to provide a fine for people found guilty of breaching provisions of the act.
I support the bill. I have long been a supporter of the fundamental right of an individual to strike. I have always been very reluctant as a matter of fact to place any restrictions on an individual's right to strike, provided of course, and we all agree, that the strike is legal.
Bill C-328 is a way of making the right to strike more effective once a strike becomes a reality. As I said a moment ago, if it is a legal strike, I would be very reluctant indeed to place any restrictions on an individual's right to walk out legally.
There are people who might say that having Bill C-328 is like the labour movement wanting to have its cake and eat it too. However, I would have to ask, what use is cake if one cannot eat it?
Why should anyone be satisfied with having a right but no means to effectively enjoy the right?
All of us have seen many strikes in our lifetime. Some have been easygoing and friendly; others have been very acrimonious, loud and bitter. In every case however, the introduction of a replacement worker has always made the matter much worse than what it really should be. It has always raised the temperature on the picket line when a legal strike is in progress and all of a sudden a replacement worker is bused in. It always sets the devil, if you will, in people on the picket line and well it should. When people have been on a picket line in the rain for days, the sight of replacement workers being bused in is really a bit too much for people to handle.
The employer has certain rights, but we have to remember that the individual has the right to strike. He has won the right to strike and there should not be replacement workers coming in. When it happens, shouts will sometimes replace dialogue. Very often we see that push comes to shove and we see violence on the picket line. Maybe the bill will have the ability to curb some of that. Implementing Bill C-328 would reduce the incidence of acrimony and violence on the picket line.
Very often management employees do as much of the work of the striking employees as they can. However when those management employees start hiring assistants to help them do the work of the strikers, they are asking for problems. They are asking for trouble, because when they do that, it is another kettle of fish. A strike is about withdrawing services. It is not about having the services replaced with the services of other people.
We have to remember something very important as well: Life has to go on when the strike is over. Things get back to normal a whole lot more quickly if there is no nasty incident happening on the picket line and no people are shouting and fighting because replacement workers are coming in. Doing things professionally and rationally is in the best interests of both management and labour.
Let me conclude by saying that in labour relations, let the strike and the lockout be the weapons of the differing parties. Without something like Bill C-328 in spirit or in law, the weapons in labour conflicts can be harsh words or even fists. Let us have Bill C-328 or something like it. In other words, let us have our cake and eat it too.