Mr. Speaker, I am pleased to join in the discussion on the debate on Bill C-263, an act to amend the Canada Labour Code (replacement workers). Even though I do not agree with the content or the intent, it is nevertheless an interesting topic worthy of considered debate.
We should discuss the issue of replacement workers in the context of the economic times we find ourselves in. To say we are living with challenges to industry and labour would be an understatement. The past decade has been one where the forces of globalization, trade and instant communication have changed the labour landscape forever. These forces, along with the corporate and economic restructuring, have placed great pressure on employers and employees and also on the existing collective bargaining environment.
Our economy is ultimately and intimately connected to our ability to manufacture goods and provide services to the world at competitive prices. Mad cow disease, SARS and disputed tariffs on our softwood lumber are just three examples of how industry can be undermined overnight. We are at the mercy of many things that we cannot control, including the price of imported oil and gas, the fluctuating value of foreign currencies in relation to the Canadian dollar, and unfair trade practices. All of these put our industries, including federal jurisdiction industries, at risk in the blink of an eye.
The workers that fall within the purview of the federal labour legislation are not immune to these changes. As the whole notion of work and the expectation of workplace partners change and evolve, the process of collective bargaining is just that much more complex.
Having legislation on the books that bans the use of replacement workers during an industrial dispute remains very contentious, so much so that 8 out of 10 provincial jurisdictions have chosen not to take this route. It is clear that it is a very polarizing issue for the stakeholders. Employee representatives and unions typically support a complete ban on the use of replacement workers. On the other hand, employers invariably argue in favour of their use. That was the position they held during the Sims consultation almost a decade ago.
I can appreciate that both sides have legitimate reasons for holding the positions they do. The extensive industrial relations expertise brought to bear during the Sims task force did not result in a unanimous recommendation on the use of replacement workers. However, when that report was released in early 1996, I believe it provided the best possible compromise, one that strikes the best balance between the competing expectations of the stakeholders.
Let us be clear on what those recommendations were all about. Sims said there should be no general prohibition of replacement workers but that there should be legislative recourse in the case of an unfair labour practice. That is why the task force recommended that the use of replacement workers in a dispute for the demonstrated purpose of undermining the union's representational capacity should be prohibited.
It also went on to say that in the event of such a finding, the Canada Industrial Relations Board should be given specific remedial powers to order the discontinuance of the use of replacement workers. Parliamentarians who were around at the time of the debate on Bill C-19 were also at odds over this provision, but in the end the consensus of most was that they should vote for balance. That is exactly what they did.
It seems to me that for our part as legislators it is not for us to take sides, but rather to come up with a rule of law where the needs of one side are not met at the expense of the other. That is why the legislative changes made in 1999 so closely mirror the task force recommendations. I would have great concern if we were to now arbitrarily, in isolation of other considerations, ban the use of replacement workers along the lines suggested in Bill C-263.
Banning replacement workers would reopen that old argument and dissension, and for no apparent purpose. It would jeopardize the compromise that was reached with such efforts and considered debate almost a decade ago. The long battle for a reasonable settlement on this sensitive issue would be reignited. New battle lines would be drawn. The debate would start all over again.
If it is indeed the case that the labour and management stakeholders in the industrial relations group will never find unanimity on this matter, then perhaps the very lack of agreement speaks to the need for us to continue to go on with a reasonable compromise. For us now to prohibit the use of replacement workers entirely would set back the course we set out with the changes in part I, implemented in the 1990s, which sought balance and compromise.
That is why the government is disinclined to make changes to the legislation that is working relatively well. Even though the hon. member's bill changes just a few provisions of the legislation, its potential impact could be substantial in upsetting the balance of expectation on the part of stakeholders.
I remain firmly of the belief that our current legislation is worded exactly the way it should be. The considerations of all parties at play are kept in balance. Both sides are evenly served. If the legislation is not broken, I do not think we need to fix it. Let us not go down that road again.
For these reasons, I cannot lend my support to Bill C-263.