Mr. Speaker, I want to begin by reiterating my full support for the anti-scab bill. I am particularly interested in this legislation, since I worked with unions for over 20 years. Take my word: I witnessed time and again how important it is to prohibit the use of strikebreakers during a labour dispute. Quebec has had an anti-scab act since 1977. To this day, all the stakeholders, including Quebec employers, recognize the need for such legislation.
First, it is impossible for two parties to negotiate when a third party gets involved and changes the power relationship between the two. For example, let us suppose I want to buy a house and the owner would like to get $100,000 for it. I make an offer of $90,000. If a third party shows up and offers $110,000, he will automatically put me out of contention. It is the same principle when a union is negotiating, except that, in addition, the third party, namely the strikebreakers, undermines the workers' ability to have some bargaining power when dealing with the employer.
The use of scabs generates frustration, animosity and violence. It substantially lengthens the duration of conflicts. I will give some numbers to confirm my point. I want to refer to the famous Sims report, which is constantly used by opponents to the bill. Yet this report is full of major contradictions, and this is why I want to put into proper perspective some of the comments and figures that are included in it.
According to Andrew Sims, the main author of the report, between 1991 and 1994, 75% of the employers involved in labour disputes did not use replacement workers, preferring not to undermine relations between the union and management. The other 25%—that is in 12 of the 48 labour disputes governed by the Canada Labour Code—hired scabs. While Mr. Sims is opposed to anti-scab legislation, he agrees that scabs should not be used to exclude the union, or undermine its role. However, it is demonstrated that the employers who resorted to strikebreakers did so precisely to exclude the union, as confirmed by strikers' complaints of unfair practices and their personal testimony.
Also, as I said earlier, the use of strikebreakers significantly prolongs labour disputes. This is demonstrated, including in the Gunderson study entitled The Effect of Collective Bargaining Legislation on Strikes and Wages , published in 1994.
According to the Quebec department of labour, in all Quebec labour disputes involving the labour code of Quebec—where anti-scab legislation exists—roughly 5,693 person-days were lost between 1980 and 2003. In all Quebec labour disputes involving the Canada Labour Code, 16,032 person-days of work were lost during that same period. A quick calculation shows that disputes last almost three times longer for Quebec workers under the federal labour code than for those under the Quebec labour code. Furthermore, note that Quebec workers under the Canada Labour Code only represented roughly 5% of the entire workforce, which considerably increases our rule of three!
Disputes are longer because of the use of scabs. We have even seen strikes or lockouts last up to four years. Imagine your brother, your father or even you in a federally-regulated job and you end up going on strike or being locked out for nearly four years. Imagine going four years without a salary! How would you react? What would you say about this? The employer is negotiating in good faith? How do you measure good faith? Is there a time limit on good faith?
What would prompt an employer to negotiate if there is no financial pressure because of replacement workers?
In reality, as long as the company has enough supplies to survive a strike or a lockout, or as long as it can hire staff to do the same work at a lower cost, the unions no longer have bargaining power.
How do workers affected cope with this on a daily basis? How does it impact their family life?
The longer the dispute, the less tolerable the situation. Imagine the father or the mother being denied their income and watching the busload of scabs crossing the picket lines with impunity. Worse yet, there have been scabs who have requested union certification. That takes the cake! Their request was denied, but does this not show that employers who use replacement workers do not respect workers?
In a market where anti-scab legislation does not exist, the solution to the problem becomes full employment. Theoretically speaking, there would be no workers available, nor anyone interested in replacing a worker during a dispute. Clearly the employer benefits from a rate of unemployment slightly higher than the natural rate of unemployment, which is roughly 5%.
The use of strikebreakers not only lengthens and inflames disputes, it makes a harmonious return to work at the end of the dispute more difficult. Workers are very likely to remain bitter about the experience and angry with their employer and even the strikebreakers.
In some communities where there are strikes, replacement workers have been relatives of the strikers. Picture the scenario: a worker does without a salary in an effort to negotiate better working conditions, and a family member comes along to support management and impede negotiations taking the worker's place for less money. What will this do to family relations? Do you ever ask yourself? It is not hard to understand that, when more than one party is involved, they need support. If people are left on their own, the result is animosity, as mentioned earlier.
So the absence of anti-strikebreaking legislation carries a significant psychological cost. It affects human dignity and creates family and financial problems over and above the social cost of a strike or prolonged lockout.
Let us restore the dignity of the workers who are governed by the Canada Labour Code through no choice of their own. Let us eliminate the three categories of workers created by the absence of anti-strikebreaking legislation. There are workers covered by the Quebec labour code, those covered by the federal labour code and those commonly referred to as scabs, who do not enjoy the same rights as those in the first two categories and are not covered by legislation.
We must be proud of our workers and give them their full due in society. Let us be open and fair, since they are the cornerstone of a healthy economy. Without them, our society would not be what it is. The best way to support them is to give them our respect and consideration for the job they do. Let us vote in favour of Bill C-263.