Madam Speaker, it is a pleasure to join in the debate this evening on Motion No. 294. We are being asked to amend the Canada Labour Code as it relates to the use of replacement workers.
Anyone who has followed this policy matter with regard to labour issues over the last few years knows that the issue of replacement workers is a very contentious issue, to which previous speakers have alluded. It has been discussed in the House on many occasions. As we are hearing today, and we have heard many times in the past, there are opposing views on this issue.
There are those, like the member opposite who presented this motion, who advocate a ban on the use of replacement workers during a legal work stoppage. I had the opportunity to own my own business and managed a unionized operation. I experienced a unionized strike in the mid-1990s and replacement workers were brought in. I understand first-hand the sensitivity of the issue of replacement workers and how it can affect family life and the employer's situation.
As I said, there are people on both sides of the situation and I understand those who believe it is imperative for an organization to keep goods and services moving during a work stoppage.
Typically, it is unions that support the ban, while usually it is employers that argue in favour of having access to replacement workers. As is often the case, in debates like this both sides can make a good case for their position. However, the motion supports only one of the two sides in this debate.
We should ask ourselves if it is appropriate for the changes to the Canada Labour Code to favour one side against the other, or should the code work in the best interests of all stakeholders in the labour relations environment? To me the answer is very clear. The purpose of the Canada Labour Code should be to balance, and the key word is “balance”, and help reconcile competing interests in labour management disputes in a way that is fair and neutral. The issue of replacement workers is a good case in point.
When part I of the code was amended 10 years ago, the House supported finding some middle ground between those who wanted a complete ban and those who wanted a free hand to use replacement workers. The code achieves this middle ground by allowing employers access to replacement workers, but prohibiting their use to undermine a union's bargaining position.
It is very important to realize the fact that, under the existing provisions of the Canada Labour Code, using replacement workers to undermine a union's bargaining position is considered an unfair labour practice, and I agree.
If a union feels an employer is engaging in an unfair labour practice, it can bring the matter to the Canada Industrial Relations Board for a decision. This approach balances the competing interests of unions and employers locked in a labour dispute. This balanced approach has been in place for some time and has worked well. Nine out of ten labour disputes in companies covered by the code are resolved without a strike or lockout. Introducing the amendment proposed in the motion would disrupt the practical compromise that has been achieved on this issue. It would be a counterproductive move, especially at a time of this economic crisis within our country when Canada needs to maximize stability in labour relations.
There is also the question of the impact of replacement workers on the duration of a work stoppage. Some say that banning replacement workers would encourage speedier resolution of industrial relations disputes. They argue that denying employers access to replacement workers would motivate them to settle more quickly. However, there is evidence to the contrary.
The member opposite has argued this point. Independent studies by experts suggest that jurisdictions like British Columbia, where I represent the Okanagan Valley, and Quebec that prohibit the use of replacement workers continue to experience lengthy strikes. This evidence does not indicate that workers and employers in these jurisdictions are better off because replacement workers are banned.
Moreover, despite having legislation that prohibits the use of replacement workers, each year Quebec and British Columbia receive a number of complaints relating to the use of replacement workers. In other words, enacting legislation in these jurisdictions has not eliminated the sensitivity of the issue.
It is also interesting to note that another province, Ontario, once had legislation banning the use of replacement workers but repealed it.
This is a very complex issue. The existing provisions of the Canada Labour Code recognize its complexity by balancing the interests of employers and unions. The code includes protection for employees who exercise their right to strike. It ensures the right of striking employees to return to their employment at the end of a work stoppage. The code also prohibits an employer from disciplining or imposing a penalty on employees who refuse to perform the duties of other employees who are locked out or on strike.
The bottom line is the current law gives something to each side. It protects the rights of employees to strike and return to their jobs and allows employers to continue to operate and provide needed goods and services during work stoppages.
This approach represents a reasonable compromise in the best tradition of Canadian problem-solving. Introducing the kind of change proposed in Motion No. 294 would disrupt the delicate balance that has been achieved on this contentious issue. We do not need such a disruption at this difficult economic time we are experiencing in our country.
I ask the House not to support the motion.