Mr. Speaker, I have the honour to rise this afternoon to speak to Bill C-4. This bill is very important for creating the necessary balance between the interests of the public, which the Government of Canada wants to protect, and the interests of public service unions.
I will talk a little bit about the sections relating to my portfolio. Certainly there are some changes to the Public Service Labour Relations Act, as my colleagues across the way and the union heads have cottoned on to. I think it is important to explain the context and why we believe that they are fair and reasonable.
If citizens were not informed and are now informed, these things are, in fact, not in the legislation now. Citizens I have talked to are quite surprised that these bits of the legislation we are changing are not, in fact, the law as we see it today. That is one of the things I think is the common sense of the people when it comes to these matters.
A lot has been made of changes to the designation of essential services. Let me just say this. Again, most citizens, if one had told them that the designation of essential services was a matter to be bargained with the bargaining agent, with the union, so that the government, as the employer and the protector of the public interest, had to bargain for the designation of essential public servants, would have been shocked. They would have been totally surprised by that. However, that is, in fact, the law as it now sits. There has to be a bargaining process the Government of Canada has to undergo to designate various individuals as essential.
Our position is very clear. It is not for negotiation to defend the public interest when it comes to health and safety and security issues. That is not in the public interest. This bill represents a very common-sense change that most Canadians would agree with.
How does it work? This has come up, and some have suggested that the details are not in the bill. The details are in the bill. It is very clear, under both the bill and the practice that is considered good faith bargaining, that the designation of public servants as essential has to occur before negotiations with the public sector union on a collective agreement have started.
Let me be clear. I cannot wake up one day after a bad bargaining session with the bargaining agent and say, “That is it; they are all going to be essential”. We cannot do that. It would be absurd. The designation has to occur before the bargaining takes place. Indeed, good practice is to sit down with the union heads and say that here is what we are proposing as essential employees, and what do they think? We would get their feedback and then proceed, in the public interest, with those designations.
Let me repeat the point that safety and security are not negotiable. The Conservative government, through this bill, intends to protect the safety and security of the public.
Let us talk about two-tier arbitration. This is another facet of the changes we are making to the Public Service Labour Relations Act, except in the case of essential services, where there is mandatory arbitration.
That is another point, by the way. To hear it from the unions, this designation of essential services means the end of bargaining as we know it and that they have been stripped of all of their bargaining rights. No. Part of bargaining, in some cases, is arbitration. Indeed, this is preserved under the legislation. I wanted to make that point clear and put it on the record, as well.
Two-tier arbitration is to make sure that the bargaining agent and the employer both have a say as to whether arbitration is going to be used, except in the case of essential services, when it would be used. That is an important change as well.
Let us look at arbitration factors. This is, again, common sense that most Canadians would agree with. The arbitrators have to look at recruitment and retention issues.
We cannot have an arbitrator who is not aware that in a particular bargaining unit there are 20 applications for every position, or maybe there are no applications because it is that tough a job. I think that is relevant information for the arbitrator and goes to the impact on the treasury of the demands of a particular union.
The arbitrator should also have regard to the economy. What is the state of the economy? This is critically important, because the amount of revenue that can be raised affects the bottom line of the government. The arbitrator should have regard to the economic policies of the government, because those are relevant. If we are in a period of tightening, that should be a relevant piece of information for the arbitrator.
Again, it is common sense. If most Canadians were asked and given these choices, they would say they were surprised that this was not the case right now.
Cost sharing on grievances is again common sense. If there is going to be a grievance process, those costs should be shared by both the union and the employer. The employer should not pay 100% of the cost. Quite apart from everything else, that arrangement only encourages those with spurious claims to grieve. Therefore, let us have some responsibility and some common sense by sharing the cost of the grievance procedure.
There was as well a compensation research bureau under the Public Service Labour Relations Board. Quite frankly, it was not very effective. My point of view, and the point of the view of the government, is that if there is research to be done on pay scales or positions on the impact of a bargaining agent's position or the government's position in a particular collective bargaining session, that should be borne by either the government or by the union, whichever of the two is making the point. It should not be borne by separate research that may or may not be accepted by the bargaining agents or by the government in any case. That is again common sense.
We are also proposing to eliminate double jeopardy for grievances. Currently we have a situation in which the grievor can forum shop: if she or he does not like one forum, the grievor can go to the next forum, and so on. Our commonsensical position is to pick a forum, have the adjudication at that forum—they do not lose any rights, because there is an adjudicative process—and at the end of the day, that decision has to be accepted by the government and by the union at the same time. I think that eliminates years and years of forum shopping whereby people who do not like a decision go to the next place. It does not help the employee and does not help the system generally.
Finally, I want to draw members' attention to another provision. This one would allow the bargainer, in this case the Government of Canada, to start the process of negotiation with the bargaining agent 12 months before the expiration of a contract.
Again, this is common sense. We have a lot of cases right now in which there is a lot of back pay that has to be added on, and the employees have a lot of uncertainty for a number of years because they are waiting for the process of bargaining to begin. Let us start the bargaining earlier. Let us get the collective agreements done earlier. That means less back pay, but it also means, on a go-forward basis, more certainty for the employee as to what her or his collective agreement is.
These are commonsensical changes to the Public Service Labour Relations Act. It follows on some of the other positions we have taken over the last few months. I know this is somewhat of a controversial concept, but how about explaining to employees what their job is, how their success is going to be measured, and then following up with that employee to see whether she or he is meeting those goals.
Again, it is common sense, which is not performed systematically across the whole public service. We are going to do it.
We are also going to look at absenteeism to make sure that we have the right policies in that area.
I will leave it at that. Bill C-4 is a well-intentioned bill that will do the job for Canadians.