moved that Bill C-525, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act (certification and revocation — bargaining agent), be read the second time and referred to a committee.
Mr. Speaker, I am very happy to rise today and talk about the employees' voting rights act.
The bill was first introduced on June 5 back, in the spring. This legislation seeks to harmonize the Canada Labour Code, the Public Service Labour Relations Act, and the Parliamentary Employment and Staff Relations Act.
It is well known through jurisprudence in our country that the fundamental right of peaceful association is afforded to all Canadians. This is especially enshrined in section 2(d) of the Charter of Rights and Freedoms, and the Supreme Court of Canada has reiterated that when it comes to our rights as working Canadians, peaceful association is protected.
I have heard from constituents all over my riding and across Canada about concerns that workers have when it comes to their union's representation. They feel confined and they speak of intimidation from their own union and its organizers.
I will talk a little bit about a particular call I had from someone who was so worried about the intimidation and tactics that his own union had placed on him that he was reluctant at first to even give me his name as one of my own constituents. He related stories to me on a personal level about vindictiveness and intimidation tactics being used by his own union against him just because he was asking some questions about how union dues were spent and other matters pertaining to his union membership.
The right to peaceful association is granted to workers through the Charter of Rights and Freedoms, but the unmitigated right union leaders feel they have to represent a particular workplace is not protected by the Charter of Rights and Freedoms. This is something that must be earned from the membership.
Union leaders have forgotten that representation is contingent upon workers placing their trust in the particular union of their choice through a democratic selection process. It is for this very reason that I introduced the employees' voting rights act.
It is time to put the needs of the boots over the needs of the suits when it comes to workers with respect to their representation. The democratic vote is something for which people have fought for centuries. Democracy is fundamental, and many people have paid the ultimate sacrifice for that. The right to be able to vote one's will, free of intimidation or threat, is a fundamental freedom and a right that should be extended to all workers.
I have a hard time understanding how anyone could be against a mandatory ballot vote. In his recent ruling in the Province of Saskatchewan v. the Saskatchewan Federation of Labour, the Honourable Mr. Justice Richards wrote on behalf of the majority of the Court of Appeal's ruling, “The secret ballot, after all, is a hallmark of a modern democracy.”
I agree with the Hon. Justice Richards. If union membership can elect their national president or any of their executives, directors, or leadership by way of a secret ballot, then in all fairness the workers should be afforded the very same right to have a secret ballot during the union certification process.
Justice Richards is a very wise and pragmatic man. As he continued in rendering his verdict, he stated:
...a secret ballot regime does no more than ensure that employees are able to make the choices they see as being best for themselves.
This is the essence behind the employees' voting rights act: giving the workers the right to vote and making sure their voice is heard loud and clear in a definitive manner.
It is not the responsibility or duty of any legislative body, this House included, to provide a statutory framework that makes certification or decertification with a collective bargaining unit as easy as possible. However, it is the responsibility and duty of legislators and this House to ensure that the voices of employees are heard in a fair and democratic manner.
The employees' voting rights bill does just this. The legislation strikes a balance in the certification and decertification process of a collective bargaining unit, and it is not about swaying favour toward the union or the employer. This is about balance.
The legislation I propose would create a fair environment in which workers are the ones making the choice as to what they feel is best suited to their needs. I do not expect my colleagues in the NDP to understand or even accept these proposed changes, which is fine with me. Hard-working Canadian families know the NDP is clearly in the pockets of the big union bosses who want to maintain their stranglehold on workers and muzzle their democratic voice.
We know that not every single employee wishes to be part of a union. We also know that unions are driven by the need for power. They are furnished with a never-ending stream of monies through the dues they collect from those hard-working employees they claim to represent.
Justice Rand acknowledged the merits of the secret ballot as a way to counterbalance the unadulterated power of union suits. Justice Rand understood the potential for intimidation to be thrust upon workers by those seeking to exercise power or control over them.
I have heard, loud and clear, the positions of the unions. I have read the visceral nature of comments from people who are card-carrying members of the Alberta New Democratic Party and what they think of the employees' voting rights bill. Let me say this. I will not be intimidated by union bosses or union organizers. When we hear one person complain about the actions of union organizers, that can be dismissed as a one-off situation. However when we see the mountain of complaints that end up at the labour relations board, it is concerning to me.
The voice of workers is being trumped by the personal desire of union bosses and organizers. Democracy should not be about suppression.
The right to peaceful association is one that extends to all workers in Canada, should they wish to have a union represent them or not. The choice is theirs to make, and it should be theirs to make. The choice does not belong to the union.
The current card-check system has its flaws. It leaves open the opportunity for employees to be intimidated and for undemocratic behaviour to be conducted. If Robyn Benson can be elected as the national president of the Public Service Alliance of Canada through a secret ballot vote, then I will let the NDP and Mrs. Benson explain why Canadian workers should not have the same right to a secret ballot vote to determine if they want to have a union in the first place.
I believe firmly that the provisions included in the employees' voting rights bill would bring balance to our labour relations. It would bring much-needed changes to the legislation that governs our federal sectors. As well, this would deliver a clear message from the employees who work in the workplace. I can think of no better uniting force for workers than to have a strong and unified voice, one way or the other.
The union bosses have lost their sense of what hard-working Canadians need and want. The employees' voting rights bill is about workers. It is about workers recapturing their voice. It is about workers being able to stand up and say in a unwavering manner what they, the workers themselves, want, not what the union leadership wants.
Make no mistake; unions have a place in our system, but the leadership of these labour organizations have to accept the reality that we live in today. They need not be afraid of these proposed changes. Should the employees in a workplace decide that the service being provided or offered by the union is one they feel is worth the investment, then they will continue to hold the place they have or gain entry into whichever workplace they are attempting to enter.
Union membership, however, is on the decline in OECD countries. This is a trend that should alarm union bosses and union organizers. However, it seems they are more content with fighting semantics than embracing the need for change and evolution. They need to accept that they do not have a monopoly on the representation of workers. Just because they are a union and they wish to represent a certain employment sector, that alone should not be the deciding factor as to whether a union is in that workplace or not. It should always be the employees' choice.
The employees' voting rights bill is about empowering the workers, giving the employees the hallmark of a modern democracy and providing the workers with an opportunity to exercise their democratic and charter-protected right of peaceful association through a secret ballot vote.
The provisions contained within the employees' voting rights bill would demonstrate the will of the employees in a clear and definitive manner.
I hope that all members of the House, and particularly my colleagues in the NDP, will support workers and the principle of democracy and get behind this legislation, unite with workers and give them back their voice. If members wanted to take a look at all of the polling information, it would be very clear to everyone in the House that when Canadians are asked whether they think a secret ballot should be in the workplace, in virtually every poll, poll after poll, the results are very clear. Over 80% of workers in most polls want the right to have a secret ballot vote in the union certification and decertification process. What is even more interesting is that, depending on the poll one looks at, these results are higher in the province of Quebec and even higher when asking a current member or a past member of a union, because these employees clearly understand what can go on in the workplace when it comes to union intimidation and fear tactics.
I have heard several criticisms from various voices—and I know who those voices are—that allege that my legislation would create an unfair situation. It is not unreasonable to expect that a union should have a large majority of support from the workers it claims to represent. The only way to truly know that is by having a secret ballot vote. Some would contend that no MP is elected with a large majority in that way. They should be careful what they say, because some MPs are actually elected with large majorities and I might be one of them.
On the other hand, I never go to a doorstep of someone's house, as it is alleged in various cases before the labour relations board. None of us, when we are door knocking, have the privilege of going up to people on their doorstep and saying, “I think it's in your best interest if you vote for me right here, right now”. That is intimidation. We would not tolerate that kind of tactic or behaviour in the election of any member of Parliament in the House, and it should not be accepted in the workplace either.
I want to end by saying it is not unreasonable at all to expect that a secret ballot should be provided to workers. There is absolutely nothing to fear other than a true and valid result from asking workers what their true wishes and desires are regarding whether they want to belong to a union or not. The only way to do that is to give them a secret ballot vote.
Let us get on with business and this debate. I am curious to see what kinds of comments are going to come from this. This is a very straightforward piece of legislation. It simply proposes to take an option in the labour law that says right now that the labour board may conduct a vote. Let us conduct that vote every time and make sure Canadian workers' voices are clearly heard.
