Mr. Speaker, this is my last opportunity to speak to my bill. I want to acknowledge all the support I have received for my bill, not only from my caucus colleagues but from across the country where workers have reached out to me and expressed their appreciation for this.
I want to use my time to bust the myths that some of the people on the other side of the House have put forward insofar as claiming that my bill is not doing any service to the country.
I would first like to highlight that I will be talking about the claims that the employees' voting rights act is undemocratic, according to the New Democratic Party. Its members are saying that the rights of employees to vote in a secret ballot is somehow undemocratic. I will address that. There are claims that the employees' voting rights act is unfair, even though it has the exact same process for certification and decertification, whereas in the current legislation it is skewed heavily one way.
Some have complained about the process of using private members' bills to address these kinds of issues, which I would be happy to address, as well as the so-called lack of consultation. Even though we all know that it is a private member's bill, we consult with our constituents all the time. I will discuss that and some of the allegations that the legislative changes I am proposing are unconstitutional. I am more than happy to address some of these concerns.
Let us talk about the allegations that my bill on employees' voting rights is somehow undemocratic. I ask how it can be undemocratic to provide workers with a secret ballot vote. We know PSAC stated at committee that it uses secret ballot votes for internal elections and for collective bargaining agreement ratifications. Every member in this House was elected by a secret ballot vote. Members have not provided an answer to me as to why they think such a process would be considered undemocratic.
If we look at Justice Richards' ruling in the Saskatchewan Court of Appeal, where the same type of legislation was brought forward, on page 38 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.
Apparently, in NDP logic, that is undemocratic.
He further stated that, “The secret ballot, after all, is a hallmark of modern democracy”.
I would argue that if it is good enough to serve in this House for members of Parliament to be elected by a secret ballot vote, would anybody not want the same kind of backup in his or her arguments and legitimacy to claim that he or she was put in place through a truly democratic process?
The member for Rosemont—La Petite-Patrie has mentioned in his comments on March 26 that employers engage in bullying, threats, and blackmail tactics. Anyone who operates under the belief that bullying, threats, or even blackmail is a mutually exclusive act operates under complete and wilful blindness.
If I were to shove a ballot in the face of a voter while I am campaigning, while I am out on the hustings during an election campaign, and say to him or her, “I think it's in your best interest to vote right here, right now, in front of me, and sign this ballot”, the NDP and the Liberal Party of Canada would be absolutely outraged, and the Canadian public would be outraged at that kind of intimidation and electoral process. Yet that is exactly what they are defending on the other side of the House when it comes to union certification.
This process results in the creation of collective bargaining units whereby the union is able to collect union dues, a massive taxation power on the backs of workers. That is how it gets its funds to conduct its business. It is no different from any other process whereby we have taxation and representation. The difference is that there is no mandatory secret ballot. Therefore, it is absolutely ridiculous that the NDP thinks that a card-check system and the power of taxation, of union dues, is completely fine without any check or balance in the interests of workers.
My friend from Rosemont—La Petite-Patrie also mentioned that signing a card was an important gesture. I submit that marking an x on a ballot is a more important gesture. I think of Castro, Stalin, and these kinds of people who would say that having one option on a ballot is an important gesture for democracy. I disagree. I think that a yes or no answer in a referendum question as to whether or not one wants to have a collective bargaining agent is a more important gesture than what is being proposed over there.
I would like to move on and talk about the allegations that it is unfair. What I proposed was 50% plus one. It is the same as what is currently there in the card check process, but has been amended at committee. I appreciate the committee's hard work on this, the thoughtful amendments being brought forward by Conservative members of Parliament, amending the bill and amending the current laws so that it will be the same process to enter as to exit a union.
Right now, under the current legislation, a 35% threshold is all that is needed to create a union in the federal jurisdiction. Yet a 50% threshold is what is needed to decertify a collective bargaining regime. Somehow the other side thinks that is fair, 35% to get in and 50% to get out, whereas my legislation would actually make it 45%. I proposed 45%. It has been amended to 40%, so it is 40% to trigger a vote either way, in the certification process and in the decertification process.
That seems fair to me. It is the same way in and out. I do not understand how that could possibly be construed as unfair.
I should note that it is not the job of any government to ensure that union certification is as easy as possible. The Supreme Court of Canada has said that paragraph 2(d) does not mandate any particular model of labour relations. This has been referred to by Justice Richards on page 37 of his ruling.
Currently in Canada, five provinces employ a secret ballot regime and the entire federal jurisdiction in the United States uses secret ballot voting. I am not convinced that using a secret ballot vote makes things unfair; in fact, I believe it solidifies the message of the employee group and actually provides a mandate for the collective bargaining agent, one that is unquestionable.
I would like now to move on to talk about some of the complaints about the process. Some members have complained about the labour laws being changed by private members' bills and that extensive consultation is required with stakeholders.
We are all members of Parliament and our stakeholders are the constituents we represent. What is being proposed by the member for Cape Breton—Canso is apparently to have Unifor and PSAC and FETCO and other big organizations coming to the table, completely bypassing the workers whose fate is actually determined in those kinds of negotiations.
I think it is completely acceptable that private members be able to use their private members' hour. There are already great restrictions on what private members can do. I am hoping that the member for Cape Breton—Canso is not suggesting that somehow private members' business be further restricted from areas of federal jurisdiction or federal legislation. We are all elected as legislators to come here to change, amend, put forth or remove laws that affect Canadians. To suggest somehow that we cannot use the private members' process is simply ridiculous.
When the member for Cape Breton—Canso was at committee, he went after me in his remarks for that process, and quoted FETCO to that effect, as FETCO did suggest that it did not like the process. However, what the member for Cape Breton—Canso conveniently left out was that when Mr. Farrell from FETCO was at committee, he stated his and FETCO's support for a secret ballot vote, and that FETCO would prefer to see a threshold to trigger a vote between 40% and 45%, which is exactly where the amendments are, conveniently left out in the other members' remarks.
There are limited opportunities for a member to bring forward legislation, and I would hope that the member across the way is not advocating limiting the scope of private members' legislation any further than it already is.
I can assure the House that virtually every one of us has received a complaint at some point in time from a constituent regarding labour issues. It is not unreasonable to think that a private member would bring forward these kinds of issues, using their private member's time.
I would like to talk about consultation. The member for Newton—North Delta spoke about the lack of consultation. My private member's bill was tabled on June 5 last year.
A number of unions came to the Hill. They had their lobby days. We did not even start debating my bill until later into the fall. After I tabled my bill, not one of these organizations picked up the phone, knocked on my door, or made any effort to contact me whatsoever. In fact, even during their lobby time here on the Hill, none of them even bothered to come to make their case to me.
I have not been able to address all concerns, but I would like to say before closing that the members of the House ought to know or should know that their task here is to represent their constituents. Poll after poll indicates that since 2003, support across Canada for secret ballot voting has rated between 83% and 89%, with some of the highest results coming from unionized or formerly unionized employees.
The bill is good legislation. It is good public policy. The other side should stand up for democracy and vote in favour of it.