Mr. Speaker, as we resume deliberations on Bill C-66, an act to amend Part I of the Canada Labour Code, it is relevant to look back at the purpose of the bill, as stated by the minister. He said at the outset that he wanted to seek a balance. That was the direction he was going to take. It is now obvious that there are many differing opinions on what constitutes a balance.
In today's fast paced business climate neither employers nor employees can afford prolonged disputes that distract from their real goals. Workers want job stability, job satisfaction and reasonable compensation for their efforts. Employers want a competent, reliable and productive workforce. Both sides look to us as parliamentarians to give them the tools to settle disagreements in an expeditious, cost effective manner.
The first and only motion in Group No. 1, standing in the name of the hon. member for Hochelaga-Maisonneuve, proposes to remove flour mills and other undertakings related to the milling of grain from federal jurisdiction. Aside from his party's quest to remove all aspects of Quebec life from federal jurisdiction, I am sure the hon. member submitted the amendment because of the 15 month work disruption at the Montreal location of ADM Agri-Industries Ltd., otherwise known as the Ogilvie flour mills.
The collective agreement between the workers and the original owner, John Labatt Ltd., expired January 1992. When the mill was sold to the U.S. owner, Archer-Daniels-Midland, in June 1992, a new collective agreement had not been signed. The strike, which began on June 6, 1994 lasted until September 1995. That was a long 15 months for everyone concerned.
Members on all sides of the House are concerned when prolonged strikes or lockouts occur in their ridings. We in the Reform Party are concerned about impacts that strikes or lockouts have on workers, employers and Canadians who most often have to bear the brunt of the costs of inconveniences when services of monopolistic industries are withdrawn.
Hon. members will know that my Reform colleagues and I have long been concerned over the effects of work stoppages in the west coast ports where grain shipments are concerned.
In the first session of Parliament my colleague, the hon. member for Lethbridge, sponsored a private member's bill that if passed would have provided a dispute settlement mechanism to all parties involved in the grain transportation and grain handling sectors. Of course, I am referring to final offer selection arbitration.
When the problems of Ogilvie flour mills were debated in the House in May 1995, I suggested that the matter could have been resolved quickly in the Canada Labour Code contained this provision. The previous speaker talked about the union breaking tactics. If we had given both union and management those tools of final offer selection arbitration at that time the 15 months of heartache would not have been endured.
We see final offer selection arbitration as a tool that is useful to both labour and management. When all efforts to solve disputes through the regular collective bargaining process have been exhausted, final offer selection arbitration should be available to the parties.
Final offer arbitration is the most effective and impartial means of obtaining a solution to the concerns of labour and management where an impasse occurs that inflicts significant damage on Canadians and on the Canadian economy. It requires both parties to negotiate in good faith while keeping in mind their overall interest as an organization. It does not prevent either side from achieving a deal provided they are being fair and open with one another. In fact, there is tremendous pressure on both sides to reach an agreement because the arbitrator is in a position to adopt either side's proposal.
In cases where fundamental issues are at stake, such as employment security, an agreement may never occur through collective bargaining and a strike or lockout may only make matters worse.
The best solution is for someone respected by both sides to make a decision on the fairness of one proposal for the process to be viewed as legitimate to both sides.
The answer is to give employees and employers the mechanism to resolve their problems without the pressures of strike, lockouts or back to work legislation. Oftentimes back to work legislation includes final offer selection arbitration.
For those reasons I propose amendments to this bill which we will debate in Group No. 8. I am sure the hon. member for Hochelaga-Maisonneuve will recognize that if final offer arbitration had been available to the workers at Ogilvie mills, months of hardship could have been avoided.
The answer is not just to turn grain related matters over to the provinces, as the hon. member suggests, but to offer them means to solve their problems. The member through his amendment is mistaken if he thinks the amendment to the Canada Labour Code would automatically exempt flour mills and other milling operations from the Canada Labour Code. He seems to have forgotten that flour mills and grain elevators have been governed by federal law since World War II when they were considered to be in the national interest and in fact are protected by the Constitution and the Canada Grain Act. No doubt he has just forgotten. I am sure he would not want to initiate another round of constitutional talks. Obviously he cannot be serious about this amendment.