Catherine Bell

[Canada Labour Code, September 22nd, 2006]

Mr. Speaker, I have also been on a picket line and have seen replacement workers go in to do our jobs. It is very stressful situation, but it is also demeaning to the replacement workers and everyone who is involved in the situation.

[Canada Labour Code, September 22nd, 2006]

Mr. Speaker, the member knows very well about labour disputes. I believe he is very much in support of anti-scab legislation as we have talked about this. Where tensions already exist in the workplace and they come to a head, one side decides to either lock out their employees or the employees decide to walk out. Those tensions carry over into the community, homes and families. As I mentioned, there has been a documented increase in domestic violence and also violence on picket lines.

[Canada Labour Code, September 22nd, 2006]

Mr. Speaker, I take the point of the hon. member opposite.

[Canada Labour Code, September 22nd, 2006]

Mr. Speaker, yes, I recognize that only two provinces in the country have anti-scab legislation, but Ontario did not have to get rid of its legislation. It could have kept it and I think it would have seen a lot less friction in its negotiations and strikes.

I know many workers in the provinces are working very hard and lobbying their provincial governments as well as the federal government to bring anti-scab legislation to every provincial labour code and to this federal body as well.

[Canada Labour Code, September 22nd, 2006]

moved that Bill C-295, An Act to amend the Canada Labour Code (replacement workers), be read the second time and referred to a committee.

Mr. Speaker, I am very proud to stand in the House to debate C-295, an act to amend the Canada Labour Code to prohibit the use of strikebreakers

Strikebreakers, scabs and replacement workers, call them whatever, they have no place in modern labour negotiations. The issue has been coming up in the House for well over 20 years. Similar bills have come close to being passed that would eliminate the use of strikebreakers.

In 2002 and 2005, anti-scab bills were lost by only a handful of votes. It is time for this Parliament to deliver what Canadian workers have been asking for: fairness, justice and equality.

I would like to recognize the work that our party has done over the years for labour rights in Canada. We have fought, since our inception, to bring equity and fairness to workers because what is good for workers is good for all Canadians.

The NDP understands that workers' rights are human rights, that workers have fought for and won the right to form unions, to bargain collectively, to withdraw their labour to achieve gains in the workplace, or to stop destructive practices.

Personally, I feel very strongly about this amendment. Working in the labour movement for over 12 years, I have seen firsthand the devastation that scabs have on a workforce and in communities. I have seen families torn apart and alienated over many years because of an ideology that does not support workers' rights.

Fair wages, a safe workplace, health care and pensions are just some of the things that the labour movement and collective bargaining have achieved. Many of these things are now taken for granted, gains that our forefathers and mothers fought for and even died for, so that future generations would have better working conditions and better lives.

The bill that we are debating today is fundamental to protecting those hard-fought gains. The bill contains a consequence when workers' rights are ignored. Without real deterrents the use of strikebreakers will continue to erode the legacy of generations of past workers.

The bill is similar to another private member's bill currently making its way through the House. I would like to thank my hon. colleagues from the Bloc for the work that they are doing, and have done in the past, standing up for working women and men in Quebec. The province of Quebec understands and respects the rights of workers and has had anti-scab legislation for almost 30 years.

I hope my hon. colleagues will support this bill and give workers across the country the real protection that they deserve.

C-295 is a much stronger amendment to the Canada Labour Code. It would prohibit the use of replacement workers and it has a real deterrent, a consequence if replacement workers are used in a strike or lockout. Without deterrents that will make employers think twice before breaking the law, the amendment is less effective and leaves workers without protection.

I know there will be arguments from other hon. members who disagree with this amendment, so let me say how these changes will benefit workers and their employers, their workplaces, the community and the economy.

Currently, 97% of collective agreements are negotiated without a strike or lockout. That is because most employers know they have a legal responsibility to negotiate with their unionized employees. However, when that does not happen, when an abusive employer ignores that responsibility and strikebreakers are called in, tensions rise in the workplace and on the picket line. Both sides generally get dug into their positions and the strike or lockout is left to drag on. The scabs are generally caught in the middle of what becomes a volatile situation and are often used by the employer.

These situations leave lasting scars on workplaces and communities and sometimes never fully heal. The cost in reduced or lost production can have devastating effects on local economies for many years to come.

By eliminating the practice of scab labour, we are likely to see the amount of strikes and lockouts drop and those that do happen will not last as long.

In Quebec, for example, since adopting anti-scab legislation in its labour code, it has gone from an average of 39 days lost due to strikes down to 15 days. In B.C. there was a 50% drop in the number of days lost in the first year the law was introduced there. In Ontario, where it had anti-scab law in place for only two years, there were similar results.

Shorter lockouts and strikes mean the impact of work stoppages on families and communities is lessened. As strikes and lockouts drag on, other businesses suffer. Workers on strike or locked out do not have the money to spend that they once had. This can have a prolonged impact on small and single industry towns and that impact could last for many years after the dispute.

Scabs are also generally exploited. They tend to be desperate, in need of a job, and can be paid less than unionized workers to do the same job. They have no job security. The conditions they work in are generally worse as health and safety standards, hours or work, as well as other conditions of the collective agreement do not apply to them.

By lowering working standards we are putting workers' safety and possibly other lives in jeopardy. Scab workers bring out the worst in employers and employees. Their use creates strife and malice. Those who do cross a picket line are not quickly forgotten.

C-295 would go a long way toward reducing tension and violence on a picket line. Strikes and lockouts are hard enough without watching day after day someone else goes in to do someone's job. Sometimes tensions and frustrations build until it is expressed in violence.

There is evidence that domestic violence increases during periods of labour unrest. While violence is never excusable, it helps to understand the root cause so we can act to prevent this type of behaviour.

By ending scab labour we will create a more peaceful picket line. Resentment on both sides will not be as strong and therefore productivity and company loyalty will return sooner, making the employee-employer relationship much more healthy and productive.

Others have argued that the current labour code already deals with replacement workers. They point out that the current law, subsection 94(2.1), which reads in part:

No employer or person acting on behalf of an employer shall use, for the demonstrated purpose of undermining a trade union’s representational capacity rather than the pursuit of legitimate bargaining objectives, the services of a person who was not an employee in the bargaining unit--

It goes on to state that this current language was created through consultation between labour and management and is therefore fair and balanced.

However, subsection 94(2.1) explicitly allows the use of scabs, replacement workers, as long as the employer is not undermining the collective bargaining process. By their very nature, scabs undermine collective bargaining.

When they are used, there is no incentive for employers to go back to the bargaining table and bargain in good faith with their employees. If there is no ability to use replacement workers at all, the ability to undermine the bargaining process would be diminished.

The Ekati diamond mine strike in the Northwest Territories is a recent example of how employers like BHP Billiton, a multi-billion dollar a year company, took advantage of the current legislation. During negotiations, BHP tried to remove articles that had previously been negotiated and it took the union months to present its case in front of the labour relations board even though BHP was in clear violation of the labour code.

The company continued to operate with replacement workers and there was no significant penalty for trying to undermine the collective bargaining process. Without serious deterrents or consequences there is nothing stopping this type of behaviour from happening again.

Another recent lockout of Telus employees that was allowed to drag on for months causing tension on both sides could have been a lot shorter if the company did not have the ability to use replacement workers. I salute all those workers who hung in there to maintain the gains that they made under very trying circumstances.

We know this legislation can work. In Quebec, there has been virtual silence from employers whenever the labour code is up for review. In my home province of B.C. in 2002, the government left the anti-scab clauses alone in its rewrite of the provincial labour code. It knows, as employers do, that anti-scab legislation works.

Progressive changes at the federal level will send a strong signal to the remaining provincial governments to introduce bills to end the use of replacement workers.

Canada's federal labour laws cover one out of every ten jobs across the country, jobs that play a critical role in our national economy. In today's world, reducing the risk of disruption at our borders, airports and telecommunications networks is vital. This debate has gone on for well over 20 years. I am sure that if we listen closely, we can still hear the sound of the previous debates echoing in the chamber.

As parliamentarians, we must come together and say, no, to the arcane and destructive practices of using scabs, replacement workers and strike breakers. We must do what is in the best interests of working families. We must support this crucial amendment to the Canada Labour Code.

[Fisheries and Oceans, September 22nd, 2006]

Mr. Speaker, communities in my riding are suffering due to a lack of commitment by the government to reform the west coast fishery: two-thirds of the decision-making here in Ottawa but very little on the west coast; enforcement officers that would stop illegal fishing cut to the bone; a licensing system that leaves small fishermen out in the cold, where it costs them more to go to work than they can earn; and the sellout of seasonal processing plant workers because they cannot access EI.

Will the fisheries minister please tell us when he will take concrete action to resolve these long-standing issues for the sake of the west coast fishing industry.

[Wild Salmon, September 19th, 2006]

Mr. Speaker, wild salmon are part of the culture of Vancouver Island North. Well managed salmon enhancement, stock assessment, habitat management, enforcement, and fisheries research programs all contribute to building and maintaining healthy salmon stocks, but the DFO's ability to manage these core programs has been severely curtailed by Liberal cutbacks and privatization.

Such a vital part of our coastal culture and economy is in jeopardy, yet the Conservative government says nothing while handing over our resource to the private sector, with no mention of any money in the budget.

We need a west coast wild salmon renewal policy that includes strong public sector support for fisheries programs, renewal of funding for the salmonid enhancement program, recognition and support of the role that salmon play in aboriginal culture, full funding for upgrading and new hatchery infrastructure, and maintaining wild salmon as a public natural resource for the future of our communities.

[Canada Elections Act, September 19th, 2006]

Mr. Speaker, the NDP supports the idea of fixed election dates. It was part of our seven point platform on accountability, which was to bring true electoral change and reform to Parliament.

The member talked about many points but the one I want to focus on is proportional representation. A previous opposition member spoke about a referendum that was held in British Columbia where 59% of the population supported proportional representation in some form. My caucus and members of my party through their good work have supported that. We know that in the general public there is an appetite to see true electoral reform.

Would my colleague go into somewhat more of the merits of proportional representation and inform the House of some of the things that can be achieved with true proportional representation and true electoral reform?

[Forestry Industry, June 21st, 2006]

Mr. Speaker, today I will be delivering more than 800 postcards to the Prime Minister's Office from the residents of Alberni Valley on Vancouver Island.

Their message is clear. Logging practices in the Alberni Valley are completely unsustainable and are causing deep concern to loggers, mill workers, environmentalists, first nations and local business. The future of our economy is on the line.

We are asking the Prime Minister to preserve and strengthen the surplus test on export of raw logs from lands in B.C.

Approximately 1 million cubic meters of wood provide 790 full time processing jobs. With 2.5 million cubic meters of logs exported last year from private lands in B.C., the federal government allowed approximately 2,000 jobs to disappear. Many communities in my riding are also suffering as truckload after truckload of raw logs is exported.

That is why I am pleased to support the Save Our Valley Alliance as we work together to ban raw log exports and keep jobs in Canada.

[Business of Supply, June 19th, 2006]

Mr. Speaker, I have the pleasure of talking regularly with all the chiefs of the first nations and, quite frankly, they are quite concerned about the lack of commitment from the Conservative government. While we know it is important to have money for infrastructure, they are concerned about there not being enough and about the reneging on some of the commitments in the Kelowna agreement.

While we agree on some things, we also see a real need here for money, for clean drinking water, for housing, for social services and for health services on and off reserves. We are very concerned about the lack of commitments and the insult to the leaders of first nations who were there at the signing of the Kelowna agreement when many members of his party said that it was not an agreement and that it was written on the back of a napkin. Those are insults to first nations people and they do nothing to build trust.