Madam Speaker, the provisions of Bill C-386 are being debated in the House today. This proposed legislation, if enacted, would result in substantial changes to key sections of the Canada Labour Code. It would prohibit the use of replacement workers at federally regulated workplaces during a work stoppage. In effect, it would mean that federal employers would be banned from using replacement workers during a work stoppage.
Our position on this bill is very clear. It is bad for labour relations, it is bad for the economy, and it is bad for Canada. I do not see anything in the bill's proposed provisions that would help boost Canada's ability to create jobs and be more competitive in today's economy. What I do see in the bill is a recipe for instability and uncertainty in Canadian labour relations.
I would like to take the next few minutes to share with you why in my view the provisions of this bill run contrary to the spirit of what the government tries to achieve through its mediation and conciliation service. This approach has served Canada well for over a century as it tries to get at and resolve the root causes of labour disputes.
Let us first look at our proud tradition of mediation. Canada has a proud tradition of resolving labour disputes via mediation and preventive mediation. Our government has been finding workable solutions to labour disputes by appointing mediators and conciliation officers. These people in turn have helped unions and employers reach collective bargaining settlements.
One of the solutions is the Federal Mediation and Conciliation Service, FMCS. The Federal Mediation and Conciliation Service provides dispute resolution and dispute prevention assistance to trade unions and employers governed by the Canada Labour Code. Mediation and conciliation officers are appointed to help parties resolve impasses in collective bargaining. In addition, preventive mediation services are offered and designed to help employers and unions build and maintain constructive working relationships during the term of a collective agreement.
Today nine out of ten collective bargaining disputes in the federal jurisdiction are settled without a work stoppage. Our government supports the use of mediation and preventive mediation services because they have been proven to be effective.
Unlike the proposed provisions of Bill C-386, mediation services do not force sides against one another. They do not tilt the playing field in favour of one side. It is an approach that finds solutions, lasting solutions. Just as important, it is an approach that recognizes that the best labour relations strategy of all is the one that prevents disputes from happening in the first place.
The Annis report confirms our belief that preventing disputes from happening in the first place means that we must get to the root causes of a labour dispute. It was with that principle in mind that in 2008 our government commissioned industrial relations expert Peter Annis to conduct a study on the causes and effects of work stoppages in the federally regulated private sector. That study was completed in the fall of 2008 and was submitted to the minister of labour for consideration.
Of particular note, one of the options identified by Mr. Annis was to strengthen the federal preventive mediation program. This proposal was strongly supported by labour and management stakeholders alike because they know that preventive mediation works. They know that it can help parties work together to resolve their differences and prevent work stoppages from happening in the first place.
Now I would like to comment further on the risks of Bill C-386. I have demonstrated why our government continues to invest wisely in preventive mediation, including the commissioning of a third party report on work stoppages. We want to see positive results that satisfy both sides in the interests of our industries and our national economy. Bill C-386 puts those gains at risk.
This bill, if passed, would inflict harm on the balance that was achieved when the Canada Labour Code was modernized. It would leave federal employers completely unable to even try to operate at minimal levels during a strike or lockout. Not only could this result in productivity losses, it could undermine confidence in Canada's economy, something that we are working hard at sustaining through these challenging economic times.
Now let us look at previous legislative efforts. As members are aware, the House has debated numerous private members' bills on the matter of replacement workers in the federal domain over the past two decades. All of these bills were defeated. Yet here we are again focusing on the same narrow issues while the bigger and more important issue, that of productive labour-management relations, gets lost.
Given what we know about what works best for building good labour relations, how does Bill C-386 measure up? Not very well. Do the provisions in this bill help to get at the root causes of a labour dispute? No. Does this bill seek to engage parties in long-term dialogue and to build consensus? No. By seeking to impose a solution on both sides via the legislative process, this bill would undermine any efforts to build consensus between the employers and labour and prevent work conflicts in an effective way.
Let us focus on how we can prevent disputes from happening in the first place.
Let us respect the need to maintain a sense of balance in labour relations.
Let us put an end to debating one legislative attempt after another, each seeking to ban replacement workers without consultation and without compromise.
For these reasons, I urge all members to oppose Bill C-386.
