Mr. Speaker, I am here today to speak to Bill C-46, An Act to provide for the resumption and continuation of railway operations.
It is very difficult to speak about the act in the context we have today because we are actually giving public safety in this country a free ride. We have an opportunity in Parliament right now to address the very serious nature of railway operations that have hampered our economic trade and prosperity and have put the general public at risk and we are throwing that aside for expediency. That is unacceptable.
We should put in perspective the fact that there have been only five months of negotiations in this current element right now, whereas there were 18 months of negotiations between the union and the company in the previous contract. That is why it is important to look at the issue of final offer selection versus interest arbitration in Bill C-46.
The member for Winnipeg Centre noted very well that final offer selection was introduced by major league baseball in the 1940s. Interestingly enough, that is probably about the same time that CN actually invested proper money into the railway infrastructure. As someone who rides the rails from the Windsor corridor into our region and from talking with workers, I can tell the House that shake, rattle and roll is the policy of CN and CP in terms of their actual investment in infrastructure.
Rail is important for our actual economic prosperity and our vibrancy as a nation. The World Economic Forum has Canada falling from 11th to 16th in global competitiveness and also ranks Canada 27th out of 28 OECD nations with respect to the environment. This issue is very important in regard to the productivity issues related to our rail system because the actual infrastructure deficit affects Canadian workers and our ability to compete.
We are throwing away an opportunity here by going to arbitration about dollars, which is not the reason why we are having labour problems right now. We are giving up that opportunity. We are telling the public, concerned about all the derailments, some of which I will go through later on if I have time, that we are giving up on them and their concerns for expediency because we want the arbitrator to basically set a dollar amount and there we go, back into the same pot.
What we could do is provide the arbitrator an opportunity or a tool that this Parliament has not addressed in the past 10 or 15 years: improving our rail system. This is interesting because there have moments of this and there have been times when we have been so close to dealing with rail issues such as public safety and reducing greenhouse gas emissions, but we have failed.
I remember when former prime minister Jean Chrétien announced almost $1 billion in rail transportation infrastructure investment from Quebec City to Windsor, Ontario, but because it was seen as his legacy, the member for LaSalle—Émard tore it up. I remember sitting in the plane with David Collenette after that announcement and talking about how that money was actually going to fix our rail beds, fix our infrastructure, get partners moving and get something done. But as a result of their internal fighting over there, they killed an opportunity to improve our prosperity and our environment. It was killed because of squabbling. I have heard nothing from the government on that.
That is what Bill C-46 is about. We are giving up that opportunity.
I want to put this in perspective. I want to talk about the workers who are affected. I have a letter from some of the workers in my constituency in a local union there. I will tell members what they wrote to me with regard to this issue.
They said that first and foremost it is imperative that we maintain the ability to self-determination. This is as it relates to maintaining our fundamental ability to negotiate and ratify an agreement that may have such an enormous impact on the lives of the employees at Canadian National Railroad and, in a broader stroke, the citizens of our country.
They said that Canadian National railroad is just that: Canada's national railroad. Its trackage traverses almost every community from coast to coast. They said, “We haul various commodities, including various toxic chemicals, across this country 24 hours per day, seven days per week, 365 days per year. We are some of the best and safest employees in the rail industry, this while performing to the best of our abilities”.
Unfortunately, they said, if the government is permitted to interfere with their union/company negotiations, they are certain that “our current work environment will be adversely affected, resulting in disastrous results for ourselves as well as the communities in which we live and work”.
It is their position that it is essential, they said, that their duly elected original negotiators be permitted to complete the task to which they were assigned without interference of the Canadian government, that being to successfully negotiate an acceptable collective agreement with their employer, utilizing their years of experience in the railroad industry as well as the information they have received from the affected members that they have been elected from to their current positions.
Simply put, they said, there is no threat to the Canadian economy, this with reference to economic sanctions being imposed against Canadian National railroad. As such, the proposed back to work legislation is unwarranted.
The letter goes on to read: “As previously stated, we do currently have a couple of minor issues to deal with in our union. These are issues scheduled to be dealt with in a timely manner with the assistance of the CIRB. Again, it is absolutely imperative that we be permitted to resolve our labour conflicts from within, this without the intervention of outside influences. I am extremely confident that given a reasonable amount of time, we could accomplish this goal.
As previously submitted, our last round of contract negotiations with exactly the same negotiating committee lasted approximately 18 months. Currently, we have only been negotiating for approximately six months.
UTU members across Canada have expressed concerns over the recent derailments that have decimated the pristine environment of our country, not to mention the resultant deaths of at least four of our fellow employees. I am certain Canadian National Railroad will take exception to my comments, but, nevertheless, I stand behind my claims. I have forwarded various e-mails and articles that I have done and I am going to go forward on the issue”.
That comes from a railroad worker, someone who goes out every day to protect my community.
In Windsor West there is a massive transportation hub for the country. We have many toxic chemicals. The public pressure that has been necessary to get CN to even open up to the proper support systems so that the public safety officers can actually examine the sites to ensure they are supported is incredible. It is like pulling teeth.
It is interesting to look at the government and its close allegiance to the United States on many positions. It will not look at rail safety in that way. We know the United States has actually been implementing procedures and policies that protect citizens. It has not been the national government, it has been coalitions, for example, that have asked for toxic chemicals and different types of materials to circumvent populated areas. Cleveland is an example. Washington is on the debate list and there are a whole series of other cities. We do not do the same here. We plead ignorance.
Once again, this bill is an opportunity to allow an arbitrator sit down and examine what the root cause is. Let us look at the public perspective and what the discourse has been. Let us look at some of the headlines concerning rail safety, “fatigue, work schedules, accidents linked”; “Train in fatal CN crash was overdue for repairs”; and, “CN profit a boon for top brass”.
That is important to note because what we are arguing is how much money we want to stuff in the railcars and send over to some CEO in the United States: $2 billion in profits for the CEO and $56 million in payouts. How many different supports do we need to send over? How many railcars of Canadian taxpayer money do we need to let go? It is not up to the arbitrator to tell them that based upon baseball arbitration back in the 1940s. We know all the progressive things that were happening then.
I can tell the House that what we are giving up in this opportunity is unsatisfactory for workers and also the people they support in their communities. They want to be able to go to work safely, they want to protect the citizens in their region and they want to return home. How can they do that when the real issue of why they are going on strike is not being addressed?
There are more headlines, “Railway safety check notes 21 violations...”; and “Wabamun residents want CN to remove all oil before winter”.
The people of Local 472 told me right away that it looked like they would have a settlement and that they would go back. They have been back every day. They understand economics, commerce, trade, safety and all those different things. What they are calling for is time to sort things out and go back to deal with the real issues. They talk about the fact that it is not wages. They understand the offer is important but safety is really important.
These are some of the things they have asked for. First, the goals of the UTU members is worker safety and railroad safety. The pressure to produce at CN is huge and a safety audit released in 2007 expressed concerns about management's approach to safety measures.
Where is the action on that?
Second, CN is seeking to increase its away-from-home hours that are already at 80 hours a week.
Third, key concessions at UTU are fighting to maintain better rest provisions. They want washroom breaks and a 40 minute lunch break for a nine hour shift, an end to the 16 hour work days and safety. There were over 100 derailments in Canada in 2005.
Those are the things that are happening. Are they validated? Is there any evidence? Is it in front of us right now? All we need to do is look at the headlines and the timeframes. I want to read some articles of recent derailments to ensure people understand.
On March 10, 2007:
Rail traffic along Canadian National's main freight line through central New Brunswick was disrupted until the next day by 17-car derailment in the Plaster Rock area.
On March 4, 2007:
Grain was spilled near Blue River, B.C., two hours north of Kamloops, when 27 cars of a westbound train fell of the track.
On March 1, 2007:
CN freight train derailment in Pickering disrupted VIA service on the Toronto-Montreal-Ottawa corridor and commuter rail service in the Toronto area.
I have travelled that corridor on the train and the rail in that area needs vast improvement, not just in terms of our environment and our productivity but also because it needs to be done if we want to have the same functions that we currently need. I do not understand why that investment has not been made. These are Canadian workers. A Canadian aggregate is going to produce a solution for many of our professed political espoused values of reducing greenhouse gas emissions by taking trucks off the road.
I have talked about the tens of thousands of trucks that go through my community every year. If we actually had a functioning rail system with a vision, we could actually look at options, such as rail to road options. We could do a whole series of different things if we made the proper investment but we have not. We blindly subsidize the road system and the transport industry versus that of looking at rail as a viable alternative option for safety reasons. The province of Ontario is even looking at lowering truck speeds and having regulated elements there that were not there before because of concerns for safety. All those things can be looked at but they are not.
I will continue with the rail derailments. On February 28, 2007:
Hydrochloric acid spilled from one of five cars on the CP Rail train that went off the tracks in the Kicking Horse Canyon in southeastern British Columbia. Emergency crews managed to contain the spill and none of the chemical went into nearby waters.
On January 14, 2007:
Derailment...in northern Ontario dumped more than 30 cars, one containing paint-related supplies, into a swamp. Officials said there was no sign of leaking, but train traffic was blocked near Gogama while the incident was cleared.
On January 8, 2007:
24 cars of 122-car freight train derailed in...Que., about 60 kilometres east of Quebec City. There were no injuries, but the accident occurred in a residential neighbourhood and one rail car came to rest about 12 metres from a home.
It goes on and on. The argument has been that our economy will collapse despite the fact that when workers went back it was only in strategic areas and, on top of that, CN chose to lock its own workers out. What reparations happened to them? Nothing happened to CN. Why does it not pay for that loss to the economy if that argument is so valid? CN chose to put the chains on the doors and gates. The decision was made in its corporate boardrooms to lock those people out.
Where was the minister and the government on safety then? They are claiming safety now but at that time they said that it was okay for management. The government cannot have it both ways. Management thinks it can actually chain up the gates and doors and do the job. Why do we not give the negotiators the tools necessary to deal with the root issue?
I would again point to the red herring economic argument. The other day I met with General Motors and other groups in the auto industry and they did not bring up rail issues. I am sure they have concerns about it as long as they move and are serviced. What they are concerned about is the government's fee-bate program that it announced in the budget. The reason General Motors has halted its decision on Oshawa and other parts of the country, including Windsor, on where to expand plants is because of the budget and what it will do to the auto industry.
If the government is really concerned about the economy, where is the comprehensive program for that? Where is the actual auto policy which the flip-flopping, floor crossing previous Liberal minister who crossed over to the Conservatives, had with him and was supposed to produce but never did? Where is that policy?
The policy to put workers back to work and to usurp their rights is available. The Conservatives have had the policy for over a year. However, they will not come clean as to whether it even existed. We see it in other parties because they exchange different boxes here and there. They will talk about those documents but the minister and his colleague are right there. Where are those economic plans? Over 200,000 jobs shed and, I would argue quite sincerely, that rail infrastructure and safety are part of that.
Since we know that the current system is one that does not work, do we just say that this is all about a few dollars per hour for the workers or do we actually realize what the opportunity is and do something meaningful to give an arbitrator a chance to flush out some of those real problems?
It must be tough for both those sides over there, the Liberals previously and the Conservatives now, to hear that we actually might need to invest some dollars in infrastructure and rail and that there might be some accounting to do but that will be very necessary for us to compete in a global economy.
I am less worried right now about the fact that we have workers who will commit themselves to arbitrate and to negotiate with their employer to get a satisfactory arrangement for the long term. They potentially could go out but they have given their word and they have stuck to it before in the past. Will we tackle the real problem which comes from the lack of public policy to deal with rail transportation in this country?
It goes on and on. We could look at some of the derailments and look at the concern I have, for example, coming from Windsor, about the safety of the workers as they transport chlorine gas and other things. I remember talking with our fire department. I give some of the rail operators due credit because some things have changed. It has been a little better than before. However, fire officials must ask for permission to go on the property to do different types of inspections and planning.
Miami-Dade county is a famous case where it actually banned chlorine gas going through that county. Within a 15 mile radius, an explosion or an accident could kill hundreds of thousands of people. It actually has legislation now that prevents that from happening. What was interesting about that banning process was that the water treatment facilities that use the chlorine actually found other substances they could use to do a better filtration process.
Here we are fighting for rail and hazardous material safety and we still do not have any of the answers. The government has not produced anything on that.
I remember when we had discussions on the International Bridges and Tunnels Act, a very good act that was a good start. We need other acts to support that but at least it puts a footprint in terms of where the government is with regard to having some responsibility for border crossings that are privately held and that there is a general accountability across the main spectrum. We talked about hazardous materials and rail but it was dismissed by the government. Any amendment that I had at committee was dismissed. The government did not want to deal with it at that time and it still does not want to deal with it now.
Why is that important? I can talk about Fort Frances, for example. People will wonder about this but the bridge that connects Fort Frances to the United States is actually a mixture of road and rail that cross over each other. When I was visiting there were actually three car accidents hitting trains trying to cross the bridge that week. Where is the vision of separating these two with a proper infrastructure investment? The reason there is none is that a private corporation holds that bridge and does not want to spend the money. The governments, federally and provincially, do not seem to care and are hands off.
What we are talking about today is a lack of vision. What we are talking about today is not actually doing what is responsible and right and that is to move through a process. A New Democratic amendment would at least provide the opportunity and hope for the arbitrator to raise the issues that are important to workers, their families and the communities that they serve, and this country and to start being responsible about rail safety and transportation in Canada.