Madam Speaker, I am pleased to rise today to speak on Motion M-294, tabled by my colleague from Vaudreuil-Soulanges, which reads as follows. It is important to read it:
That, in the opinion of the House, the government should introduce in the House, no later than October 15, 2009, a bill to amend the Canada Labour Code to prohibit the use of replacement workers in labour disputes falling under the jurisdiction of the federal government while at the same time ensuring that essential services are maintained.
It is worth reminding hon. members that Quebec and British Columbia have legislative measures which ban the use of scabs. Work is already underway in New Brunswick, Saskatchewan and Manitoba to develop this type of legislation, with the hope of eventually having a similar law.
In Quebec, the adoption of anti-scab legislation in December 1977 and its implementation under the René Lévesque government in 1978, to all reports constituted an impressive leap forward in terms of the respect of workers' rights. Coming as it did on the heels of a particularly long and tumultuous strike at United Aircraft , now Pratt & Whitney, this legislation seriously hindered the possibilities open to employers to restrict the rights of unionized workers and placed Quebec in the vanguard in North America in this area.
For 30 years, in Quebec, an employer has not had the right to hire replacement workers for employees on strike or locked out. This prohibition, included in Quebec's labour code, prevents the employer from hiring, after the start of negotiations, management or workers to perform the work of an employee on strike or locked out. When a strike is called, it also prevents the use of staff of another employer. The employer is also prohibited from using the services of workers from other establishments in companies affected by the strike or lockout.
In an effort to have true respect for the rights of employees on strike, only management of the establishments on strike and workers not part of the bargaining unit on strike can continue to work during a strike or lockout on condition that they were hired prior to the start of negotiations. Only management can carry out the duties of employees on strike.
These are the provisions that the Bloc Québécois would like to see in the Canada Labour Code.
The following examples, and others, clearly demonstrate the need for urgent action.
First of all, there is the case of Vidéotron. After obtaining the approval of the Canadian Radio-television and Telecommunications Commission in May 2001, Quebecor acquired the cable operator Vidéotron with the help of the Caisse de dépôt et placement du Québec. In order to clear up some financial problems related to the acquisition, Quebecor undertook a significant downsizing process that was supposed to produce annual savings of $35 to $40 million. Everyone knew that Quebecor was looking for a confrontation with the 2,200 employees and technicians of the cable company. Some thought that this was the last major step by Vidéotron in the downsizing. The 2,200 Vidéotron employees were on strike and locked out from May 8, 2002 until March 2003. Many acts of vandalism were committed during this conflict. It was a lengthy dispute.
In the case of Radio Nord Communications, the union members, who were governed by the federal code, represented the employees of three television stations—TVA, TQS and Radio-Canada—and two radio stations in northwestern Quebec. These unionized workers went on strike on October 25, 2002. Even before the strike began, Radio Nord had eliminated almost 50 positions in Abitibi.
Since the last labour contract, 10 other unionized jobs were abolished, including two journalist positions covered by the CSN. Centralization was the main objective of Radio-Nord, and to achieve that, strike action and lockouts were used. There again, it lasted a very long time. Scabs were used to ensure that the workers were tossed onto the scrap heap, since the work was being done by replacement workers, by scabs. The strike lasted more than 20 months.
These disputes have several common features. In all cases, they were long disputes in sectors where the workers come under the Canada Labour Code and where the use of strikebreakers is permitted.
These disputes were all marked by significant provocation, violence and vandalism. The feeling of being powerless—this is important—and of not seeing the end of the strike or lockout inevitably drives some workers to reprehensible and illegal acts, and the families end up suffering considerably.
For the Bloc Québécois, this is a worrisome situation which finds its solution in the measure proposed today. Despite the negative effects of the Canada Labour Code, which tends to exacerbate labour disputes and make them last longer, Ottawa has always refused to correct the situation through anti-scab provisions. When I say “Ottawa”, of course I am referring to the Conservatives and the Liberals.
The Bloc Québécois is the party that defends the interests of those workers in Quebec who are governed by the Canada Labour Code, who live in Quebec and who are being seriously discriminated against when it comes to the application of Quebec's anti-scab legislation, which does not apply to federal employees.
The best way to acknowledge the exceptional contribution of all those who are involved every day in building our societies is to provide them with the guarantee that everything possible will be done to pass a bill that would eliminate the outmoded practice of using strikebreakers during strikes or lockouts. There are numerous advantages to anti-scab measures. For one, they foster industrial peace by avoiding confrontation between striking and replacement workers. As well, they help employers realize that there are advantages to settling disputes by negotiation rather than suffering through a strike or lockout.
These measures are the cornerstone that ensure a level playing field for employers and employees. They will make it possible to eliminate the existence of two categories of workers in Quebec, as I mentioned earlier: those under the provincial code and those under the federal code. The Canada Labour Code includes the necessary measures to prevent an immediate and serious danger to the safety or health of the public. The Canada Labour Code calls these essential services.
To finish, I would like to list the advantages of anti-scab legislation: reducing violence on the picket lines, fostering a fair balance in the negotiations between employers and employees, civilizing labour relations and the bargaining process, and mitigating the bitterness felt by all when employees return to work. There is also a very broad consensus among different unions about the importance of anti-scab legislation. It is essential in the current workplace because it provides greater transparency in case of labour disputes.
Bloc Québécois motion M-294, which would prohibit the use of strikebreakers, is one solution to the problem. Quebec passed this type of legislation more than 30 years ago and has since seen a reduction in the number and length of conflicts. As well, violence on picket lines has been drastically reduced. As well, labour relations between employers and workers have improved. Today there are no large conflicts, as happens in the federal sector. A fair balance of power is beneficial to everyone.