moved:
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.
Madam Speaker, I am pleased to move Bloc Québécois motion M-294, which states the desire for the government to 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 said code while at the same time ensuring that essential services are maintained.
More precisely, the code governs collective bargaining in federally regulated undertakings: interprovincial transportation, be it by air, land or water; telecommunications via radio, television or mail; banks; longshoring; grain handling and other sectors under federal jurisdiction.
Before addressing the fundamental issue, I would be remiss if I did not mention the tremendous efforts of my colleagues from Saint-Bruno—Saint-Hubert and Gatineau who, ever since their arrival in the House of Commons, have spared no effort to defend the rights of workers in Quebec and Canada.
Along with the hon. member for Rivière-des-Mille-Îles, I have agreed to take on the challenge of convincing as many Liberals and Conservatives as possible to support this initiative. I must also mention the contributions of several other Bloc Québécois members who are concerned about the situation of Quebec's and Canada's workers.
Quebec and British Columbia have already passed provisions totally banning the use of replacement workers. These provisions prevent employers from having employees cross their own union's picket line. Approximately 7% of Quebec workers come under the Canada Labour Code. Quebec has seen a major decrease in the number of labour conflicts since its legislation was passed in August 1977. The number of conflicts dropped considerably, from 293 in 1976 to 51 in 2007.
According to figures published by Human Resources and Skills Development Canada, the results are even more striking if we look at the number of days of work lost in work stoppages by workers covered by the Quebec Labour Code. It is markedly lower than the average number of days of work lost by workers covered by the Canadian code.
The practice in Quebec in the past 30 years illustrates how advantageous it would be to introduce such legislation. There are many benefits to anti-scab legislation. One the one hand, it encourages industrial peace by avoiding confrontations between strikers and replacement workers. On the other hand, it makes employers realize the advantages of settling conflicts by negotiation rather than strike or lockout. In 2005-06, 97% of collective agreements under federal jurisdiction were signed without a work stoppage.
Hon. members need to understand that legislative changes to the Canada Labour Code in 1999 have had dissuasive effects on the use of strikebreakers. We feel, however, that as long as this is not absolutely banned by legislation, while of course ensuring the maintenance of essential services, we will continue to see more and more days lost to strikes and will never succeed in putting an end to the existence of the two categories of workers in Quebec: those who benefit from this right under the Quebec Labour Code and the rest, who work in federally regulated businesses governed by the Canada Labour Code, and are threatened by the use of scab workers.
Anti-scab legislation constitutes the foundation for establishing a fair balance of power between employer and employee. Anti-scab legislation would be good for workers everywhere, in Quebec and in the other provinces and territories.
If a majority of the House of Commons votes for this bill, this will be an opportunity for witnesses from all walks of life to express their views right here in this institution and they will all have the opportunity to contribute to a debate that can only be beneficial to labour relations.
There is a greater need than ever to prohibit the hiring of replacement workers during a labour dispute.
Here is why: to reduce picket-line violence; foster a fair balance in the negotiations between employers and employees; reduce the number of legal proceedings that arise during strikes and lockouts; and mitigate the bitterness felt by employees when they 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. This bill will not entail any expenditures for the government. When we make workers the focus of our actions, we quickly realize the negative and harmful effects of a labour dispute. I am referring to a reduction in the purchasing power of workers directly or indirectly involved in the dispute. Another problem is that households affected by the dispute tend to go into debt. In some cases, disputes can cause social problems, as well as stress-related psychological problems.
In a minority government situation, every vote counts. I urge my colleagues to support this motion. During the last session of Parliament, the Conservative government, unable to marshal any real arguments, hid behind exaggerated and unrealistic scenarios. For 30 years, Quebec has had a law prohibiting replacement workers, and nothing terrible has happened. Workers who go on strike take no pleasure in doing so and understand the impact of what they are doing.
With regard to essential services, the Canada Labour Code already includes provisions that require both the employer and unionized employees to continue the supply of services, operation of facilities or production of goods to the extent necessary to prevent an immediate and serious danger to the safety or health of the public. The Conservative government makes a point of ignoring these provisions, preferring to use scare tactics about the consequences of a bill prohibiting the use of replacement workers.
I would remind this House that the member for Jonquière—Alma, who came up with all sorts of irrational arguments to condemn the Bloc Québécois bill, had supported a bill prohibiting replacement workers on November 5, 1990. The bill in question, Bill C-201, was introduced by the member for Bas-Richelieu—Nicolet—Bécancour, and he agreed with prohibiting the use of strikebreakers.
In 2007, the Liberals, who had supported the bill in principle at second reading, finally did an about-face, saying that the bill would not have maintained essential services. Yet the Canada Labour Code already includes provisions requiring the employer and unionized employees to maintain these activities.
During the last session of Parliament, the member for Etobicoke—Lakeshore and leader of the opposition, who, true to Liberal form, was straddling the fence, first voted for Bill C-257 at second reading, then voted against it at the report stage. I want to remind the House that the purpose of this bill was to prohibit replacement workers in disputes involving employees governed by the Canada Labour Code. But in a new twist, at a January 2009 press conference with the FTQ president Michel Arsenault, the Liberal leader came out against strikebreakers. In his statement, he said:
I am against scabs. I told Mr. Arsenault about how, when I was young, I witnessed scabs crossing the picket lines and I understood workers' anger and resentment toward them. But we have to protect essential services, such as public transit. I am not against an anti-scab law, but I want a well-written law that covers all the bases. We found that the Bloc bill was not the best way to deal with a complex situation.
Now that the legislation specifies the importance of maintaining essential services, we will see whether the new Liberal leader was being sincere. We will see whether he can resist the pressure from Bay Street this time. Until I see it happen, I will have my doubts.
I realize that progress in terms of labour relations legislation does not come without some upheaval and adaptation. But in Quebec, it did not take long for all of the parties involved to see that there was something in it for everyone.
We have reached a consensus, and nobody wants to go back to the way things were. When everyone knows the rules, when rights and powers are clearly identified, negotiations become far more efficient. We are talking about what is in workers' and employers' best interest. When their needs are met, everyone prospers.
I would like to thank the members of this House, and I firmly believe that we have reached a level of maturity that will allow us to present innovative amendments that respect workers and businesses in Quebec and Canada.
