Mr. Speaker, I am very honoured to again present Bill C-257, an act to amend the Canada Labour Code (replacement workers).
The Bloc Québécois has made it a duty to present this anti-scab legislation for the tenth time. There should no longer be two categories of workers in Quebec, namely, those governed by the Canada Labour Code, which allows the use of scabs, and those governed by the Quebec Labour Code, which does not.
Before addressing the fundamental issue, I would be remiss if I did not mention the tremendous efforts of my colleague from Saint-Bruno—Saint-Hubert, who has been rigorously and admirably defending the rights of workers ever since her arrival in the House of Commons in June 2004. I would also like to thank the unions of the Outaouais, especially Dino Lemay and Donald Roy of the Fédération des travailleurs du Québec, or FTQ, Michel Quijada, of the Confédération des syndicats nationaux, or CSN, and Daniel Charron, of the Conseil régional d'action politique de l'Outaouais of the Public Service Alliance of Canada, for their support in this endeavour. I would also like to thank Hassan Yussuf of the Canadian Labour Congress, or CLC, in connection with the tabling of Bill C-257 at first reading on May 4, 2006.
This bill is designed to put an end to the inequity between workers governed by the Quebec Labour Code and those governed by the Canada Labour Code. Only Quebec and British Columbia have legislation prohibiting the use of scabs. Four provinces, including Ontario, however, already have anti-scab provisions in their labour codes.
Let us recall that Mike Harris’s Conservative Ontario government, three of whose ministers may be found in today’s federal cabinet, shamefully legalized the use of scabs again.
In Quebec, the adoption of an anti-scab law goes back to December 1977, under René Lévesque’s Parti Québécois government. Getting his government to adopt this anti-scab legislation guaranteeing respect for workers was an impressive leap forward.
Coming at the end of a particularly tumultuous strike at the United Aircraft factory in Longueuil, this legislation, by seriously hindering employers who could not care less about their unionized employees, placed Quebec in the North American vanguard in this area.
Anti-scab legislation will be good for all workers, both in Quebec and elsewhere in the provinces and territories.
In New Brunswick, union leaders have already been asking for some time for anti-scab provisions in their labour code. Likewise in Manitoba and Saskatchewan, where the unions are trying to convince their New Democratic governments to adopt such measures.
In federal legislation, section 94(2.1) of the Canada Labour Code contains a prohibition respecting replacement workers, but only if an employer uses them with a view to undermining the union’s representational capacity.
This prohibition is very weak, because an employer simply has to go on recognizing the union in place and go on negotiating to avoid undermining the union’s representational capacity and it is entitled to use replacement workers.
In other words, if an employer refuses to negotiate while using replacement workers, the Canada Industrial Relations Board can prohibit their use. But all an employer has to do is negotiate or appear to be negotiating with the union to avoid this prohibition and go on using scabs. So we can see that this is a ridiculous provision and provides a loophole allowing the use of scabs.
The prohibition respecting the hiring of replacement workers during a labour dispute is therefore more necessary than ever.
This is why: to diminish picket-line violence, foster a fair balance in the negotiations between employers and employees, reduce the 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 antiscab 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.
With this in mind, the current situation under the Canada Labour Code—allowing the use of replacement workers—means that there are very negative consequences during strikes and lockouts. There are a lot of negative effects, and they alone demonstrate how important it is to bring forward dispute-reduction measures. The premise is that labour disputes last longer when scabs are used. This causes a reduction in the purchasing power of workers directly or indirectly involved in the dispute and results in households going into debt. In some cases, disputes can cause social problems, sometimes very violent, as well as stress-related psychological problems.
To provide a few examples of the benefits of the Quebec legislation, here are figures showing how antiscab legislation could have positive effects on the work climate and the negotiating climate between employers and employees.
In 1976 before antiscab legislation was passed in Quebec, the average number of working days lost was 39.4. In 1979, after the act was passed, the average was 32.8 days, and in 2001 it was 27.4 days. This clearly shows that dispute settlements are quicker and fairer when employers and unions negotiate under the same constraints. The proof is there.
Unfortunately, the Canada Labour Code still allows the use of scabs in Quebec, with the result that there have been labour disputes that demonstrate how urgent it is to pass this bill. Take the case of Vidéotron.
After getting 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 downsizing process shortly thereafter that was supposed to produce annual savings of $35 to $40 million in its cable subsidiary.
Some people thought that the confrontation between Quebecor and the 2,200 employees and technicians of the cable company was the last great step in this grand rationalization process.
The 2,200 Vidéotron employees were on strike and locked out from May 8, 2002 until March 2003. The use of replacement workers resulted in many acts of vandalism against Vidéotron facilities.
The same thing happened at Sécur. After 99% of the workers voted against the employer's offers, 900 employees went on strike on July 5, 2002.
When the strike was called, Sécur held 75% of the valuables transport market in Quebec with an annual turnover of $55 million. For instance, it delivered cash to 1,200 of the 6,000 ATMs in Quebec, a job which was taken over by replacement workers.
The situation deteriorated in late August. Striking Sécur employees vandalized ATMs by spraying them with urethane foam. The dispute ended on October 9, 2002, but not without leaving a very bitter taste in the mouths of everyone concerned.
The long labour disputes at Vidéotron and Sécur had several points in common.
These were lengthy disputes in sectors governed by the Canada Labour Code, where the use of scabs is permitted. The work stoppages at Vidéotron and Sécur were marked by acts of violence and vandalism.
The use of violence and vandalism will never be justified and labour representatives should condemn these acts. Nonetheless, the sense of powerlessness and not seeing an end in sight to the strike or lockout pushes some people to commit serious and illegal acts. This resulted in cables being severed at Vidéotron and ATMs being plugged up with urethane foam at Sécur.
The writing is on the wall. The current Canada Labour Code does not contain the conditions required to allow a true climate of equal negotiations between the employer and the union.
The Bloc Québécois has always been first to defend the workers of Quebec and the rest of Canada. We have tabled a similar bill nine times in order to end the inequity. During the last Parliament, the bill was defeated by only 12 votes at second reading.
Today, anything is possible. During the last election campaign, the Bloc Québécois told its constituents that it was working to improve their living conditions and their quality of life. This was one of my strongest commitments. I call on all hon. members to support this bill in order to make it a priority to improve the living conditions of workers everywhere.
