My colleague was not surprised, Mr. Speaker.
Canadians know that the current government has no respect for due process or evidence-based legislation. Just like the unfair elections act, Bill C-525 is another example of this. We are debating a bill that has no evidence to support it, while anyone and everyone who has a stake in labour relations is saying this is a horrible way to make labour laws in this country.
I believe that for labour laws to work in the interests of both the employees and the employers, they need to be fair and balanced. They also need to be legitimized through a consultative and consensus-based process with stakeholders that is based on real evidence.
From Bill C-377 last year to the changes to the definition of “danger” in last fall's omnibus bill and now with Bill C-525, the government has been using every opportunity and means to pass labour laws that are based on ideology instead of evidence through backdoor means instead of open, transparent, and consultative ones.
The sponsor of this bill, my colleague from Wetaskiwin, has defended the need for this bill on a mountain of complaints regarding union coercion of workers during union certification campaigns.
In his second reading speech he said:
When we hear one person complain about the actions of union organizers, that can be dismissed as a one-off situation. However when we see the mountain of complaints that end up at the labour relations board, it is concerning to me.
In making a statement like that, especially as a reason to change the fundamental right of how workers can organize, one had better be able to back that statement up with fact.
I think many in this chamber would be surprised, even shocked, to know that when the chairperson of the Canada Industrial Relations Board appeared at committee during a study of the bill, she dropped a bombshell: she said that out of the 4,000 decisions that were rendered by that board, there were only two founded complaints of unfair labour practices by unions in the last 10 years. In fact, she said that there were more founded complaints against employers than against unions. In the 4,000 decisions over 10 years, covering 1.25 million workers, there were only two founded complaints.
Although the government said that this is about protecting the rights of workers, we have not heard from one single worker who supports this bill out of the 1.25 million Canadians who are affected. There has not been a phone call, an email, a petition, or a request from a worker or a working group to appear before our committee to say how they had been wronged because of the current legislation, not a single one.
The question that has to be asked and answered is this: why make a fundamental change to the way workers can organize into a union and change the certification process from a card check to a mandatory vote? Maybe it is because research has proven that the effect of such a move would be to lower unionization rates, something the Conservative Party wants implicitly.
I would like to finally talk about the process or, more to the point, the abuse of due process, of which this bill is a perfect example. Although this bill would fundamentally change how workers can organize, only two committee meetings took place to study this; only two meetings. There were two and a half hours of witness testimony, but in those two and a half hours members heard witness after witness, from both labour and employer groups, saying that using private members' bills to make substantial labour legislation changes was not only wrong but would end up hurting labour relations in the long run.
Hassan Yussuff, secretary-treasurer of the CLC, stated:
Amendments should not be made through private members' bills. They should be made with concerted, pre-legislative consultation that engages employers, unions, and government.
How about the other side, FETCO? John Farrell, executive director of the largest federal employer group, stated:
We believe that the use of private members' bills sets the federal jurisdiction on a dangerous course, where, without adequate consultation or support, unnecessary or unworkable proposals come into law, and the balance, which is so important to the stability of labour relations, is upset. We strongly believe that it is not in the long-term best interests of Canadian employers and their employees, and it has the potential to needlessly impact the economy by destabilizing the basic foundation of union-management relations.
That is two very different sides of the fence both saying the same thing, in very powerful statements.
Mr. George Smith, a labour relations expert and practitioner his entire life, stated:
...we are dealing with a private member's bill to amend a significant section of the Canada Labour Code without any view of how this change will impact overall labour relations policy in the federal sector, without any of the necessary due process and public consultation to examine the intended and unintended consequences to such amendments.
Labour law systems are very complex, and the ones that work well are based on a delicate balance that must be respected if and when reforms are made to them. Short-sighted labour reforms driven by ideology rather than evidence and made without a legitimate consultative process are both disruptive and unsustainable.
I and my party may not always agree with labour on everything, but I believe past Liberal governments have used balanced processes and extensive consultation to make labour reforms. This included retaining Andrew Sims and Professor Harry Arthurs to review Part II and Part III of the Canada Labour Code, as well as conducting extensive consultation with public sector unions prior to the introduction of the Public Service Modernization Act in 2003.
Mr. Sims, in his report, said that if labour laws were to be changed, number one, they should be changed because there was a demonstrated need due to the legislation no longer working or serving the public interest, or number two, it should be done on a consensus basis. I ask members of the House whether they believe Bill C-525 meets these criteria or is based on the principles that employers and unions currently respect and agree upon.
Bill C-525 would impact thousands of employers and approximately 1.25 million employees in the federal jurisdiction, people who have a right to ensure we as politicians respect principles inherent in creating fair and balanced labour relation laws for them and their employers. I believe it is incumbent on any government, if it plans to make major labour law reforms, that this process be done with a consultative, up-front approach. I and my party will continue to oppose labour legislation that does not meet this standard. That is why I am proud to say my party will not be supporting this bill.
