Human Resources committee  It is 100% a deciding factor? No, it may not be, but it does influence the decision-making of the person who is on strike and considering what the consequences are of prosecuting a lengthy strike.

Human Resources committee  Not entirely. The decision to go on strike is a discretionary decision that is made by the employees and their unions together, and they have various processes to do that. With respect to the decision to lock out employees in a labour dispute, it is a discretionary activity that is the responsibility and the call of the company.

Human Resources committee  No, frankly, I don't, because they exercise their discretion to engage in a labour dispute, and this bill is proposing to extend the qualifying period for employees who are exercising their discretion. In my view, the exercise of this discretion is up to them, and in my view, exercising that discretion can have a detrimental effect on the length of the strike and on employers.

Human Resources committee  Yes. An unfortunate consequence of a labour dispute can be layoffs and, in extreme cases, closures of operations.

Human Resources committee  Yes. It is their right to do so, but they're engaging in an activity where they're not accepting the terms and conditions of employment that have been offered by their employer, and there are consequences.

Human Resources committee  Fundamentally, the issue is that employees are exercising their discretionary right to exercise a strike or lockout. They engage in a strike for a period of time, which is entirely of their own volition. When the strike is over, hopefully many employees will return to work, but it is not always the case.

Human Resources committee  Or if they're laid off.

Human Resources committee  I'm not saying that they should be penalized. I'm saying that they are engaging in a discretionary activity. They are—

Human Resources committee  The provision of unemployment insurance benefits has traditionally been treated as a neutral arrangement where employers are not prejudiced nor will employees gain in a labour dispute. If we extend the qualifying period for the full period of a labour dispute, then we're providing extra benefits to employees who are engaging in a discretionary activity, a strike.

Human Resources committee  Good afternoon. I have provided the clerk with a copy of my remarks and I had one given to the person who is doing the translation. I apologize for being late. I had several family issues I had to deal with today. In any event, I am John Farrell, executive director of Federally Regulated Employers--Transportation and Communications.

Human Resources committee  Thank you very much.

Human Resources committee  Yes, I'm very sorry.

Human Resources committee  Okay. Thank you.

Finance committee  What has happened at Nortel is very unfortunate. Nortel has a terrible situation. I think they have unique circumstances, with respect to the way they managed their arrangements and their long-term disability plans, that don't necessarily exist in other situations. Certainly we've been through a very difficult time in the last few years with respect to pension plan funding.

Finance committee  For a clarification, that's a voluntary employee contributory arrangement, and not a joint contributory arrangement.