44th Parl. 1st Sess.
February 26, 2024 11:00AM
- Feb/26/24 2:54:41 p.m.
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Mr. Speaker, we have been there from the get-go for Canada's workers. In fact, we have introduced legislation, in concert with the NDP, on replacement workers. We will continue to be there for workers every single step of the way.
We have continued to change the legislation to make sure there is a level playing field, and we will continue to address the issues the member just brought up, as well as a whole slew of other issues.
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Madam Speaker, workers coming together in solidarity, negotiating collectively and at times making the very difficult decision to withhold their labour is something that has raised the material condition of working people in this country for generations and generations. This is not a tactic or a strategy; this is something that is defined in our Constitution.
It is a constitutionally protected right, and yet we have seen again and again consecutive Liberal and Conservative governments undermine the rights of workers in many ways. One of those ways is back-to-work legislation, which we have seen repeatedly in this place. Another of the most pernicious ways workers' rights are undermined is the use of replacement workers, and that is the topic of Bill C-58, which I rise to speak about today on behalf of the good people of Skeena—Bulkley Valley.
Replacement workers are workers who are brought in by the employer during times of work stoppage, during lockouts and strikes. They are brought in to do the work of unionized workers. When employers use replacement workers, or as they are colloquially referred to, “scabs”, it undermines the ability of unionized workers to negotiate and to secure improvements with their employer through the collective bargaining process.
The use of replacement workers also has a profound impact on communities, especially small communities like the ones I represent. It increases the risk of violence on picket lines. Most significantly of course, it removes the incentive on the part of the employer to bargain in good faith with the employees. The use of replacement workers has been documented as lengthening the duration of labour disputes.
All of these are reasons we need to pass the historic legislation before us. It would be a very significant contribution to the long legacy of codifying workers' rights in Canadian law. It is one that would allow workers to improve their lot at a time when working people in this country are falling farther and farther behind. People are having trouble putting food on the table. People are having trouble accessing the services they need, like pharmacare or dental care, which are things we are also fighting for in this place.
I am exceptionally proud that it is the NDP that once again has forced this historic legislation before us. In fact the NDP has brought forward legislation to ban the use of replacement workers not once, not twice, but eight times over the past 15 years. Each time it has come forward for a vote, both the Liberals and the Conservatives have voted against it, most recently in 2016. Now we have managed, as a party born of and founded by labour, to create the conditions whereby the government has had a change of heart. It has seen the value of banning replacement workers and has chosen, rightly, to work with us to make sure this historic legislation passes through this place.
I cannot say the same for my Conservative colleagues. They are at a very important juncture when it comes to the legislation; the Conservative Party wants the support of working people, and there is a bill before us that is supported by all of the unions in Canada, by the vast majority of working people working under collective agreements.
Conservatives have a choice to make, which is whether they stand with those people to give them an important tool for ensuring that their collective bargaining rights are upheld and their constitutional rights are protected during times of labour dispute, or whether they side with the employers who wish to continue with the status quo and a situation whereby they are able to bring in non-union workers in order to continue production at their facilities. If production is allowed to proceed with the use of replacement workers, the leverage, the negotiating power, of unions is greatly undermined.
This, of course, is legislation that has already been put in place in my home province of British Columbia. I am very proud that we have a progressive provincial government that has seen the value of banning replacement workers. The reality is that the sky has not fallen. The legislation has been in place for some time, and we have seen collective bargaining proceed. We have seen workers manage to negotiate in good faith with their employers and secure benefits they so rightly deserve.
I had a chance to attend the press conference right in the foyer of the House of Commons on the day that the bill was tabled in the House. Standing there listening to labour leaders who have been working on this for decades, hearing them say that it is legislation that working people have been trying to secure for almost as long as Canada has existed, was an emotional moment. It really underlined the historic significance of the bill that is before us.
I will end by recognizing the hard work of my colleague, the member for Rosemont—La Petite-Patrie, who worked hard with the Minister of Labour to hammer out the bill we have before us. We want to see it brought into force as quickly as possible, and I sincerely hope that it passes through this place unanimously.
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- Feb/26/24 3:54:34 p.m.
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Madam Speaker, I would like to correct the hon. member on one point. In 2021, the Liberal election platform did specifically mention that we would bring in legislation to prohibit replacement workers. The mandate letter issued to the Minister of Labour in December 2021 also included this specific thing.
I am glad that British Columbia and Quebec have similar legislation in place. Does the member agree with me that it is time for all provinces to bring in similar legislation to protect the interests of workers?
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- Feb/26/24 4:43:13 p.m.
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Madam Speaker, although I have the utmost respect for the member opposite, I want to clarify something for her. In my riding, with respect to the Stellantis deal and the 1,600 replacement Korean workers, workers went to see what was being done. It is carbon steel welding, which all of the welders in my riding can do, so it actually is replacement workers, which is contrary to what the members opposite would say.
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- Feb/26/24 4:43:39 p.m.
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Madam Speaker, I am sorry to my hon. colleague from Sarnia—Lambton. I respect so much her pioneering work in engineering, but I went to law school. It does not mean I know more, but I do know that replacement workers are one thing only: In trade union relations and collective bargaining, replacement workers are scab workers, not workers who come from another country who do work Canadians could otherwise do.
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Madam Speaker, it is always a pleasure to bring the voices of Chatham-Kent—Leamington to this chamber as I rise today to speak to Bill C-58, an act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012.
This bill would, of course, amend Part I of the Canada Labour Code and the industrial board regulations to prohibit the use of replacement workers, and improve the process of protecting against the immediate and serious danger to public health and safety during a legal strike or lockout. More specifically, the bill would prohibit employers from using new hires or contractors to replace striking workers. In addition, they also could not use members of the very same bargaining unit that was on strike or in a lockout position.
There are two exceptions provided for in the bill. First, employers would be able to use those replacement workers in the strike or lockdown if it was necessary to protect life, health or safety; protect against destruction or damage to the employer's property or premises; or to protect against serious environmental damage affecting those premises. Second, employers could use employees within the bargaining unit to prevent that same list of circumstances that I just outlined.
When I commute to Ottawa, I fly in to and out of Windsor. My flight path almost always takes me, depending on which way the wind blows, over the new battery plant being built in Windsor, the Stellantis plant. In fact, on Friday, a few days ago, I toured one of the buildings of this new plant with the leader of the official opposition and my friend, the member for Essex. This building was being erected by a local third-generation, family-owned construction company, Rosati, with a strong, unionized, industrious local workforce.
I find it a bit ironic that we are debating this legislation today, Bill C-58, when the government committed $15 billion of Canadian taxpayer funds for a battery plant that is hiring foreign replacement workers. We can make the argument that this is not the very same worker. The point is, this is $15 billion of taxpayer funds. That is going to cost every family in Canada $1,000, while leaving our union workers out in the cold. We can debate the semantics of whether that is a replacement worker or not.
I also find it ironic that this legislation would not ban the use of replacement workers in federally regulated workplaces, but this legislation is not being extended to the public sector unions. In those situations, the federal government is a party to the negotiation process. Is that not a bit curious?
Last November, we also learned that the Liberals are allowing companies like NextStar and Northvolt to bring in hundreds of foreign workers to help build electric vehicles in Windsor and Quebec. Not surprisingly, the government has received major pushback from our unions on this. Sean Strickland, the executive director from Canada's Building Trades Unions, has called the situation unconscionable. He said that bringing in 900 foreign workers is well beyond the standards his organization has ever seen.
Conservatives will always stand up for Canadian workers. In fact, we tabled a motion in November at the House's government operations committee to compel the government to be transparent with Canadians once and for all, and publish the contracts for the two battery plant deals, as well as the three others that have received a promise of federal subsidies. Of course, Liberal members on the committee objected.
The hon. member for Regina—Qu'Appelle compared this situation to shareholders demanding to hold a company's CEO accountable. By shareholders here, of course we mean the Canadian taxpayers. By the company's CEO, we mean the Prime Minister of Canada. He said, “foreign replacement workers coming to Canada, thanks to taxpayer subsidies, is of interest not just to the workers in the area but to every single Canadian family whose tax bill is underwriting this.”
A further example of taxpayers underwriting government overspending is, of course, the arrive scam app. It gave a $20-million contract to GC Strategies, a two-person IT firm, though it might be four people but that does not really matter, which does no actual IT work. The government cannot confirm how much the company has received. We have learned that GC Strategies has received a quarter of a billion dollars in consulting contracts since 2015.
Why did the Prime Minister not go out and hire another 600 border guards to address the car theft we are experiencing, or the import of handguns or drugs from across the border? That would have been $60 billion far better spent. It has never been more clear that the Prime Minister is not worth the cost.
I am a Conservative, so I believe that the market mechanism is the most efficient means by which to transfer the value of goods and services. Services include things like the labour that is required in almost every sector of our economy. However, markets only function best and are sustainable over time when there is a balance of power across the negotiating table where these goods and services are being established. Too much power on one side or the other distorts the process, leads to unfair outcomes and is not sustainable over time. Collective bargaining is one such structure that has developed over time to bring some balance to the negotiating table. It is obviously used in many sectors of our economy.
Prior to being elected, I served and participated in a form of such bargaining on behalf of processing vegetable producers in annual negotiations with processors to establish pre-plant contracts for the terms and conditions of sale for a particular vegetable crop each and every season. Do members know what? We did not always agree. Then, a strike or a lockout really was not an option for either the processors or the growers as it is Mother Nature who dictates, through the seasonality of our Canadian climate, when the crops need to be planted and harvested. The certainty of a pre-plant contract was vital for both processors and producers so that they were assured of a supply for the processors and of the opportunity of a fair return for the producers. Therefore, an alternate form of dispute resolution needed to be found in the event of contract negotiations not being agreed upon by the pre-approved deadline.
For many years, the industry used the final offer selection arbitration process as this dispute settling mechanism and, as unpleasant as any arbitration ever is, the system worked and worked well for many years for several reasons. The first is that it was fair.
Second,it worked well because it drove good negotiations, which I believe is the goal of all processes to establish fair values, be it for a tomato crop or for an hourly wage. In the event that two parties to a contract talk could not agree by a specified predetermined time, they flipped final offers. At that time, both parties submitted their final offer to an arbitrator or to a panel of arbitrators of all the outstanding disputed items in the contract. Some time after a period of conciliation or mediation, an arbitrator or a panel of arbitrators had to pick, and here is the key, one party's position in its entirety. They could not “split the baby in half”.
Herein lies the beauty of the system. If either party submitted an unreasonable or indefensible position, even on one particular aspect of the contract, it risked the arbitrator picking the other party's position. Therefore, in effect, the final offer selection process drives good negotiations to settle at the table where the best agreements are always made, rather than risk an arbitration process.
Let me be clear. Canadian workers have the right to collectively bargain and to determine fair value for their work, and it is inevitable that not all such bargaining situations will end in an immediate agreement. Bill C-58 sets out one option in the event that a strike situation occurs. Of course, unions will argue that the option for replacement workers tips the balance of power too much toward the employers, while employers will state that the lack of such an option will lengthen strikes and jeopardize so much of the critical facets of our economy, thus hurting the Canadian public.
In another setting, I have personally experienced a different option: final offer arbitration. That has worked to settle disputes and has allowed crops to be planted and harvested on time without disrupting or losing a season. Improved labour relations should be the goal of any and every government, and having good labour relations is ultimately what is best for our country, for our workers and for our employers.
I look forward to the continuation of the debate to see if Bill C-58 is the right tool in the right circumstances. I look forward to questions from my colleagues.
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- Feb/26/24 5:50:20 p.m.
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Mr. Speaker, what I said is it was a couple of years ago when it was first proposed and now we are finally seeing it come for discussion. The other question was whether we should have 18 months. There will be a different government in 18 months.
It still comes back to: What have we heard? What we are looking at? Are there are any assurances that the restrictions on replacement workers are going to speed up negotiations? Those are the questions and what I believe everyone is talking about here today.
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