The House is on summer break, scheduled to return Sept. 15

Employees' Voting Rights Act

An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act (certification and revocation — bargaining agent)

This bill is from the 41st Parliament, 2nd session, which ended in August 2015.

Sponsor

Blaine Calkins  Conservative

Introduced as a private member’s bill.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

This enactment amends the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act to provide that the certification and decertification of a bargaining agent under these Acts must be achieved by a secret ballot vote-based majority.

Similar bills

C-525 (41st Parliament, 1st session) Employees' Voting Rights Act

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-525s:

C-525 (2010) An Act to amend the Employment Insurance Act (maximum -- special benefits)
C-525 (2008) An Act to amend the Youth Criminal Justice Act (protection of the public)
C-525 (2004) An Act to amend the Excise Tax Act (literacy materials)

Votes

April 9, 2014 Passed That the Bill be now read a third time and do pass.
April 9, 2014 Passed That Bill C-525, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act (certification and revocation — bargaining agent), as amended, be concurred in at report stage [with a further amendment/with further amendments].
April 9, 2014 Failed That Bill C-525, in Clause 4, be amended (a) by replacing line 14 on page 2 with the following: “employee who claims to represent at least 50%” (b) by replacing line 26 on page 2 with the following: “50% of the employees in the bargaining unit”
April 9, 2014 Failed That Bill C-525 be amended by deleting Clause 1.
Jan. 29, 2014 Passed That the Bill be now read a second time and referred to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities.

Canada Labour CodeGovernment Orders

February 5th, 2016 / 10:25 a.m.


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Liberal

Filomena Tassi Liberal Hamilton West—Ancaster—Dundas, ON

Mr. Speaker, today I will be splitting my time with the hon. member for Vaughan—Woodbridge.

I am honoured to give my maiden speech on Bill C-4, a bill that would re-establish a productive balance between unions and employers. I represent the riding of Hamilton West—Ancaster—Dundas, where many proud union brothers and sisters reside, work, and prosper together. The building trades, teachers, electricians, labourers, police, steelworkers, carpenters, and many others work to build this prosperous and peaceful city through their ingenuity and stubborn belief in hard work that should be rewarded with fair wages, safe working conditions, and equality of opportunity.

These are the values that I grew up with. Unions were a big part of my life and my family's life for the last two generations. I am the daughter of a proud steelworker. My father, Phil Tassi, was a millwright at Dofasco. It was through his hard work and passionate commitment that my family prospered and that I, with my brothers and sister, were able to build lives founded on security and stability. In fact, my sister, my brothers, my mother, and I all worked in the steel industry.

While Dofasco was never unionized, it benefited from what other unions in Hamilton attained. The hard-won achievements of unionized labour set an example for my father's employer to give its workers comparable rights, safety, and wages. This is but one very personal example of how unions directly and indirectly have improved the lives of Hamiltonians.

When conditions are at their best, unions, employers, and government work together to build safe, prosperous, and stable communities. It is this balance that Bill C-4 seeks to re-establish. This bill sets right what was skewed by Bill C-377 and Bill C-525.

Hamilton is a city whose history is closely connected to the labour movement. It was in Hamilton that the movement for the nine-hour workday in Canada was started. It was in Hamilton in 1920 that Katie McVicar and Mary McNab, who were shoe workers and members of the Knights of Labour, fought for the rights of women to join the labour force and to be respected.

It was in Hamilton in 1935 that steelworkers organized a strike. Their employer did not accede to their demands. However, a greater victory was achieved. The union expanded to include all workers, regardless of skill or nationality. That was progress. These are the footings of the middle class in Hamilton: strong, built of cement, steel and hard work, wrought by the hands of people who believed in themselves and in one another.

Unions have been creating conditions where individual workers can be resourceful, innovative, and contribute to an employer's intellectual capital. That is good for workers and for business.

The Prime Minister has made a commitment to restore a fair and balanced approach to labour relations in this country. This will be a welcome relief from the previous government's approach, where labour and employers were pushed apart by legislation aimed at dividing and separating, rather than creating a healthy balance between worker and employer.

One only needs to look to Hamilton to see how a city can be built up through labour success and ravaged when industry declines. Even former Conservative Senator Hugh Segal criticized Bill C-377. He stated:

This will actually worsen labour relations in Canada, slow economic development, and upend the balance between free collective bargaining, capital investment and return, which are vital to a strong and free mixed-market economy. As a Conservative, I oppose the upending of this balance.

There is no need for Bill C-377. We already have legislation in place to ensure that unions are financially accountable to their members. All of this is referred to in the Canada Labour Code. The needless red tape created by Bill C-377 creates an unfair playing field, where unions could be disadvantaged during collective bargaining. We believe in fairness for both parties during collective bargaining and feel that tilting the game in favour of one party is an affront to the ancient principles of fairness upon which Canadian democracy is founded.

The introduction of Bill C-377 in the House of Commons was an affront to Hamilton's working people. It was a bill designed to solve a problem that did not exist. No one I know in Hamilton West—Ancaster—Dundas has ever told me they are clamouring for the far-reaching and personal information this legislation was designed to uncover.

Why was the last government interested in the private, personal information of union members? The Income Tax Act protects taxpayers from revealing their personal financial information. Yet, Bill C-377 reversed those protections and will force the disclosure of people's personal information to the general public. That is one of the reasons we are repealing this unnecessary and mean-spirited bill.

Unions have an important role to play. This repeal would allow the unions to continue to focus on finding their members work in this challenging economy, rather than focusing on mountains of unnecessary filings to the CRA.

Unions are democratic organizations and they are accountable to their members. If members do not like what unions are doing with their money, those members can vote their leaders out.

In fact, Bill C-377 requires that labour organizations disclose information that no other organization is required to disclose. That is not fair treatment.

There has been some discussion in the House about how other countries in the world require disclosure. Let us consider some of the facts.

I believe one example of France was raised. However, in that country, not only do the unions report but the employers report, too. In the United States, legislation similar to Bill C-377 has existed for a number of years, but one could argue that it has done little to further the cause of transparency and accountability.

Having discussed Bill C-377, I will briefly consider the ramifications of Bill C-525.

Both the Federally Regulated Employers—Transportation and Communications and the Canadian Labour Council have argued that Bill C-525 establishes a dangerous precedent for labour relations law reform in Canada.

Traditionally, in Canada, any amendments to labour relations law have been arrived at through tripartite consultation between employer, labour, and government. This tripartite consultation has been considered essential by stakeholders to the maintenance of a labour-employer balance. Bill C-525 was introduced as a private member's bill, and private members' bills are outside the traditional tripartite process.

The tripartite process encourages balance between labour and employers. However, the previous government chose to use a back door to pass its legislation instead. This demonstrates a clear and utter disregard by the previous government for Canada's democratic tradition in labour relations law.

Bill C-525 is also an anti-union bill. More specifically, by requiring a secret ballot vote, Bill C-525 adds an unnecessary layer to the process of union formation. Bill C-525 makes it more difficult for employees to unionize and easier for a bargaining agent to be decertified.

As I have already said, organized labour has provided stability and security to workers. To impede unionization is to hold workers back by making them fearful of being thrown into precarious working conditions. This makes people focus on the short term. It makes them anxious and tentative, rather than open and confident.

Hamilton and Canada were built by proud, confident workers. I came to Ottawa to represent a city that grew out of the fires of industry, through hard work, sacrifice, and care for each other. When Hamilton was most productive, it was because of labour, employers, and government working to create a safe, stable, and prosperous city, where people could innovate and create from a place of relative security. This collaboration depends on a balance between labour and employers, which was upset by the ideology of an anti-union agenda of the previous government.

Bill C-4 would be a positive step toward righting the balance between labour and employers.

Canada Labour CodeGovernment Orders

February 5th, 2016 / 10:15 a.m.


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Conservative

Robert Sopuck Conservative Dauphin—Swan River—Neepawa, MB

Mr. Speaker, it is an honour to follow my esteemed colleague regarding the Liberals' intent to repeal Bill C-377 and Bill C-525.

Both of these bills were about transparency. As my colleague talked about earlier, the first bills we introduced as a government were about increasing transparency, and one of the first acts of the Liberal government is to introduce bills to reduce transparency.

Bill C-377 had an important purpose. The purpose was to extend the principle of public disclosure to a group of institutions that enjoy substantial public benefit: labour organizations. This is key. Public disclosure would increase the confidence of Canadians that unions spend their money wisely and effectively.

Regarding Bill C-525, which dealt with the issue of voting rights, it replaced a system called “card check”. The card check system allows for a workplace to be unionized without allowing all employees to express their opinions. In fact, the unionization of a workplace could occur without a significant portion of the bargaining unit having been made aware of it.

Again, both of these bills dealt with improving transparency. In our strong view, Canadian union workers have the right to know how their mandatory union dues are spent. That is why our government passed Bill C-377 and Bill C-525.

Repealing these laws sends a very clear message: the Liberal government cares more about thanking union bosses, who did everything in their power to help them get elected, rather than the thousands of hard-working union members whose dues were spent without consultation. Union leaders need to be held accountable and tell their members and the public how their tax-advantaged income is spent.

The Conservative Party will continue to support union transparency and stand up for union workers. As I have said in a couple of my other speeches, it is becoming quite clear that the only party that cares about Canadian workers and workers' families is the Conservative Party of Canada.

Even some labour organizations are very strongly in favour of our bill. The Christian Labour Association, Dick Heinen, the executive director, in February 2014, said:

Now fundamentally, CLAC believes in competition in the labour relations environment in Canada. We think that workers should have the right and be free to make their own choices when it comes to which union represents them or whether they want to be represented by a union at all.

As well, John Farrell, executive director of the Federally Regulated Employers, Transportation and Communications, in his testimony to the Senate committee, said:

FETCO members prefer a secret ballot vote to a card-check system for the purpose of determining if a union is to become a certified bargaining agent for employees. A secret ballot vote is the essence of a true democratic choice and is entirely consistent with Canadian democratic principles. It allows each and every employee to express their true wishes without undue influence or disclosure of how they cast their ballot. This is the mechanism that is used for the electoral process in Canada, and it is the fairest process.

It is no coincidence that the public sector union bosses worked hard to get the Liberal government elected, and now, quite frankly, it is payback time. The first thing that the Liberal government is doing is repealing these two very important bills, Bill C-377 and Bill C-525.

In addition, the President of the Treasury Board made a point of announcing that he is restoring the sick leave benefit to the public sector. That is a cost of $900 million a year. That is $900 million that is not available for health care, the environment, agriculture, and infrastructure. However, again we can see it is definitely payback time. Now we have a government that is beholden to public sector union bosses.

Quite interestingly, what I am seeing in the House and in government is a merging of the ideology of the Liberals and the NDP. We have the champagne socialists riding with the limousine Liberals. Quite frankly, the NDP has not changed. It is still the party of bad ideas and toxic policies. What is changing is the Liberal Party. The Liberal Party is moving very quickly to the left, and their alliance with public sector union bosses against the interest of Canadians in general is proof of that.

I actually would like to call up a committee on the status of endangered wildlife in Canada so that we can list a species called the “blue Liberal”, which is now in danger. They are the Liberals who actually cared about business. They were the prominent blue Liberals who were talking in favour of pipelines, economic development, and free trade. However, they are being completely ignored. I think the Species at Risk Act needs to look at the blue Liberal.

Given that it is payback time, let us imagine what is going on in the negotiation room between the government and the public sector unions. Do members not think for a minute that the public sector unions do not point their finger at the relevant Liberal negotiators and say, “Look, we got you elected and you better deliver”? The Liberal Party is bargaining with the same group that helped bring it into power.

The President of the Treasury Board is making a sham trying to talk tough, but we know what will really go on behind closed doors. These negotiations are fundamentally flawed. There is another word I could use, but it is quite unparliamentary. The negotiations will be all about how much they can fleece the taxpayer.

Unfortunately, the public sector unions have become an entity unto themselves. We see the evolution of public sector unions as powerful political entities that in some cases can determine who forms a government. The public sector unions will always remind the Liberals who got them elected, and the public interest itself will be left behind.

This is bad for democracy and it is bad for our country. The public service is supposed to be neutral and carry out the wishes of the duly elected government of the day, but the trends I am seeing make me very uneasy.

Again, I want to reiterate that as this session evolves and the legislation evolves, it is becoming quite clear that the Conservative Party of Canada is the only party that stands up for the workers of Canada. We defend the natural resource industries. We defend the oil sands. We encourage the growth of pipelines. We are the only people who care about working families in this country.

Canada Labour CodeGovernment Orders

February 5th, 2016 / 10:15 a.m.


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Conservative

Kellie Leitch Conservative Simcoe—Grey, ON

Mr. Speaker, as I mentioned before, what I have spoken about today is the democratic process. Bill C-525, which is a private member's bill that I hope the House considers, is a cornerstone of Canadian democracy. Our intention here, and I think it was the intention of both private members who brought forward their legislation, and I would encourage people to speak to those individuals about their private member's bills, was to make sure that there was transparency as well as democracy being exercised.

Canada Labour CodeGovernment Orders

February 5th, 2016 / 10:10 a.m.


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NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, I was very active in the debate surrounding Bill C-377 and Bill C-525, which were a direct attack on how unions operate.

When we debated the issue, the Conservative government of the day argued that it had the right to interfere in this matter because union dues were tax deductible and therefore some degree of accountability was needed. I also recall that professional associations, which also collect dues that are tax deductible, were not included in the bill.

It was therefore abundantly clear to me that this was a direct attack on how unions operate, particularly regarding the issue of unions having to show their accounting records. Obviously, this gives negotiators on the management side an advantage, since they would then be familiar with the financial position of the unions with which they are negotiating.

Why will the Conservative members not just admit that those two bills were a deliberate attack on unions in order to undermine their ability to stand up to the government, which was extremely harmful over the past four years?

Canada Labour CodeGovernment Orders

February 5th, 2016 / 10:10 a.m.


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Conservative

Kellie Leitch Conservative Simcoe—Grey, ON

Mr. Speaker, just so we are clear, the bill that was brought forward was a private member's bill. It was not government legislation. I think all Canadians agree, though, and I am sure the member would agree, that with regard to the bill I was speaking to, another private member's bill, Bill C-525, a democratic, transparent process is what is most appropriate.

For me, particularly as I spoke today about Bill C-525, making sure that we have a secret ballot vote is essential. It is a cornerstone and a principle of our Canadian democracy that we should all be defending.

Canada Labour CodeGovernment Orders

February 3rd, 2016 / 6:35 p.m.


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Conservative

John Barlow Conservative Foothills, AB

Mr. Speaker, I want to ask my colleague a question regarding consultation on Bill C-4.

The member talked about how none of the consultation happened before with Bill C-377 and Bill C-525. However, we did extensive consultation. We had many union members and union leaders come in at committee and Senate stage to talk about this.

Does the member not understand that some of the polling we did with Leger and Nanos showed that more than 84% of union members were in support of the legislation we put forward.

Did the Liberals do any consultation with actual union members, or was it just with union leadership?

Canada Labour CodeGovernment Orders

February 3rd, 2016 / 6:25 p.m.


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Liberal

Darrell Samson Liberal Sackville—Preston—Chezzetcook, NS

Mr. Speaker, I am extremely pleased to stand today in support of Bill C-4. Bill C-4 removes many of the barriers and administrative burdens on labour groups that the Conservative government put in place.

I would like to begin by saying that unions have played an important role in Canada for a very long time. It is that partnership that has contributed to the success of this country and our economy. It is important to mention that it has also improved the fundamental rights of individuals in the workplace. That is essential and should be noted.

The contributions of unions have been very large, but I would like to share a few points with the House tonight.

Unions have played a major role in establishing an eight-hour workday, a five-day work week, parental benefits, which are essential as well, and health and safety standards. There are many areas where the unions have contributed to the success of those changes.

Labour unions have greatly contributed to the balance between the rights of workers and the ability of employers to run efficient operations and businesses.

In my past life, I spent 11 years as the superintendent of the French school board. During that time, I had many opportunities to work closely with unions, unions that were our partners and our workers. I can assure members that it was a successful experience with successful negotiations. The employees were able to benefit from many of the things we negotiated, but the school board was also able to gain from the negotiations. It was a partnership that was extremely important.

Unfortunately, Bill C-377 has tipped the scales in favour of management by forcing the public disclosure of information, which in most cases, is not required for private corporations.

It is important to mention that Bill C-4 is in no way intended to cut transparency.

Bill C-377 is redundant legislation.

If we look at the province of Nova Scotia, the Trade Union Act has provisions that allow all union members to access copies of any financial statement free of charge. The result of this transparency measure is that no complaints have been filed in Nova Scotia over the last five years on this type of issue.

I must also mention that the province of Nova Scotia has noticed the federal government's interference in this area, which is traditionally a provincial jurisdiction. At the May 7, 2015 meeting of the Senate committee on Legal and Constitutional Affairs, the Nova Scotia Minister of Labour and Advanced Education, Hon. Kelly Regan, stated:

governments all across Canada are doing what they can to eliminate regulatory duplication and red tape....It's hard to understand why the federal government would enter into this area of provincial jurisdiction.

I agree fully with the minister.

It is even more surprising to hear the opposition say that most people were in favour. B.C., Manitoba, Ontario, Quebec, New Brunswick, P.E.I., and of course, Nova Scotia all opposed Bill C-377 and Bill C-525.

I would now like to talk a little bit about Bill C-525. This Liberal government is proud to be able to undo the damage done by the Conservative government's Bill C-525. That bill is forcing workers who want to create a new union to obtain the signatures of 40% of its members and have a secret ballot on the issue. Obviously, the Conservative government's strategy was to add layers to the process for creating a new union.

Our government firmly believes that we should not discourage people from participating in a union. That is why we want to restore the former system under which workers only needed the signatures of 50% plus one.

As with so many of its initiatives, our government is working hard to collaborate with all regions of the country, with all sectors of the economy, to bring real change for all Canadians.

Our government has chosen to put its trust in this country's labour organizations and the workers they represent. We must ensure that they are not treated unfairly at the negotiating table. This represents a change of tone and attitude compared to that of the previous government. It is a tone where we treat not only unions and their workers with respect but also our indigenous communities, veterans, families, and democratic institutions.

I am proud to provide my full support to this bill and I congratulate the Minister of Employment, Workforce Development and Labour for her leadership in bringing this legislation to the House.

Canada Labour CodeGovernment Orders

February 3rd, 2016 / 6:25 p.m.


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NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Mr. Speaker, as I sit here listening to members from the Conservative Party who, in some cases, literally thump on their desks for the cause of democracy, I would be remiss if I did not take note of the fact that when Bill C-525 was first presented in the House, it said that if people did not attend a meeting on certification, the government would, in effect, vote for them and say how they would be voting. In the case of certification, members not present would, effectively, be deemed to have voted against certification. In cases of votes for decertification, union members not present would be deemed to have voted for decertification.

Surely, if the government were to present legislation in the House that were to dictate the votes of members not present for votes, all of us, including members in the Conservative caucus, I think, would say that this was an affront to democracy.

In light of that conception in the original bill, does the member find it as rich as I do to be accepting lectures today from the Conservative caucus on the nature of democracy?

Canada Labour CodeGovernment Orders

February 3rd, 2016 / 6:15 p.m.


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Liberal

Larry Bagnell Liberal Yukon, YT

Mr. Speaker, I will be splitting my time with the great member for Sackville—Preston—Chezzetcook.

I am very pleased to participate in the debate on Bill C-4, the proposed repeal of two labour bills passed by the previous government. This is an important piece of legislation, and I encourage my fellow members to support its passage in the House.

Some do not agree with our moving to repeal these bills, which is fair enough. However, suggesting the government has a hidden agenda goes too far. During the election campaign, the Prime Minister publicly made a commitment to repeal both these pieces of legislation. Canadians went to the polls and they expect us to keep our commitments. It was also clearly spelled out and made public in her mandate after the minister was sworn in as Minister of Employment, Workforce Development and Labour. This commitment was restated by the Prime Minister when he spoke to the Canadian Labour Congress in November. Far from being part of some hidden agenda, the government's intention to repeal these bills was made very clear, stated often, and its reasons for doing so were repeated frequently.

Let us start with the most important reason. Repealing these bills would help restore a fair and balanced approach to labour relations in Canada. While both of these bills pose a number of problems, today I am going to focus on the legislative amendments made by Bill C-525. Bill C-525 changed the union certification and decertification processes under three federal labour relations statutes: the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, and the Public Service Labour Relations Act.

Prior to these amendments enacted through Bill C-525, federally regulated unions could use what was called a “card check system” for certification. If a union demonstrated that a majority of workers had signed union cards, the union could be certified as the bargaining agent for these workers, although it was only required if less than a majority signed but enough to indicate a strong interest, 35% under the Canada Labour Code, for example.

Bill C-525 changed that to require that unions show at least 40% membership support before holding a secret ballot, and to require a vote even where more than 50% of voters had signed union member cards. It also made it easier for unions to be decertified by lowering the threshold to trigger a decertification vote to 40%, compared to majority support, which was previously required. Essentially, Bill C-525 made it more difficult for Canadian workers to unionize. This is not good for our economy and it is not good for Canadians. Unions help to address inequality by helping to ensure fair wages. They help protect worker safety and prevent discrimination in the workplace. They also help employers because a fair workplace is a more productive workplace, and more productive workplaces help to grow our economy and help strengthen our middle class.

What was presented in Bill C-525 was essentially a solution in search of a problem. There were no great rallies on Parliament Hill or even in the boardrooms demanding that we change a union certification system that had worked successfully for many years. The card check system, whereby a union is certified by demonstrating majority support through signed union cards, has been used successfully for many years in the federal jurisdiction and in several provinces. A number of unions, like Unifor and the Airline Pilots Association, argued that it is fast and efficient and much more likely to be free of employer interference than the mandatory secret ballot system brought in under Bill C-525. The card check system is not undemocratic. It required a majority support through signed cards. The Canada Industrial Relations Board has strong measures in place to ensure the process of signed cards is fair.

It should also be noted that representatives from both sides of the bargaining table were highly critical of how the previous government brought in these changes. Both bills were brought in as private members' bills, and without consultation with employers, unions, or other levels of government.

Many argue that it set a very dangerous precedent for future labour reform. They are right. We believe that fair and balanced labour policies developed through real and meaningful consultation with unions, employers, stakeholders, the provinces and territories, and the Canadian public are essential for harmonious labour relations.

Bill C-377 also presents problems that could have been averted with proper consultation. We have heard my colleagues talk about that in great detail. Among other things, it has the potential to seriously disrupt collective bargaining processes. For example, detailed information about unions, including information on union strike funds, would be available to employers. It seems like a blatant attempt to make things harder for unions. We recognize the essential role that unions play in protecting the rights of workers and helping the middle class to grow and prosper.

It is clear that the legislative amendments enacted through these bills must be repealed in order to restore fairness and balance in our approach to labour relations in Canada. To do less would be a disservice to workers, employers, and the economy.

Canada Labour CodeGovernment Orders

February 3rd, 2016 / 5:55 p.m.


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Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

Mr. Speaker, the hon. member does not seem to appreciate the fact that I am talking about my private member's Bill C-525. Bill C-377 was a transparency mechanism that was brought in by one of my colleagues. He would be better served asking my colleague about that, but I support the notion of transparency.

Taxpayers subsidize union dues being paid to the tune of $500 million a year. That is exactly the budget of running the entire Parliament and democracy of our country. That is a lot of money and union members have a right to know where that money is being spent.

I do not think there was anything wrong with a $5,000 threshold. It is a mandatory tax if one is a union member. Union members have to pay it. That is the deal and that is fine. I do not disagree with that deal. I think union members ought to know where it goes.

After all our celebrations on democratic rights for women getting the right to vote in Manitoba, and references to Irene Parlby, one of the Famous Five, who is from my riding and came from Alix, Alberta, is the hon. member going to wear as a badge of honour the fact that when he passes this legislation proposed by the Liberals, he is going to take away the right to vote of every woman worker in this country?

That is the badge that he and the Liberal Party are going to wear because every woman, who is part of a union or not part of a union, has just lost the right to vote. I would be ashamed of that record.

Canada Labour CodeGovernment Orders

February 3rd, 2016 / 5:40 p.m.


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Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

Mr. Speaker, I am honoured to rise in my place to speak to this today. I will be splitting my time with the member for Central Okanagan—Similkameen—Nicola.

First, I want to thank everyone in the previous Parliament who passed my private member's Bill C-525. I am very disappointed at how this debate has been framed by members in the Liberal Party, the NDP, and others.

My bill is not an anti-union bill. It has been long established that unions have the right to exist and that Canadians have a charter right to associate and affiliate with one another. That is not what is in question here.

My bill is not anti-union. My bill is pro-democracy, and it worked in part with Bill C-377, which is pro-transparency. Those were the issues.

My bill came about as a result of consultations with my constituents. Every time we hear a Liberal MP or an NDP MP talk about consultations, the only people they are talking to are union leaders, or big business.

The Conservative Party actually talks to everyday ordinary Canadians. We know we are on the right side on this issue. We know we are right because polling information clearly indicates where Canadians are and where workers are, in particular where union workers are on this issue.

I already have had a number of calls from constituents and card carrying union members who are disappointed that it is a priority of the Liberal government to undo what we were able to do in the last Parliament, which was bestow a mandatory secret ballot in the process of certifying or decertifying a union.

How can it be called democracy if we take away the right to a secret ballot? It has been established long ago that the hallmark of any modern democracy is a secret ballot vote. Would members of Parliament feel that they were here legitimately if they were able to go door knocking and stand on people's doorsteps, make their pitch and say that they happened to have a ballot in their hands, and a couple of their friends with them, and encourage people to sign those ballots and vote for them? That is exactly what the card check process is.

I have been a member of a union, and my union served me well in times when I needed it. However, I was also in the hall where I heard my union representatives use these kinds of tactics, tactics that we hear of all the time, threats and intimidation, boisterousness, the louder they spoke, the more forceful their point was. It does not matter how right they were, it just mattered how loud they were. It was not necessary. I did not need to be convinced. I was going to support whatever we decided to do as a group. I did not need to be intimidated or beat into line on these issues.

I have also sat across the table as a municipal councillor negotiating on behalf of taxpayers for a public union. I saw through those secret negotiations, much like the ones the NDP always claimed, when we were doing trade negotiations. Every negotiation was done this way. I never heard an NDP member of Parliament say that union negotiations should be done in front of the entire world for everybody to see. Those members think TPP should be done that way, but they do not think a union negotiation should be done that way.

Notwithstanding that hypocrisy, I have been there. I have seen who was looking after who in these negotiations. I saw union leaders ensure that whatever the contract was, if it started to go bad for the union people, the people at the very top, the people with the seniority, not the new people, not the new workers, not the most vulnerable workers in the union, the ones who had the least seniority, but the ones who had the most seniority, the people with the most seniority looked after themselves. They were the ones who rose up to the top of the union leadership. The ones with the least seniority were vulnerable. Whatever negotiations happened, the people at the top made sure they took care of themselves first.

Where would that union member's right be to hold his or her union leaders to account if they were not actually representing even a junior member of the union to the best of their ability? There was no way because there was no mandatory secret ballot vote to determine who would represent those people at the collective bargaining table. This is absolutely fundamental.

We hear the other side complaining about a number of these issues, that Bill C-525 is anti-union, that it is creating disparity. Bill C-525 actually created the same process for creating a union as decertifying a union. Yet, the minister right now claims that they are going back to a more balanced approach. In her opinion, a more balanced approach would make it far easier for a union to be created and far harder for a union to be decertified. If it is the same way going in as it is going out, I do not understand how that tips the scales. That makes the scales level.

As a union leader, would a person not want to have his or her presence as a collective bargaining agent on behalf of the employees ratified by a secret ballot vote? Would he or she not like to carry that forward in confidence, knowing full well that he or she has 50% plus one of the membership of the union supporting him or her to negotiate a deal that is in their best interests?

The way it worked before my bill was passed was with a card check system. That is fine. A card check system is still used. It is just used to determine the threshold for when a vote should be called. That is fine. We must have some way of gauging interest.

However, we can do a card check under any guise. We can take a card to someone who is neither fluent in English nor French and tell them that they needed to sign this card to receive their pay and benefits. So, they sign a card. They do not know what they are signing. All of a sudden, there is 50% plus one of the members of the union. It was automatic. It is 50% plus one. It was automatic.

Is this not problematic? Does anyone not see an issue with this? It was open to abuse. It was open to intimidation.

What is wrong with a secret ballot?

I do not know whom the members in the Liberal Party consulted. They had closed-door meetings shortly after the election, but every union leader who came before the human resources committee during the deliberations on Bill C-525 had nothing but good things to say about the secret ballot.

The Christian Labour Association of Canada said that “CLAC supports efforts to...strengthen the democratic rights of workers” and stated that it looked forward to further speaking to the legislation when the Senate dealt with it. The CLAC representative repeated, “Yes, we are in favour of secret ballots.” That is a union leader who said that.

Robyn Benson of the Public Service Alliance of Canada, the largest public service union in Canada, said:

Contrary to what you may have heard, PSAC has no issue with voting by secret ballot. We do it regularly to elect our officers, ratify collective agreements, and vote for strike actions, as examples.

Really? Robyn Benson said that in front of the committee. What is the problem? What is the issue? They want to be legitimized. They want to have that process legitimized.

FETCO also agreed with it. Mr. Farrell from FETCO said:

I believe the major disadvantage is that there's no clear evidence that all of the potential union members have had an opportunity to seriously consider the question of a unionization and to express their opinion behind the screen of a ballot box in a secret ballot vote.

What Mr. Farrell was actually saying and responding to there was a question that is very fundamental. If they do a card check system they actually would not even have to check with all the members of the bargaining unit. They could just go until they got 50% plus one, wipe their hands, call it a day. They did not even check with everyone. People can show up the next day at work never knowing that a union drive had even taken place and be an automatic member of the union.

How is that fair? How is that a democratic process? People do not even have an opportunity to discuss it.

I have a lot more examples. There are numerous polls by Leger and Nanos and ask the question, “Should Canadians have the right to a secret ballot before they decide to join a union or not? What is their best interest?” In every case, as confirmed by the testimony of union leaders themselves, Canadians overwhelmingly, over 70%, and sometimes over 80%, say, “Yes, this is true”. And when they asked an actual union member of someone who was in a union, that number even got higher, sometimes up into the high 80s percentages.

It makes absolutely no sense. There is not a problem here that needs to be undone, contrary to what these folks over there want Canadians to believe.

We on this side of the House, the Conservative Party, and only the Conservative Party, stand up for transparency and for accountability for workers.

If anyone in Canada has any doubts who is on the side of the everyday working man and woman in this country, it is Conservative members of Parliament.

Canada Labour CodeGovernment Orders

February 3rd, 2016 / 5:40 p.m.


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Liberal

Julie Dzerowicz Liberal Davenport, ON

Mr. Speaker, we very much believe that for Canada to have a strong middle class and a strong economy, we need to have a strong labour movement. We believe that unions play an important role in protecting the rights of Canadian workers and helping unionized workers to access benefits and pensions in addition to what I have just mentioned, helping the middle class grow and prosper.

This is why we are very much committing to repealing Bill C-377 and Bill C-525.

Canada Labour CodeGovernment Orders

February 3rd, 2016 / 5:40 p.m.


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Liberal

Julie Dzerowicz Liberal Davenport, ON

Mr. Speaker, part of the reason we are repealing this bill is that we believe that there was a huge issue around the process.

The bill was highly discriminatory and deeply ideological. For it to go through a normal process, it has to be open, transparent, and consultative. The process of a private member's bill did not allow for the intensity of dialogue in consultation with the broad array of stakeholders, as if we went through a normal process.

That is why we are repealing both Bill C-377 and Bill C-525.

Canada Labour CodeGovernment Orders

February 3rd, 2016 / 5:40 p.m.


See context

Liberal

Julie Dzerowicz Liberal Davenport, ON

Mr. Speaker, I will be speaking to Bill C-4 today. The Government of Canada believes that we should be treating our unions in a fair and balanced way. This is the principle behind repealing Bill C-377 and Bill C-525. The other reason we are also repealing this is the whole process. If there are issues around workers or unions or just human resource policy in Canada, the best way for us to go about dealing with it is in an open, transparent, and consultative way.

To me, that is the way we should be dealing with any of the issues, both now and moving forward.

Canada Labour CodeGovernment Orders

February 3rd, 2016 / 5:25 p.m.


See context

Liberal

Julie Dzerowicz Liberal Davenport, ON

Madam Speaker, I will follow the wonderful example of the hon. member for Kenora and start by giving members a bit about my background and some context.

I first want to mention that before I became an MP, I was privileged to work as a director of a large corporation. I worked for big business and was very proud to do so.

I also come from a family where my father worked for Canada Post for almost 30 years and was part of the union there. The only reason my mother does not live in poverty at the moment is that we very much benefit from his ongoing pension. The reason I mention this is that I believe we should treat all of our partners in the economy in a fair and balanced way, whether big business or unions. This is very much the principle that is behind the bill that I will be speaking to today, Bill C-4.

I am the very proud member of Parliament for Davenport, which is a riding in downtown west Toronto. We have a number of union members there, whether in the construction and labour trades, such as LiUNA painters, carpenters, or from the public sector or Canada Post. There are many other unions that I have not mentioned. However, the point I want to make is that Davenport has a lot of union members who want a fair and balanced federal labour policy, as do all Canadians. That is what we are trying to do with Bill C-4.

I welcome the opportunity to speak in support of Bill C-4, which aims to repeal the legislative changes made by Bill C-377 and Bill C-525. I would also invite all members of the House to support this important bill.

As mentioned in my introduction, in the broadest of strokes, Bill C-4 aims to restore a fair and balanced approach to labour relations in Canada. Because this government has promised Canadians that we will do things differently from the start, the words “fairness" and “balance” resonate with me. We believe that how we do things is just as important as what we do. The laws that throw a wrench into positive working relationships between government and unions, between employers and employees, and between different levels of government do not help anyone. Negative and contentious labour relations are destructive. They gnaw away at the foundation of a structure until it can no longer stand. However, it is that structure that supports workers, employers, and our economy as a whole. Therefore, we need that structure to be strong.

My colleague the Minister of Labour has taken members through some of the finer points of Bill C-377 and Bill C-525. I would like to use my time today to explain the impact these bills have on unions and workers and how they and in turn all Canadians would benefit from the repeal of the legislative changes made by Bill C-377 and Bill C-525.

I will begin by commenting on Bill C-377. Members should consider the fact that this bill forces labour organizations and labour trusts to provide very detailed financial and other information to the Canada Revenue Agency, such as salaries and time spent working on political or lobbying activities.

The bill also requires disclosure of all disbursements greater than $5,000 by unions, including names and addresses of anyone whose goods or services are purchased. There are a lot of other data requirements, which I will not go into. However, the key point is that the bill requires information that no other organization is required to provide, be it a public, private, non-profit, or charitable organization, or even a political party. To some this may not seem entirely unreasonable at first glance. However, if we dig a little deeper we would find that it could have serious and substantial ramifications.

First, it creates an extra level of unnecessary red tape, which could be particularly problematic for smaller organizations with fewer resources at their disposal. The Canada Revenue Agency would share that burden. It would have to develop new and expensive IT systems and other administrative systems to implement the bill. That is an unnecessary cost that would fall to Canadians. It is unnecessary because we already have legislation in place to ensure that unions are financially accountable to their members, as we heard today during the earlier debate. All of this is referred to in the Canada Labour Code.

Furthermore, similar accountability measures have been put in place by almost every province. Bill C-377 would impose a large financial and administrative burden on labour organizations, labour trusts, and government bodies, among others, for information that is not required from other organizations. As though that were not enough, if these organizations do not report on time, they must pay a fine of $1,000 for every day they are late, up to a maximum of $25,000.

Fortunately, my colleague, the Minister of National Revenue, took all the necessary steps to waive reporting for the time being. However, we know that this is a temporary solution since the waiver only applies to the 2016 fiscal period. In addition to the administrative burden being significant and unjust overall, the effect that the reporting requirements would have on the collective bargaining process would also give an unfair advantage to employers at the bargaining table. For example, detailed information about union strike funds would be available to employers, which means that employers would be able to calculate how long union members might be able to stay off the job in a labour dispute. If that is not uneven footing, I do not know what is.

It is clear that Bill C-377 is unnecessary and discriminatory. It clearly disadvantages unions during the collective bargaining process. At the root of it, I believe it is an attempt to make things harder for unions and to drive a wedge between employer and employee relations in Canada.

This brings me to Bill C-525. This bill made changes to the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, and the Public Service Labour Relations Act that affect how unions are certified and decertified. It makes it harder for unions to be certified as collective bargaining agents and easier for a bargaining agent to be decertified. The changes mean the process is more susceptible to employer interference and makes unionization more difficult.

Bill C-525 is not just problematic for unions but imposes some serious burdens on others as well. For example, there are real implications for bodies such as the Canada Industrial Relations Board, as well as the Public Service Labour Relations and Employment Board. Both boards are responsible for the full cost and logistical responsibilities involved in holding representation votes. Under these changes, the Canada Industrial Relations Board would be required to hold a vote to certify a union not just when less than a majority of workers have signed union cards, but would need to do so in all cases. This would mean a fivefold increase in the board's workload.

These bills do not represent a positive contribution to labour relations in Canada. In fact, they cause real harm. It is no surprise that when policies are developed without proper consultation, as was the case with both of these bills, they often end up causing more harm than good. Liberals believe in reforming labour policies through meaningful engagement with unions, employers, stakeholders, provinces and territories, and the Canadian public. It is the only way to ensure a fair and balanced approach to labour relations in Canada. As we have said before, sound labour relations are essential for protecting the rights of Canadian workers and helping the middle class grow and prosper. It is also the necessary foundation of a system where both employers and unions play valuable roles in ensuring that workers receive decent wages and are treated fairly.

I urge all of my colleagues in the House to support Bill C-4 and bring back the fair and balanced labour relations approach all Canadians want and deserve.