OTTAWA – The federal government moved quickly last week to push Canadian Labor Code amendments over their first parliamentary hurdle and onto the second – public hearings.
The Liberal majority voted to send the bill to a committee that will begin public hearings within weeks.
Included among the package of changes is a proposal meant to keep export grain flowing through the ports during strikes or lockouts that do not involve parties directly involved in the grain trade.
There also are restrictions on companies’ ability to use replacement workers during strikes or lockouts.
Read Also
Agriculture ministers agree to AgriStability changes
federal government proposed several months ago to increase the compensation rate from 80 to 90 per cent and double the maximum payment from $3 million to $6 million
The provisions affecting grain movement have drawn little complaint.
Usually when grain exports have been disrupted by labor turmoil at the ports, the parties involved have not been grain companies or their unions, but other employers and employees who drag grain into it as a way to increase pressure for a legislated settlement.
Grain industry companies and workers would not be affected by the changes.
Labor minister Alfonso Gagliano said the proposal would deal with most of the potential disruptions at the ports. If it does not, the government will bring in tougher rules after 1999.
Minister confident
“We are confident that this measure will address the vast majority of disruption to grain exports at Canadian ports,” said the minister.
Reform labor spokesperson Dale Johnston called it a half measure because it only deals with grain at the port.
“There is no provision to ensure that grain reaches the port if there is a labor dispute elsewhere in the system,” he complained. “If that happens, Parliament will be called upon to legislate everybody back to work.”
During hearings, Johnston and the Reform party will be pushing their proposal for final-offer arbitration, which would end strikes by forcing arbitrated settlement of unresolved issues.
During the two-hour House of Commons debate, Liberal speakers stuck to the argument that the labor code proposals strike a balance between competing labor and management sides.
Gagliano said that is particularly evident in the compromise on replacement workers. Companies can use them to keep a business operating but if the union believes the replacement workers are being used to try to break or weaken the union, they can file a grievance to the Canada Labor Relations Board.
The replacement workers cannot be members of the striking union and after the dispute has ended, the original workers will be rehired first.
“The government had to make a decision,” he told the Commons. “It opted for a moderate and reasonable approach which strikes a balance between the rights and the responsibilities of those involved.”
The Bloc QuŽbecois opposition argued replacement workers should be banned.
Johnston said the formula on use of replacement workers will cause more uncertainty because the rules are unclear.
