:
Mr. Speaker, Canadians may not even realize just how great the railways impact on the economy. I want members to consider these facts. Canada has the third largest rail network in the world and it handles the fourth largest volume of goods in the world. Two-thirds of Canada's rail traffic moves transborder and overseas trade. In fact, 40% of Canada's exports rely on rail transportation. With no trains running, the implications of this strike are widespread.
Let us take a look at Canadian Pacific Railways book of business.
Transport Canada reported that in 2010 CP Rail handled 74% of all potash, 57% of all wheat, 53% of all coal and 39% of all containers within Canada. In terms of revenue on an annual basis, this represents $5 billion worth of potash, $11.1 billion worth of grain and $5.25 billion worth of coal.
In addition to moving the potash, the wheat and the coal, the bulk commodities, this work stoppage is also impacting the manufacturing sector, the auto industry specifically. Auto parts are the third largest container import good that enters Canada through the west coast ports. This work stoppage is preventing these parts from being shipped to manufacturers here in Ontario.
Along with some members of our caucus, last evening I met with representatives of car manufacturers who told me that without the parts they need, assembly lines will slow down or stop, resulting in lost production and, depending on the duration of the work stoppage, possible layoffs affecting all auto manufacturers.
In regard to container traffic, $200 million of cargo is traded through the port of Vancouver alone every day. That cargo is destined for Canada's economic trading partners and the homes of hard-working Canadian families.
The economic impact stretches even further as Canada's rail companies paid $787 million in fuel last year, property taxes, sales and other forms of taxes in 2010, and over $2.5 billion annually in wages and benefits. That is the money that circulates through the entire Canadian economy. I think members can understand why our government is so concerned about the work stoppage at CP Rail and the fact that activity has been ground to a halt.
I want to be clear. Resorting to a work stoppage is not the norm for labour relations here in Canada. In fact, it is just the opposite. When the labour program is engaged through mediation and conciliation officers, 94% of negotiations and disputes are actually resolved without a work stoppage. We do see this, undoubtedly, as the better option.
When parties choose to resolve their differences, both the employers and the unions carefully consider the importance of maintaining the strength, the viability and the competitiveness of their operations. When parties choose to resolve their differences, they are recognizing that work stoppages and labour instability leads to long-term and generally detrimental impacts on the future of their company, on job prospects for new employees, on the customers they serve and on the national economy. However, that has not happened in this case and we are on day seven of a work stoppage.
There is no denying that negotiated agreements work. As we have always said, the best and the longest lasting solution to any labour dispute is when the parties come to an agreement at the table. However, there are instances when the parties are just too far apart to reach a compromise.
Let us look at the current dispute. In the case before us between CP Rail and the Teamsters Canada Rail Conference, there have been repeated efforts to break the impasse and the parties have tried to reach contracts for all the people who are involved. The TCRC, the teamsters, and the CP Rail representatives actually started negotiating in October and November 2011. The main issues in this round of bargaining for both units are important. They are pensions, health care benefits and working conditions.
However, by mid-February of this year I received notices of dispute from the employer for both units indicating that they needed some labour intervention. We provided the parties with the services of two conciliation officers for both unions' bargaining units. It made sense to have the same conciliation officers for both units so that we could have some consistency in the process.
Unfortunately, reconciliation was not achieved and, quite frankly, things have not progressed toward negotiated agreements. As such, the parties were released from conciliation on May 1.
On May 16, I met with the representatives in Calgary where I proposed a five point plan that would have provided extended mediation services for 120 days to the parties, as well as have a third party expert in pensions at the table, which would have delayed the possibility of a work stoppage. This was in recognition of the difficulties the parties had in terms of negotiations. Unfortunately, the union rejected this offer and the work stoppage began on May 23.
Even after the strike commenced, we provided assistance to the parties every single day.
However, on Sunday, May 27, the mediators tabled draft terms for voluntary arbitration that represented, in their view, a compromise solution to help address the impasse and avoid back-to-work legislation. In very short order, in under an hour, both parties rejected this compromise voluntary arbitration.
As a result, the officials from Labour Canada withdrew their services because, in their opinion, they determined that the positions of both parties were so entrenched that no forward motion was possible.
In situations where no resolution is in sight, where a strike is ongoing and the lives of Canadians and the health of the economy are being affected, the government has no option but to act. Indeed, the government has an obligation to act, which is why our government is introducing Bill . It would end the work stoppage but it would also provide the parties with an interest-based arbitration process to help them resolve their conflict with the help of an arbitrator.
I can assure my hon. colleagues that this was not our first choice. Members on this side of the House do believe in the right to collective bargaining and would much prefer to see labour disputes resolved by the parties involved, as it is done a vast majority of the time. Our government only intervenes in situations where the public interest is seriously threatened, which is the case today.
History will show that, in 1995, the Liberal government at the time was faced with the same economic situation as a result of a rail labour dispute. It was during the debate on the back-to-work legislation in 1995 that the Liberal labour minister, Lucienne Robillard, stated in the House of Commons:
We would be lacking in our duty to the people of Canada if we allowed a work stoppage in the railway sector to threaten the stability of our economy and the jobs of the thousands of workers affected by this dispute.
It is this duty to Canadians and to our economy that I am asking for this House to support Bill . It is because there is so much at stake for individual rail workers, the company, businesses and their employees who depend upon CP's services and, quite frankly, ultimately, the economic recovery itself.
I would ask hon. members to ask their constituents, particularly the businesses in a constituency. I know what they will hear. They will hear that we cannot afford an extended work stoppage in one of Canada's most important transportation systems. The risks to jobs, to corporate profits and Canada's global competitiveness, frankly, are too great. Like other industrialized economies around the world, Canada is coming out of a difficult economic period.
While our government is proud of our record of sheltering Canadians from the worst effects of the downturn and laying the foundation for recovery, we all read the papers every day.
We all know our country is not immune, however, to currents in the world economy, events beyond our borders over which we have no control. We have uncertainty in Europe at the moment, and there very well could be more turbulence in the days and months ahead. Therefore now is not the time to risk our economy, especially considering that we are making steady progress in creating jobs and restoring consumer and investor confidence.
I do want to remind my hon. colleagues that as of April 2012 our unemployment rate has dropped to 7.3%. That is a definite improvement over last year. That is no wonder, because we added 58,000 new full-time jobs last month alone. However, to maintain this progress and to promote economic growth we need to be vigilant. We cannot afford to allow labour disruptions to continue in a major industry so crucial to domestic trade and our international exports. A labour stoppage in this key sector of our economy would be a serious impediment to our recovery and growth, because quite frankly, the domino effect throughout the economy of a prolonged work stoppage at CP Rail could mean major losses at home or abroad.
What needs to be understood is this. There is much more at stake here than issues on a bargaining table. The employees represented by the Teamsters want to be treated fairly and they want our respect for their rights under the Canada Labour Code. Our government clearly understands this. However, Canadians have rights too and Canadians gave us a strong mandate to protect the economy. This strike affects more than CP Rail and its workers. It affects Canadian businesses, Canadian exporters, Canadian farmers, Canadian miners and Canadian ports, and it affects Canadian families. A prolonged strike puts other people's livelihoods at risk. It is those people's interests that we are acting for in proposing this legislation.
In opposing the bill, the opposition is putting its pro-union ideals squarely ahead of two things, common sense and the national economy. Its vision is narrow and it only stands up for special interests. I urge all hon. members to pass this bill as quickly as possible.
:
Madam Speaker, I am very proud to rise in this House this evening to defend the fundamental rights of the workers of this country. Today, those rights are being threatened, I could even say violated, by this bill that, once again, we must now study in this expeditious, but unfortunate way.
At the same time, I rise with very deep concerns about the direction that, day after day, this government is imposing on the House and therefore on our society and its communities. The Conservatives' vision and direction are frankly authoritarian and show a thinly veiled contempt for the workers of this country, for its ordinary men and women who, every morning, get on the bus and, every evening, make their lunches and their children's lunches, so that they can go and earn their living by the sweat of their brows. This government has an outrageous soft spot for those who run the big companies and the big banks in this country.
This government is completely out of touch and unapologetically ideological. It keeps telling us that the invisible hand of the market will solve all of society's problems. According to their ideology, simply encouraging individuals working in isolation to achieve their own ends is the way to achieve the common good. As progressives and social democrats, that is not a vision we share.
Deregulation, privatization and liberalization in other countries have failed miserably. Among the more recent examples is that of the “Celtic tiger”, the European dragon, Ireland, which for years adopted a neo-liberal approach and now lies in ruin while a neighbouring country, Iceland, consulted its citizens and took a different approach that was in the best interest of its people.
Last summer, around this same time, shortly after the historic May 2 election, I had the honour of rising in the House with my new colleagues, particularly our friend and former leader, Jack Layton, to fight for the rights of postal workers. The government conspired to lock them out. They were the very first victims of the government's wrong-headed, backward and anti-worker policies.
I am proud of the fact that I rose in the House back then along with all of my NDP colleagues, because that is the real reason we were elected. We were elected to stand up for people, and that is what we are doing today as New Democrats and progressives in Parliament.
We have to stand up to protect everyone from this right-wing government's attacks. A year later, little has changed in the House. Unfortunately, this government keeps doing the same thing over and over again. If it were as harsh with itself as it is with repeat offenders, we might be headed in a better direction right now.
This is the third time in a year, or the fourth if we count the two different groups of Air Canada employees. That is quite extraordinary. This government has a laissez-faire attitude, but it intervenes directly in a bargaining process and disrupts the existing balance when it comes to negotiating a collective agreement.
It intervenes to tell workers at a private company that they cannot collectively decide on their working conditions or negotiate them. This right is recognized not only under the Charter of Rights and Freedoms, but also by the Supreme Court. In 2007, the Supreme Court ruled that collective bargaining is a fundamental aspect of Canadian society. Today this fundamental aspect is being attacked by the and the Conservative government.
I would like to make an aside, because it is important to put Canada's legal and international obligations into context.
Together with the International Labour Organization, Canada signed Convention 87 on the freedom of association and protection of the right to organize.
This convention recognizes the right to free association and bargaining.
I will cite the opinion of Michael Lynk from Western University in Ontario on this freedom of association. The quote is in English because the original version is in that language.
[English]
The right of unionized employees to strike through the peaceful withdrawal of services in order to defend their economic and social interests has been widely accepted as one of the pillars of the freedom to associate, along with the right to organize and the right to collectively bargain. Although the right to strike is not explicitly stated in either Conventions Nos. 87 or 98, the caselaw developed by the Committee on Freedom of Association and the cumulative reports of the Committee of Experts on the Application of Conventions and Recommendations have read the right to strike into the meaning of the freedom of association. A leading ILO study that reviewed the jurisprudence of the two Committees has stated that: “the right to strike is a fundamental right of workers and their organizations;” “strike action is a right and not simply a social act;” and “the right to strike is essential to a democratic society.” The Committee on Freedom of Association has ruled that: the right to strike [is] one of the essential means through which workers and their organizations may promote and defend their economic and social interests.
[Translation]
The government's violation of the constitutional right to strike and the freedom of association has already been challenged twice in the case of Canada Post and Air Canada. It is quite likely that this evening's bill will be added to that black list.
Government intervention hurts relations between workers and management. Once again, the government is unwise to meddle in an area that is none of its business. It is interfering in the collective bargaining process, and, it bears repeating, it threatened to pass special legislation not 24 hours into the strike. The government is going to create a situation that will spoil labour relations at Canadian Pacific. This will leave scars. People will no longer be motivated at work. They will be upset and frustrated, and rightly so. That is what this government is about to do. That is unfortunate.
Experts representing managers, workers and unions all agree that interfering in free collective bargaining will worsen the already tense relations between employers and employees.
George Smith—who is now at Queen's University, but who was a negotiator for Air Canada and CP in the past—has pointed out that the government is naive to believe that it can legislate peace in labour relations and is actually making the situation worse. He said:
[English]
Naively, the government thought it could legislate certainty and legislate peace, and neither of those things have resulted.
You’re mortgaging the future, and not knowing how much that mortgage is going to cost. In spite of the appearance of labour peace, there is no such thing.
[Translation]
The Conservative government continues to make bad decisions.
Not only does the government propose bad solutions, not only does it act when it should step aside and leave it up to the two parties to negotiate freely, but when the government is asked to act to save jobs, it is asleep at the wheel. The government was incapable of enforcing the Air Canada Public Participation Act on behalf of Aveos employees when 2,400 people were mercilessly laid off, including 1,800 workers in the Montreal region, where I have the honour of representing the residents of Rosemont—La Petite-Patrie.
We have a government that stays sitting on its hands, that does nothing, that does not lift a finger to save people who had good jobs, were well paid, and contributed to the economy. In the case in question, the government did not want to get involved because it stated that it was not its business, that it was a matter for the private companies themselves. Yet, when the private company is Canadian Pacific and it is having problems at the bargaining table, it takes less than 24 hours for the sword of Damocles to be brandished by the and for that sword to be placed above the heads of Canadian Pacific workers. We in the NDP find that unacceptable because it demonstrates a lack of respect for workers.
One should not be too surprised, however, because this very same government is also directly attacking Canadians' and Quebeckers' pensions. Yet barely a year ago, during the election campaign, the Conservatives never came clean about their intention to increase the eligibility age for old age security.
Yet before an audience of billionaires in Switzerland, the saw fit to announce that he was going to make changes. Now, he never mentioned this to Canadian voters, which very clearly demonstrates a lack of respect and a contempt for Canadians. Moreover, it is an attack that will affect the poorest workers, those of most modest means, which is unacceptable, just as it is unacceptable to attack the employment insurance system. This will hurt temporary workers, contract workers and seasonal workers.
This government does not care about people, does not care about the little guy, does not care about workers; it just wants to force down wages. The Conservatives know one direction and one direction alone when it comes to pensions and wages: down, down, down, except in the case of their corporate fat cat friends.
We need to say it frankly and stop beating around the bush. I believe that this is the first time in history that we have ever had a government that hates the government so much, meaning that the government detests the state that it leads. It does not like the state. It does not like social programs or the redistribution of wealth. And yet, it is running this country, while trying to smash it up and diminish it. It can readily be seen that it is an authoritarian government that feels deep contempt for our parliamentary and democratic institutions. It is a government that prefers intimidation to discussion. It is a bulldozer of a government that gagged parliamentarians more than 20 times in a single year. It is appalling, using closure more than 20 times.
Once again, debate is being limited on a special law that forces a return to work at Canadian Pacific. It is unacceptable. Members want to discuss and exchange ideas and to debate them, but the Conservatives do not like debates.
I am going to refer to two numbers, because I like to use numbers from time to time. The three readings of the current bill have been limited to three and a half hours of debate. For an act that is going to affect 5,000 families in Canada, this is completely unacceptable. Later on, when we meet in committee of the whole, one hour has been scheduled for discussion, when there are 308 members in this House. I took out my calculator and did a little math. If every member in this House were given the opportunity to speak, each would be able to do so for 11.7 seconds. Eleven seconds is what the Conservative government is offering us to discuss this bill in committee of the whole. This is unacceptable and appalling. It is beginning to be rather obscene. It is obscene to see this government destroy the legacy of social programs and institutions that were established with a view to a better society, a more just society in which people live in dignity through good jobs.
Workers are the ones who fought to abolish child labour. Workers fought for a weekend off—except, it would appear, the workers at Canadian Pacific—and for a 40-hour week, instead of having to work 12, 14 or 16 hours a day, as they used to. It is workers who fought for an employment insurance system and for health and safety protections. None of this fell from heaven. People fought for these things. It was not bosses or the government who decided all of a sudden one fine morning that it would be very nice to offer these things.
Let me provide my colleagues with some context by explaining why people at Canada Post, Air Canada and Canadian Pacific are so angry. They certainly have a right to be angry. The 100 most highly paid CEOs in Canada earned $44,000 in the first three days of 2012. They earned $44,000 between January 1st and 3rd. That is the average salary of a Canadian worker, the average annual salary. The CEOs pocketed the same amount in two days. On average, the 100 elite CEOs in Canada make 189 times more than the average Canadian worker.
Take one as an example. The CEO of Canadian Pacific earned $6.5 million in 2011, in one year. That may seem like a lot, but compared with his severance pay, it is peanuts. He quit his job and is no longer the CEO of Canadian Pacific. His severance was $18 million. These are the same people who are targeting the pension plan of 5,000 workers, who had the effrontery to ask them to slash their pension benefits by 40%. That is money they themselves have put aside. Today, management is trying to twist workers' arms and shove unacceptable cuts to their pension scheme down their throats.
Pension plans are under major attack everywhere in Quebec and Canada. We in the NDP are going to stand up and defend workers' pension plans.
I have a hard time understanding how a company that made a profit of $570 million last year, made a profit of $142 million last quarter and for the last four quarters has paid its shareholders a significant dividend is a company in difficulty. How come this company has to launch an attack on the pension plan of 5,000 Canadian families? How did we as a society get to that point today? Why is this Conservative government like the tower of Pisa? It always leans the same way, and never towards Canadian workers. It is unacceptable.
Why is it that Canadian Pacific cannot resolve the problem of worker fatigue? This has been a problem for years. The workers' requests and demands are rather simple. Since they are always on call, since they are always available and their vacation disappears all the time, they simply want to have the assurance that they can be at home with their families for two 48-hour periods per month. And they were told no by a company that made $142 million in profit in the last quarter. Is that the Conservative government's vision for Canada? CEOs get an open bar, while everyone else has to beg for scraps. Is that what the government wants—golden parachutes for bankers and attacks on workers' pensions? These attacks are very real.
A 50-year-old employee with 30 years of service at CP would lose $9,900 a year if management's demands are accepted, and that employee would have no other options. A younger employee, for instance someone who is 30 and has 10 years of seniority with CP, would lose $30,000 a year with the changes that management is demanding. That is unacceptable.
It is completely appalling that in a country as wealthy as Canada, the gap between the rich and the poor is only growing. Even people who are working are forced to seek assistance and turn to food banks, for instance. Since 2008, the number of people in the greater Montreal region who are turning to food banks has increased by nearly 40%.
By introducing special legislation—as in the case of Canada Post, Air Canada and now Canadian Pacific—this government is sending a clear message that employers can attack the working conditions of their employees, negotiate in bad faith—as is the case at Canadian Pacific—and their Conservative bodyguards will come to their rescue whenever they need help. The message being sent to employers is that they no longer have to negotiate. The Conservatives are always there to help them along and impose repressive legislation.
This has resulted in a serious imbalance in our labour relations regime, which is based on free bargaining by management and the union, where one party can exert economic pressure on the other. When a special law is imposed, the balance of free collective bargaining is upset. As we heard earlier, this is vital to our bargaining regime and has resulted in more peaceful labour relations and civility in our society.
Now we have a government that is already moribund, after being in power for just one year, and that has added insult to injury with its Trojan Horse. This mammoth bill amends 69 existing laws and is more than 450 pages long. The government also imposed closure on this bill. And what does the bill contain? It contains even more sustained and vicious attacks against workers, despicable changes to employment insurance and old age security, and the repeal of the Fair Wages and Hours of Labour Act. What we see here is perfectly aligned with the Conservatives' policies.
In closing, when it comes to the challenges of pension plans, the challenges of Canadian Pacific employee fatigue, and the challenges of employment insurance—with the pressure to reduce the salaries of seasonal, temporary, contract and self-employed workers—the picture looks pretty bleak. However, I would like to finish on a more positive note. I would like to finish with a message of hope for Canadian and Quebec workers.
The NDP will always be there standing beside workers and fighting the Conservative government's regressive policies. It will be there proposing real change and an alternative way of doing politics.
Our brand of politics will support the majority of the population, 99% of workers. We just need to be patient a little longer and continue to fight for a better society.
There will be an election, and together we are going to oust this government, which does not care about the concerns of Canadian workers.
:
Mr. Speaker, by its actions the government has telegraphed to Canadian businesses that they do not need to bargain in good faith with their unionized employees.
All businesses have to do is let time run out, leaving workers with no option but to withdraw services. Then, like a white knight, the government will ride to the rescue and force the workers back to work.
The Teamsters negotiators understand that the world economy has suffered and that the Canadian economy, while in a better position than most, is still fragile. Teamsters came to the bargaining table willing to work with Canadian Pacific in order to come to a fair and equitable contract, a contract that was fair for Canadian Pacific and its shareholders and fair for the men and women whose work ensures that Canadian Pacific earns the profits necessary to continue to pay its shareholders the highest premiums in 30 years.
Canadian Pacific has taken advantage of the government's willingness to play white knight. Its negotiators refused to negotiate with the union. Its position on all issues has been, “This is what we want; take it or leave it. The government will legislate you back to work.”
Canadian Pacific was counting on the government to step in. The government's willingness to introduce back-to-work legislation has become the elephant at the negotiating table. Management can make unreasonable demands, say no to reasonable negotiation proposals and bargain in bad faith. There is no incentive for the company to negotiate.
The government must let corporate Canada know that it will not solve all its labour problems. The government must let corporate Canada know that trampling on workers in the name of corporate greed will not lead to back-to-work legislation. The government must tell corporate Canada, “It is up to you to negotiate a fair and equitable collective agreement with your employees, not the government.”
When it became clear that the only option for the union was the withdrawal of work, Teamsters indicated that in order to ensure that commuters in Montreal, Toronto and Vancouver were not affected, it would continue to operate the commuter trains. They said their disagreement was not with the Canadians who were trying to get to work so that they could support their families, it was with Canadian Pacific.
Canadian Pacific's reaction to this offer was a flat “no”. Canadian Pacific was willing to make thousands of Canadian commuters suffer because it was not willing to bargain in good faith. Thankfully saner heads ruled, and Canadian Pacific finally agreed to allow the commuter trains to operate.
Many Canadians are probably asking themselves what the issues are and why the two sides cannot come to an agreement. I can answer the first one. The issues are pensions and fatigue management. I will have to leave the answer to the second question up to fair-minded Canadians to judge for themselves.
Canadian Pacific is asking the men and women who operate our trains and ensure that they run safely to take a 40% cut to their pensions. It is asking a 30-year-old employee with 10 years' service, who has another 25 years to work before getting a pension, to take a pension cut of $30,000 a year. Is that fair?
There are over 2,000 Canadian Pacific non-unionized management employees who are members of the CP Rail defined benefit pension plan. These non-unionized employees pay less money into the pension plan and receive a larger pension income than the unionized employees.
These employees are not being asked to take a 40% cut in their pensions. In fact, the non-unionized employees are scheduled to receive an increase at the end of this year. Is that fair?
The clawback of the unionized employees' pension benefits will put this money into the hands of Canadian Pacific. This is not money that Canadian Pacific earned; it is money that the employees earned. This windfall for Canadian Pacific will be paid out to shareholders that are now dominated by an American hedge fund investor. This is corporate greed at its very worst. This is not fair.
A tired worker is not a safe worker. We have learned this the hard way in both the trucking and air industries. I was parliamentary secretary to the Minister of Transport when the issue of fatigue management in the trucking industry was raised, reducing the 18-hour work day to a 13-hour work day.
I had the pleasure of getting in one of the Teamster trucks and going from Montreal to Ottawa to Toronto. It took us 18 hours. By the time we came back, the driver was exhausted. The same thing that applies to the people who are driving our trucks and to the pilots who are flying our planes should be applied to the people who are driving our locomotives.
That trip earned me a lifetime membership in Teamsters Canada. A good friend of ours who sits in this room, from Vancouver, is also a Teamster. Therefore, we have a union of two. Maybe we will start a local here.
While the 13-hour workday is not perfect, it is much better and safer than the 18-hour workday.
The House has spoken on the issue of worker fatigue and how it affects the safety of the individual workers and Canadians at large. We have defined hours of work in transport and in air.
Earlier this month, the Railway Safety Act received royal assent. The House spoke in one voice. We need to have defined hours of work in the rail industry. We need to have fatigue management incorporated into the rail industry.
The Teamsters' negotiating team proposed a fatigue and fitness clause that incorporated a successful pilot project, which was conducted in eastern Canada from 2007 to 2011. Canadian Pacific refused to consider this proposal.
Last Saturday, I had visited the Teamsters members at the McCowan rail yard when they were striking. I spoke with one of them. He told me that when he was called out to work, he was away from home for up to 53 hours, either working, or on call, or taking the legislated rest periods. Due to the maintenance on the tracks, a 6-hour trip can take up to 10 or 11 hours. He then has downtime. If he is lucky, he can get on the train to bring him back home to Toronto if it is ready. Unfortunately, this is not often the case. Therefore, he must wait. However, he must be ready on two hours' notice to get on the train to bring him back home, which is another 10- or 11-hour trip.
Canadian Pacific requires all of its employees to be fit and rested for duty at one time they are called to work. However, Canadian Pacific does not permit its workers to report that they are unable to work because of fatigue without threat of disciplinary action.
The workers are asking for two 48-hour periods of rest per month to help manage fatigue and to assist in the recovery of sleep deprivation. This proposal would allow employees to sleep in their own beds on two consecutive nights, twice a month. This is not unreasonable.
We should never have a strike on the issue of worker fatigue.
Canadian Pacific has thumbed its nose at the House and has said, “We don't care what you think about worker fatigue. We will do what we want”.
It is time for the government to tell Canadian Pacific that Parliament makes the rules, not CP.
I ask the to ask his department officials to immediately begin the necessary fatigue science studies so that regulations can be prepared as soon as possible. It is time to ensure that the men and women who operate our trains have reasonable, defined hours of work.
Teamsters Canada has filed a bad faith bargaining complaint with the Canadian Industrial Relations Board. It believes that Canadian Pacific has not bargained in good faith, but has relied on the government to legislate the workers back to work.
I believe that all fair-minded Canadians also believe that Canadian Pacific bargained in bad faith. That is why we are in the position we are today.
:
Mr. Speaker, I rise to talk about this from a different perspective. I want to talk about the back-to-work legislation from the point of view of what I see as abuse of power.
As we sit in this very privileged place, all of us who have pensions, medical and dental benefits and work in a safe environment, it is easy for us to talk in the abstract about the economy and what it needs, forgetting that an economy must be sustained by workers. If workers are not there to make corporations survive and therefore make profits, then they will soon die. It is cyclical. We cannot do one without the other.
That is why negotiations are so important and why a responsible government would not enter into the business of negotiations unless it believed it had come to a point where things had to be handled because they had gone awry. We saw that in 1995, when we had three rail strikes going on at the same time. The whole country was crippled. No one could go anywhere. The government was then forced to step in and the NDP supported us in our back-to-work legislation.
However, one has to allow that to take its time. One has to allow negotiations to occur. Negotiation and the psychology of it builds trust between employers and employees. It creates a sustainable environment in which employees work productively to the benefit of the company. That is psychology 101, not rocket science.
When a government intervenes, it plays a hand that it should not play. As we have heard everyone in the House say before, it is signalling to the employer that it is prepared to step in at any time. The employer then does not negotiate in good faith, the employees become mistrustful, angry and frustrated, tensions occur, we see strikes happen and then the government steps in.
This is a great short-term solution. Sure it gets people back to work. Certainly, it makes everyone think that the economy is doing well. However, in the long term it creates such a toxic labour environment that companies and workers can no longer sustain each other and have to break apart. There will be workers who will no longer want to work in certain sectors even though that is the only skill they have, mainly because they know the minister will intervene in those sectors so they will not have their constitutional right to bargain.
The idea of a constitutional right to bargaining goes back to something else I want to mention, and that being the slow bleeding of democracy in this place. A democracy adheres to the rule of law. The Constitution is the major umbrella law by which any government governs itself and its country. When a government decides that it can turn over and ignore the Constitution any time it wishes to, that again is not only an abuse of power, it is a flouting of the rule of law. The government knows that the rule of law is an important principle to any democratic country. Here we have the government again abusing its power, flouting the rule of law and the constitutional rights of its citizens.
Today we heard about the economy. The point is the economy will not survive unless in the long term there is some kind of trust, peace and a relationship between employers and employees. The government is ensuring that in the long term that will no longer occur and we will have continued decades of labour unrest and businesses not being able to thrive. That is the long-term blow to the economy about which the government talks.
Let us talk about the specifics. My colleague talked about the issue of safety. I am not surprised at all that the issue of safety is ignored by the government. Look at what it has done. It has been cutting back on Coast Guard rescues and food inspections. It seems to think that everything that deals with the safety of Canadians is not worthwhile and disregards it, playing instead into the hands of companies, corporations and businesses and ignoring the safety of the public. Safety is an issue.
Over the last four years, an average of 1,198 accidents have occurred on railroads. That is 1,198 accidents, 61 main-track derailments in a week on an average, 210 at crossings, 160 accidents involving dangerous goods in any one year, 81 fatalities in any one year over the last four years. This is about the safety and security, not of workers but of the communities through which the railroad passes and in which the railroad crossings are located. This is an important issue. Do we think the economy is more important than that? On the issue of fatigue, this is a short-term solution and it actually ignores the safety of Canadians once again.
We sit here very privileged. We have pensions. We have medical and dental benefits. We can sit here on our high perch and talk about what other people need. There is a huge gap in this country between the rich and the poor. The middle class, which is a solid indicator of a good democracy, no longer exists. The way we would go with EI, in which we would force people to take low-wage jobs and the way we would treat workers, in which we would force them to take lower-wage jobs and not negotiate with them appropriately for pensions, means the state would have to take on the burden of caring for every person who is in the low-income bracket, as we would see rising poverty and the rising number of low-income workers.
At the end of the day, the state would have to be responsible for the pensions and the health care and the well-being of our seniors. It is not long-term sense. It does not add up. It is not good math. It does not show the outcomes as very feasible and helping the well-being and benefit of this country on the whole in the long run. Then again, the government does not seem to care about that.
I will talk about the fact that when we look at the responsibility of government it should be not only to take care of this country immediately and in the short term, but to prepare a path in the long term for a strong economy, a strong social system and a strong society in which all people are able to pull their weight and build an economy. When people are in low-paying jobs or do not have jobs and are dependent on the state, who is going to pay the taxes to enable the state to support the people who are dependent on it? If anyone does not see that the government is turning what should be a virtuous cycle into a vicious cycle, this is exactly what the government is doing.
Here we are. If the government thought it won in the five times it intervened in labour negotiations in the last year, we now see it has created chaos that continues. It has created bitterness, long-term anger and unrest. We have two court challenges. The pilots' union is carrying on a court challenge and Canada Post carried on a court challenge.
Finally, I will refer members to what the judge who looked at the court challenges under Canada Post had to say. He said that the minister “would like the exercise of ministerial power...to be unobstructed, unguided or not subject to any criteria of qualification or competence for the arbitrator. In other words, the Minister would merely have to act in good faith and deem the person qualified for it to end the Court's judiciary review exercise.” He also said that “this is not indicated by common sense, case law, the economy of the Act or the specific labour relations context that govern the parties to the collective agreement”. In other words, the minister is interfering and not allowing justice and negotiations and the citizens to have their rights in this instance. This is bad for Canada in the long run.
:
Mr. Speaker, Statistics Canada figures confirm that in April of this year employment increased by 58,000, mostly in full-time work. This was the second consecutive month of notable gains on the jobs front for Canadians. Moreover, confidence among Canada's business leaders, a leading indicator for future economic growth in job creation, edged up in the first quarter of 2012. According to The Conference Board of Canada, business leaders showed increasing optimism over the future performance of their firms and the Canadian economy.
We can add to these glowing statistics the support for our economy contained in the recently introduced by the . As a result of our government's efforts, Canada has an economy that is the envy of many other countries in the western world. At a time of global financial uncertainty, at a time when sluggish world demand is impeding job growth, why would we allow anything within the boundaries of our own country to jeopardize our economic prospects? Why would we deliberately undo the good work that has protected our economy so far?
Canadian Pacific Railway is one of the iconic components of Canada's vast transportation system. Founded in 1881, the railway itself is a phenomenal engineering feat. It is one of the reasons we exist as a nation, uniting Canada from coast to coast.
In the 21st century CP Rail remains a crucial player in Canada's economy. Each year CP Rail moves freight in Canada valued at approximately $50 billion. According to Transport Canada, CP Rail annually carries about $11.1 billion worth of grain, $5 billion of potash and $5.25 billion of coal.
I would like to tell the House how the CP Rail work stoppage is harming Canadian businesses. In October 2009 the University of Toronto's Rotman School of Management report estimated that four key Canadian bulk shipping industries, oilseed and grain farming, coal mining, wood products manufacturing, and pulp and paper and paper products manufacturing contribute more than $81 billion to the Canadian GDP each year and account for close to 1 million jobs.
I find it staggering to contemplate the losses these four sectors of our economy will suffer as a result of the disruption in CP Rail shipping services. These services are very essential for these key sectors of our economy.
It is no mere metaphor to describe CP Rail's 22,000 kilometre network as a lifeline of our nation's economy. Moreover, its capacity for facilitating trade within Canada and other nations is enormous. This is a rail network that operates in six provinces and 13 states. It extends to the U.S. industrial centres of Chicago, Newark, Philadelphia, Washington, New York and Buffalo. Agreements with other carriers extend CP's market reach east of Montreal within Canada, and throughout the United States and into Mexico. By moving freight to and from Canada's west coast ports, CP Rail is also a vital link to the markets in Asia through the Asia-Pacific gateway.
This work stoppage is preventing our ability to keep products moving in and out of Canada and undermines Canada's reputation as a reliable place to do business. This is a setback from which it could take years to recover lost business and lost investments. Is the House prepared to stand by and allow a vast number of Canadian businesses to continue to be harmed as a result of the CP Rail work stoppage? As with any company, every lost day of business could weaken a firm that is already coping with reduced revenues.
A rail work stoppage has created an unsettling business climate. Businesses do not like uncertainty. When businesses do not feel confident about the future, they may postpone opportunities to expand, or change their shipping suppliers altogether. They may even lay off some of their employees. At a time when we want to build jobs and nurture our economic recovery, can we actually sustain this risk? Do we want this stoppage at CP Rail to jeopardize our work and achievement to date and put our recovering economy in peril?
The answer must be a resounding no. The time for action must be now. The legislation will end the work stoppage at CP Rail and provide the parties with an interest-based arbitration process to help them resolve their outstanding issues. The failure to reach a collective agreement has not been for lack of trying. The Government of Canada has done its utmost throughout the negotiation process to encourage the parties to reach an agreement. However, despite assistance from the Federal Mediation and Conciliation Service, the parties have been unable to resolve their differences.
I would like to take this opportunity to commend the and the mediators and conciliatory officers from the labour program for their efforts to assist the parties under the Canada Labour Code.
Canadians can take pride in the fact that 94% of labour negotiations in this country are settled without a work stoppage ever taking place when the labour program's professional mediators and conciliatory officers get involved. This would definitely be the preferred option for resolving the disputes under consideration today. Sadly, this preferred option is not one that was chosen for this dispute between CP Rail and its running trades employees and rail traffic controllers.
I will emphasize again that intervening in these disputes is not the option we would choose if circumstances were otherwise. The always encourages parties to work together to find mutual solutions to their differences. Most regrettably, it would seem that the will to come together for such a resolution does not exist with the parties in this case.
Our government fully recognizes that free collective bargaining is the basis for sound industrial relations. This is also clearly stated in the preamble of the Canada Labour Code. That code gives the parties the right to strike and lock out. Intervention is only in situations when the public interest is negatively affected. This is true, for example, when the national economy is affected by a work stoppage, as it is in this case.
Let us keep the statistics that are crucial in mind. CP Rail handles 74% of potash containers, 57% of wheat containers, 53% of coal and 39% of other containers in this country.
I would like the House to reflect on just a few questions. First, can we afford to let Canadian businesses and our economy continue to suffer? Second, can we let down the people of Canada who are counting on us to act? Third, can we deliberately undermine our enviable position of being one of the few nations in the western world to weather the global economic downturn?
To my mind, the answers to these questions are self-evident and that is why we must act now. I urge the members of this House to join me in doing the right thing. Let us give our full support to Bill to protect our economy.
:
Mr. Speaker, a responsible government must show leadership and act in the best interest of the majority. This means that it must occasionally make difficult decisions and take necessary measures to resolve specific situations. That is what we are doing tonight.
We are overcoming the impasse in the labour dispute between Canadian Pacific Rail and the two Teamsters Canada Rail Conference bargaining units, one representing running trade employees and the other rail traffic controllers.
The government introduced Bill to ensure the continuation and resumption of Canadian Pacific services. Why? Because Canada's ongoing but fragile economic recovery simply cannot withstand the impact of a prolonged Canadian Pacific work stoppage.
Allowing the dispute to get out of hand would deal a severe blow to our economy, which is just now getting back on its feet. If there is one sector in which a work stoppage can have serious economic repercussions, it is the rail transport sector.
In a country with an area of almost 10,000 km2, railways have been and continue to be a preferred means of transportation, especially when it comes to transporting freight. Agricultural products, forest products, chemical products, metallurgical products or everyday consumer goods—a host of industries rely on the approximately 22,000 km of railway that Canadian Pacific uses to transport and deliver the materials needed to manufacture those products and take them to markets. Any interruption in the Canadian Pacific services has an impact on other sectors and their workers.
As an article in the Canadian Press from January 26, 2012 said, and I quote, “The Canadian Pacific Railway transports coal, fertilizer, grain, vehicles, consumer goods and other products across North America. So it is commonly viewed as a barometer of economic health.”
In a very competitive and increasingly interdependent global market, all inputs count, all deadlines are critical and jobs are fragile. Without our intervention to ensure continued service, a growing number of businesses and workers would be affected.
It has to be remembered that Canada is one of the countries in the world that relies most heavily on international trade. We depend on international trade to ensure our prosperity.
Think about it. By virtue of its geographical position, our country is a crossroads between North America and the burgeoning economies, such as those of China, India, Korea, and Japan.
The rapid, safe and uninterrupted flow of goods along our supply chain and transportation network is a decisive factor in ensuring the vitality and success of our trade.
Most of Canada's bulk commodities and a lot of our manufactured products are transported by rail to their export destination. According to Transport Canada, in 2010, Canadian Pacific alone transported 74% of the potassium, 57% of the wheat, 53% of the coal and 39% of containers across Canada. Moreover, our railways are used to transport many imported products.
For example, the major increase in shipping trade over the past 15 years, especially by container, has been largely driven by Chinese exports. These containers are shipped to destinations in Canada and the United States through efficient intermodal gateways and corridors, which are a key factor in competitiveness.
The Canadian Asia-Pacific gateway and corridor offer world-class maritime, rail, road and air transportation infrastructure.
These are important assets, and we have set ambitious goals regarding this gateway and corridor with a view to bolstering Canada's economic outcomes.
However, the success of these initiatives depends on cooperation by all partners, including CP Rail. When a single link in the chain is broken, everything grinds to a halt. A work stoppage means that Canadian Pacific's activities cease, thereby blocking the flow of goods through the Asia-Pacific gateway and corridor.
To give listeners an idea of the importance of Canadian Pacific to our transportation infrastructure and supply chain, the value of freight transported by the company is estimated at approximately $50 billion. Clearly, any extended work stoppage at Canadian Pacific would foil our efforts to make the Asia-Pacific gateway and corridor a reliable segment of our transportation infrastructure, which would be extremely damaging to our economy and our reputation globally.
One thing is certain, an economy in which goods do not flow properly would be quickly compromised, and the alternatives are extremely limited. There are only two class 1 railway freight transportation companies in Canada: Canadian Pacific and Canadian National.
What is a class 1 railway? It is one of the largest goods piggybacking services based on operating revenue. For those like me who are unfamiliar with railway vocabulary, let me explain specifically what piggybacking is. It is the process of transporting truck trailers on special railway flat cars. CN has confirmed that its capacity to increase traffic would be very limited.
For example, for grain, CN could only handle no more than 10% of Canadian Pacific's freight. As for VIA Rail, well, it could not mitigate the negative impacts of a work stoppage at Canadian Pacific, because it is designed for passenger travel. A work stoppage would also have a negative impact on VIA Rail activities, because some of its trains travel on tracks that belong to Canadian Pacific. No trains could travel on these tracks without the approval of the rail traffic controllers.
We are here debating the merits of this bill because the very stability of railway traffic and the future of our economy are at stake. Negotiations between Canadian Pacific and the Teamsters Canada Rail Conference, which began in October and November 2011, are at an impasse because of major differences.
The collective agreements for the running train employees and the rail traffic controllers units expired on December 31, 2011. On February 17, 2012, the Federal Mediation and Conciliation Service received a notice of dispute from Canadian Pacific. Shortly thereafter, two conciliators were appointed to work with the parties—one for each unit—to ensure that the process was consistent.
For those unfamiliar with the Federal Mediation and Conciliation Service, it was established to help employers and unions subject to the Canada Labour Code resolve and prevent disputes. It therefore makes conflict resolution services available to employers and unionized employees in the form of assistance from conciliators and mediators.
The mandate of these third parties is precisely to help the parties reach agreements. It is true that it would have been preferable for these parties to have been able to resolve their dispute themselves. Everything possible was done to bring them closer together. Unfortunately, there are no signs of a favourable outcome.
:
Mr. Speaker, I appreciate that I will probably be the last to speak to this before we have to see the reaction on the other side.
Over and over again tonight, we have heard varying comments. I think the member for had one of the best ones that I heard tonight when she said, “We allowed them to come to an agreement”.
This is collective bargaining between an employer and the employees and she is trying to tell us that the government allowed them to try to come to an agreement. However, within 20 hours of a strike deadline, the government decided it would start talking to them about imposing back-to-work legislation, back-to-work legislation that favours the employer.
The government seems to forget who unionized workers are. Unionized workers are real people. They are not aliens or diseases, as the government would like people to believe they are. It is unbelievable what it tries to depict workers as.
Since the last election, we have witnessed over and over again the government abuse its powers to attack workers, workers' pensions and workers' wages by ramming back-to-work legislation through. We just have to think of Air Canada and Canada Post. Now it is after CP.
We cannot help but wonder who is next. The government just keeps favouring the big corporations over workers and it is trying to race to the bottom. One would think it was a Walmart.
All these workers want is a fair deal, a fair deal that they cannot get under a government that continues to stick its nose in collective bargaining. They want a fair deal so they can actually support their families and support their communities. These are who the real workers are. These are who unionized workers are. They are our brothers, fathers, neighbours and service providers. Their rights are being violated, rights that were recognized by the Supreme Court as being charter rights.
The government keeps talking about the economy. We are the ones who know the direction the economy has been taking. The government did not even believe we were going into an economic crisis until we were there. Now what is it doing? It is putting 19,000 federal workers out of work. Those are federal jobs that will be gone.
The government is attacking the workers' support network, EI. We heard the talk about the fact that there are fewer people on employment insurance but what she is not telling us it that it is because people cannot access employment insurance.
Instead of putting in training dollars and ensuring there are proper support networks so people can actually get through the phone lines at employment insurance, the government is closing down offices that help support workers. It is laying off people. Then it is attacking seniors and their pensions. Why is it that the government keeps wanting to race to the bottom?
I do want to talk about the CP workers from Chapleau in my riding, people like Brian Ferguson, Michael MacDonald, Jason McKee and Robin Robitaille. They have sent me letters. I have a whole pile of letters here that I hope I will be allowed to table, such as the letter from Diane Tangie Labranche.
What they are talking about is the fact that the attack is basically on their pension and the government is allowing the employer to attack their pension and to reduce the type of pension they will have when they retire. Some of these people have 30 years of service.
Diane Tangie Labranche writes:
As our Member of Parliament we need your support to retain the pension plan that has been funded by our members for over 108 years since its existence at Canadian Pacific Railway.
It is 108 years that they have paid into this pension, a pension where the employer mismanaged the investments and now there is $1.6 billion deficit. In order for these workers to retire with enough pension to live on they will need to pay for the next five years $107,000, or $21,000 annually during this five-year period. It depends on how long they have been there. The more conservative alternative investment strategy considered by the company would have cost only $2,300 annually over a 15-year period, a far more desirable outcome for all parties and one that would negate the current pension concession demands.
Meanwhile, the outgoing CEO would now have a severance package of $18 million. Can we imagine that?
Meanwhile, instead of protecting the workers' pensions and instead of protecting the workers' wages, they are attacking the workers.
Here is something else that they tell us:
Many of the employees who would be affected by the pension demands made by our employer stand to have the pensions they have worked many years to achieve dramatically reduced, some of these potentially affected employees have worked for CP for 30 plus years. As a running trade employee I work long hours which frequently occupies 60 or more hours a week away from home working in this heavily regulated environment.
I do not know about other members, but I have seen these railroad workers, and I can tell members that not only do they work long hours but they also do very hard work.
They go on to say:
The nature of my employment requires me to base my work attendance on 2 hours notice to work, this places considerable demands on lifestyle and families. The existing negotiated pension benefits is one of the primary reasons that I have remained a committed CP railway employee.
What members should also know is that during their bargaining, these employees actually ensured that they were going to have good pensions. They decided that they would pay more for their pensions.
Brian Ferguson writes:
The company wants us to degrade our pensions to levels in place at CN. The 2 pension structures are totally different from each other.
They paid higher premiums and they gave a concession that they would work longer in order to ensure that they would keep a good collective agreement, which is about to disappear.
As I am terminating here, I would like consent to table all of these letters that I have received, because they show that these are real people, these unionized workers, and the letters show the government the concerns that they have and everything that they have done and worked so hard to get.
The people from Chapleau, the people from White River, the people from all over Canada who are working for CP are there because they want to make a living for their families, not because they are just unionized workers.
I would hope that we all vote down this legislation.