:
Mr. Speaker, I would like to take a moment to recognize that today is the National Day of Mourning. Thirty years ago, the Parliament of Canada passed the Workers Mourning Day Act, making April 28 an official day of mourning in Canada. Since that day, every year we pause to pay our respects to and remember all workers who have lost their lives, been injured or suffered an illness on the job because of a work-related tragedy. We honour them and acknowledge the grief felt by the family and friends who miss them.
During the COVID-19 pandemic, Canadians and workplaces have developed a greater awareness of the importance of workplace safety, so today we also reflect on and mourn the tragic loss of workers because of COVID-19. That is why today we renew our commitment to improving health and safety measures in workplaces to prevent injuries, illness and death. The health and safety of all workers across this country is not only our responsibility, but our priority, which brings me to the subject of today's legislation.
The Government of Canada is strongly committed to free and collective bargaining and the constructive settlement of labour disputes as the basis for sound industrial relations. We firmly believe that negotiated agreements are the best solution. That is why during the collective bargaining negotiations between the Syndicat des débardeurs, also known as CUPE Local 375, and the Maritime Employers Association, we have been providing extensive and ongoing support, encouraging the parties to reach an agreement that works for everyone. This commitment of nearly two and a half years to the negotiation process is evidence of our belief that the best deals are made at the negotiating table. Over the last two and a half years, the federal government has provided mediators who have supported over 100 bargaining sessions.
A lot has been said over the last couple of days about taking sides. I can assure colleagues that our government is not taking sides. I grew up in a community forged by the steel industry and the labour movement. I know and treasure the values of decency, fairness, inclusion and progress that the labour movement represents. I feel great empathy for all workers affected by the inability of the two parties to come to an agreement after two and a half years and over 100 sessions with federal mediators. That is why I so very strongly encourage the parties to come to a negotiated agreement as soon as possible.
I will begin by outlining some of the key milestones over the last two and a half years.
Collective bargaining between CUPE 375 and the MEA began in September 2018, with the existing collective bargaining agreement expiring on December 31, 2018. To reiterate some of my earlier remarks made in the House, the agreement covers approximately 1,100 workers employed by member companies of the MEA engaged in loading and unloading of vessels and other related work at the Port of Montreal.
On October 11, 2018, the Government of Canada appointed a conciliation officer from the federal mediation and conciliation service to assist the parties. Once the conciliation period expired on December 11, 2018, we appointed two mediators to continue the work with the parties, with a view to assisting them to resolve their differences and reach an agreement.
On October 23, 2018, the MEA filed an application with the Canadian Industrial Relations Board, the CIRB, to determine which activities would need to be maintained in the event of a work stoppage at the port in order to prevent an immediate and serious danger to the safety or health of the public. In June 2020, the CIRB ultimately found that the parties did not need to maintain any activities in the event of a work stoppage beyond their statutory obligation under the Canada Labour Code to continue servicing grain vessels. However, the CIRB did acknowledge the union's commitment to continue servicing two vessels that supply Newfoundland and Labrador.
Less than a month after the CIRB decision was released, with the support of 99% of the membership, the union commenced a partial strike on July 2, 2020. Four work stoppages followed throughout the summer, each one with an increasing duration and impact. This ended in an unlimited strike that started on August 10, 2020.
There was also an increase in tension around the port. On August 13, 2020, eight people were arrested and charged with intimidation, mischief and assault, following a confrontation between union members and managers who were brought in as replacement workers. Eleven days later, on August 21, 2020, the parties agreed to a seven-month truce period during which they would keep bargaining and resume all port activity. That truce ended on March 21, 2021. Throughout this truce and since it ended, the parties have continued to receive intense mediation support from the federal mediators.
On February 4, 2021, I appointed two additional senior level federal mediators to assist with the negotiations. I also wrote to both parties, urging them to work with the mediators to reach an agreement as soon as possible. However, despite these ongoing mediation efforts, at the start of February, the MEA filed a bad faith bargaining complaint with the CIRB asking it to order the parties to binding arbitration. The CIRB issued a ruling on March 17, finding that any determination of bad faith bargaining would be premature and that parties are still working to negotiate a new collective agreement. Mediation therefore continued and the parties met a number of times.
On April 10, 2021, the employer gave 72 hours' notice of its intention to modify the conditions of employment for the members of CUPE 375. According to the notice, employees would no longer be guaranteed a minimum weekly income and would instead be remunerated only for hours worked. Later, on April 10, 2021, the union gave 72 hours' notice of its intention to no longer perform overtime work and work on weekends or participate in training. The union committed to maintaining services for vessels coming to and from Newfoundland and Labrador, and services for grain vessels that must be maintained in accordance with the Canada Labour Code.
On April 13, the parties implemented the actions described in their respective notices, and recently the situation has escalated.
On April 22, 2021, the employer advised the union that it would be invoking the provisions of the collective agreement that impose a specific shift schedule requiring workers to work an entire shift. The following day the union gave notice of its intention to stop all work at the port beginning at 7 a.m. on April 26, and on Monday morning that is exactly what happened: A complete general strike, unlimited in duration, began at the Port of Montreal.
The parties have reached an impasse, and it is clear that despite ongoing and extensive assistance from federal mediators that has lasted two and a half years, they remain unable to find common ground. We urgently need to find a path forward.
The Port of Montreal is the second-largest container port in Canada. Every year it handles over 1.6 million 20-foot equivalent units and 35 million tonnes of cargo, representing approximately $40 billion in goods. The work stoppage at the port is causing significant harm to Canada's economy, further disrupting supply chains that have already struggled through the COVID-19 crisis. Every day that it continues, the more likely it is that some of the business will simply not return, resulting in long-lasting damage. These disruptions to supply chains are not only affecting businesses; they are affecting the livelihoods of workers who are employed by those businesses. The jobs of hundreds of thousands of workers depend on the goods coming through the Port of Montreal every day.
With Canada's large volume of overseas trade, the smooth operation of our major ports is critical to our economy. The Port of Montreal is one of our main access points to international markets, and a prolonged shutdown of this gateway for containerized goods and bulk exports is detrimental to Canada's reputation as a reliable trading partner. If trade declines, then jobs disappear, and this affects hundreds of thousands of workers across Canada.
These are the factors that are leading the government to take action with legislation that will require the parties to resume operations at the port while providing a neutral mediation arbitration process to resolve the differences between the parties. I want to emphasize that nothing in the legislation prevents the parties from coming to an agreement before the legislation receives royal assent or at any time in the mediation arbitration process.
Our government does not take back-to-work legislation lightly. We believe it should only be used as a last resort. Unfortunately, given the overall context, we believe it is the only remaining course of action.
This work stoppage is impacting more than 19,000 direct and indirect jobs associated with transit through the Port of Montreal, including in the rail and trucking industries. Facing high initial costs, shippers forced to reroute to other ports may not return immediately, or even in the long term, meaning that the negative impacts could last long after the work stoppage has ended.
The partial work stoppage had reduced port capacity by approximately 30%, representing a loss of cargo volumes worth an estimated $90 million per week. With no slack in the Canadian supply chain for adjustment, the economic disruption is extensive and can only be expected to worsen. This means the temporary and possibly permanent loss of jobs for thousands of workers whose families depend on them and their salaries. The longer the work stoppage continues, the longer it will take to recover.
As previously mentioned, the Port of Montreal is a major link in the Canadian and U.S. supply chain of raw materials and consumer goods. The August 2020 strike had a disruptive and protracted effect on the east coast transportation system. Further, we heard that some shippers, such as Ikea, had already diverted traffic to U.S. ports on the east coast earlier this spring.
The port authority further noted that other clients had done the same ahead of the March 21 end of the truce between the parties. Ultimately, there is a risk that these diversions could be permanent, if shippers find more stable and economical routes.
Permanent diversions to the U.S. ports could have long-lasting negative effects on the integrated transportation system around the Port of Montreal. This would translate to lower demand for rail and trucking services in Canada that support the movement of cargo between Canada and the U.S.
This would have a serious impact on employment in these industries. Thousands of workers across the supply chain could lose their jobs. We know that these challenges increase as the stoppage continues. Sectors of the economy dependent on cargo moving through the port may find it increasingly difficult to access key production inputs such as machinery, equipment and construction materials, which would force industries such as manufacturing, construction and sales to reduce and/or shut down operations. Shutting down manufacturing operations means workers' jobs and livelihoods are lost, perhaps permanently.
We also know that the disruption comes at a critical time in the agricultural sector. With the spring dictating much of the year's harvest, from imports of key inputs such as seeds, greenhouse components and fertilizer for the season, to the need for cash flow from exports that are now stalled, this is a serious concern for farmers and associated industries. Again, this would mean the loss of thousands of seasonal workers' jobs, and of course the consequences of this would be a threat to the health and well-being of Canadians.
We are hearing that small and medium enterprises are feeling the impacts of this work stoppage, and their concerns are particularly heightened given the already precarious economic recovery from COVID-19. Losses stem from not meeting delivery deadlines, lost potential sales and wasted product in the case of perishable goods that are not properly stored or handled as their movement is inevitably slowed, if not prevented altogether.
Canadian exporters are also facing increasing losses and delays in getting their exports to market and from the use of less-efficient transit options. As the work stoppage continues, the impacts on the manufacturing and natural resource sectors, such as forestry, are also likely to be significant. The ripple effect will not end there. As I mentioned earlier, challenges accessing key production inputs have the potential to cause temporary layoffs and job losses in industries such as construction and sales.
The economic numbers I am citing are not abstract: They represent the jobs of thousands upon thousands of Canadian workers who depend on the port. Workers may never get their jobs back. Stakeholders have also expressed concerns about the impacts. Medical suppliers have described this in letters as a life-and-death situation if products do not get to hospitals and patients.
Canadians need farmers to put food on tables to feed their families. In Ontario and Quebec, ministers of labour and economic development have written to me saying that this will cost hundreds of thousands of jobs, and they have urged us to take action. We cannot afford not to act.
Ensuring the uninterrupted flow of commodities and goods to and from international and domestic markets through the Port of Montreal is essential to the economic well-being of Canadians across the country, particularly now as we enter into a period of economic recovery from a serious health and economic crisis.
The government has provided significant assistance to the parties. Despite our efforts, with over two and a half years of support from federal mediators and over 100 mediated sessions between the parties, there is no agreement in sight as the parties remain unable to find common ground. While the government firmly believes that the best deals are reached at the bargaining table, back-to-work legislation is sometimes necessary when the parties are at a significant and long-standing impasse and a work stoppage is causing significant economic harm.
We must act before irreparable damage is done to our economy and thousands upon thousands of jobs are lost, which will mean that thousands and thousands of families are affected. The government understands the serious negative effects of this work stoppage at the Port of Montreal, and the need for a resolution as quickly as possible. This is why we are taking action with legislation to ensure safe resumption of operations at the port and to provide the parties with a neutral mediation-arbitration process to resolve their disputes.
This legislation would order an immediate end to the work stoppage, and the resumption and continuation of all operations at the Port of Montreal following royal assent. The most recent collective agreement would be extended until a new collective agreement could be established. A mediation-arbitration process would begin in which the parties would jointly choose a mediator-arbitrator. If no agreement could be reached, I would appoint one.
The mediation would last for 14 days with the right of the parties, by agreement, to extend this another seven days for a total of 21 days in which all outstanding issues could be decided through the mediation process. If that fails, then it is on to arbitration. The new collective agreement that would result from this process would contain unmodified provisions from the expired agreement, all arbitration decisions and all agreements reached between the parties at any point in the current round of collective bargaining.
I want to be very clear. There is nothing in this legislation that prevents the parties from reaching an agreement on any issue or agreeing to a new collective agreement before the mediator-arbitrator's final decision is rendered. I strongly encourage the parties to reach an agreement before we pass this legislation, but we cannot afford to wait. We must act now.
Our government does not take this decision lightly, and I have repeated this many times. We take this decision with a heavy heart. This work stoppage is causing serious harm. It jeopardizes the jobs of over 19,000 Canadians directly and hundreds of thousands of Canadians indirectly. This is at a time when industries are still struggling to recover from the major economic disruptions over the past year.
We believe in the collective bargaining process. In this case, the government has provided assistance in the process for over two and a half years, and I want to take this opportunity to thank the mediators we have at that table who have worked tirelessly and were available 24-7 to work with the parties to come to an agreement. However, with no agreement in sight after over 100 federally mediated bargaining sessions, we must act.
I urge everyone here to support this legislation so that it passes as quickly as possible to ensure full resumption of activities at the Port of Montreal and prevent further economic harm. Canadians and Canadian workers are counting on us.
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Madam Speaker, I will be splitting my time with the member for .
I would like to acknowledge today as the National Day of Mourning, a day we honour the memory of workers who have been killed, injured or suffered illness as a result of workplace incidents.
As I rise today to speak to Bill , I am once again hit with an unwelcome feeling of déjà vu. There have been empty words and empty promises, and now empty railcars and empty trucks are leaving the Port of Montreal. I feel an unsettling realization that we have been here many times before with the current government. The government delays, gets pressed up against the timeline and then things are a rush and a crisis. Once again, our supply chains are at a standstill, and importers, exporters and workers are once again faced with uncertainty.
When activist-led rail blockades brought transportation networks to a standstill early in 2020, the government sat idly by. We heard it took an average of four days to just catch up for every day our transportation networks were down, and the cost to our economy was in the hundreds of millions of dollars. We heard concerns from businesses and workers about getting essential goods across the country, concerns that are especially relevant now, during the pandemic. Farmers cannot wait for seed or for fertilizer.
If the government chose not to take the situation at the Port of Montreal seriously when it first started over two years ago, it should have adjusted course last year when a strike lasting 19 days took place. This strike resulted in $600 million in losses for our exporters and wholesalers, and left workers with a lot of uncertainty. This should have been a wake-up call to the government to take meaningful actions to provide professional assistance to help the parties come to an acceptable agreement.
In March 2021, a German international shipping and container transportation company said in an email to customers that it expects “terminal performance in the port will be severely impacted”. This was based on just the potential risk of a shutdown.
In an article in March 2021, in Automotive News Canada, Brian Kingston, head of the Canadian Vehicle Manufacturers’ Association, is quoted as saying, “The situation in Montreal is deeply concerning.” He further went on to say, “We just came out of a massive economic downturn and having a critical piece of our transportation network shut down will not help the Canadian economy recover”.
On April 5, Pulse Canada sent a letter to the urging immediate action. In the letter, they note that they had been advocating since February for the government to take “every approach necessary to mediate a negotiated agreement” and that “it was imperative to avoid a labour disruption that would damage [our industry], our international reputation, and the wider Canadian economy.” The letter further outlined how, even then, the industry was experiencing significant damages with customers asking them to avoid the port at all costs. The letter notes that these costs can be as high as $1,600 per container to utilize another port, not to mention costs associated with the logistics of such an endeavour. Avoiding the port means not only disruptions, but less work and potentially permanent job losses.
[Translation]
The Port of Montreal is essential for Montreal, Quebec and Canada.
[English]
This port is the second-largest in the country and is responsible for approximately 19,000 direct and indirect jobs. The roughly 40 million tonnes of cargo that passes through every year, which represents billions in economic activity, travels across the entire country, including to my home province of British Columbia and into my community of Kelowna—Lake Country.
What is troubling is that the concerns I mentioned above are not the first time Canada’s trade reliability has been called into recent question. I have heard this from numerous stakeholders, with the uncertainty of jobs and investment on the line, but after the government's track record, it is clear to see why.
Trade, like so many other important things, seems to be continually an afterthought for the current government. It is truly unfortunate, and it does businesses and workers across the country a serious disservice. With one in five jobs in Canada dependent on trade and nearly a third of our GDP relying on our exports, the government needs to do more. However, as we saw in the recent budget, there was little importance placed on trade, instead of working to secure our future.
We see time and again how little importance the Liberal government places on ensuring exports can get to market. We saw this with the rushing of the CUSMA legislation, and the recent example of the Canada-U.K. trade continuity agreement. The U.K. is our fifth-largest trading partner and third-largest export market. Implementing that agreement was critical to businesses and workers across Canada who rely on trade with the United Kingdom.
The government had years to get a new trade agreement signed with the U.K. after the U.K. had voted to leave the European Union, which meant that the terms of the existing CETA agreement would no longer apply. What did the Liberals do? They did not lead. They mismanaged the file, and even left it to the eleventh hour to introduce legislation.
This failure was embarrassing and caused needless and avoidable uncertainty. The Liberals left it to the last week of the last month of the last year to table the legislation. This led to missing the deadline and having to sign a memorandum of understanding. The memorandum was about to expire with no plans by the government to put it on its legislative agenda. Therefore, Conservatives showed leadership and sought unanimous consent, which we received, in order to move the legislation along so that our Canadian businesses and workers were not again left with uncertainty.
Government actions, or inactions, have once again led to uncertainty. The , who is responsible for employees at the Port of Montreal, made unfortunate comments suggesting the government may bring forth back-to-work legislation should a resolution not be reached, and here we are now. We have heard that these comments took the wind right out of the sails of the negotiating position of the workers in the Port of Montreal.
Instead of making legislative threats, the government should have been actively involved in the negotiations and doing everything possible to secure an agreement and create certainty and stability. We heard from the minister that government representatives attended many meetings. It does not matter how many meetings are attended; what matters is results.
The union representing the workers called the minister’s comments “an affront to all workers in the country.” Marc Ranger, the Quebec director of the Canadian Union of Public Employees, stated, “Fundamental rights are being denied. This is shameful for a government that calls itself a defender of the middle class.”
As much as it pains me to say it, there is a clear pattern here. What is definitely noticeable is that the certainty of business is so important. It is very important for the free flow of goods to be maintained.
We find ourselves in another avoidable situation caused solely by the government's complete and continuous mismanagement of its files. Right now, at a time of so much uncertainty, we know that businesses and workers need predictability. We need to give certainty and predictability at a time when, over a year into this pandemic, there is still so much uncertainty.
While the pandemic is still occurring, businesses are still in jeopardy and are still really hurting across the country. This ultimately leads to layoffs. Farmers cannot wait. Other businesses cannot wait. Workers cannot wait. With one of the worst records on unemployment in the G7, we need to do all we can to keep our current levels of trade, our businesses viable, and workers employed. It is of utmost importance that the free flow of goods is maintained.
Whole provinces are locked down due to this third wave of COVID-19, due to poor decisions and mismanagement of the pandemic over the past year, including on vaccine procurement. Businesses and families are struggling. Costs are going up. Importers and exporters are having to make tough decisions due to uncertainty. Food security is at risk without a dependable and reliable transportation and supply chain system. We have heard that medical supplies are at risk being distributed.
Unlike other countries that are well into recovery, Canada is still full-on dealing with an economic and health crisis. Parliamentarians now have this difficult situation today, having to look at back-to-work legislation because of the government’s failure to facilitate an agreement between the parties.
:
Madam Speaker, the member for is also our shadow minister for export promotion and international trade; I will probably step on her toes a bit, talking about supply chain. She was also the 2006 RBC Woman Entrepreneur of the Year and, like me, she is an alumni of the University of Calgary, so to her I say:
[Member spoke in Gaelic]
[English]
“I will lift up my eyes” is a translation from Gaelic.
I will also be stepping on the toes of our shadow minister for infrastructure, the member for .
Unfortunately, this is a situation today where the government could not fail. The stakes were just too high for the government to fail. We have talked about it a lot today, but I will repeat some of the core facts again.
The Port of Montreal is the second most important port in Canada. The previous 19-day work stoppage last summer cost wholesalers over $600 million in sales over a two-month period. It took three full months to clear the backlog created by the stoppage. I am also sure we have heard previously today that every day the port is shut down, the economy loses $10 million to $20 million. The words of my leader earlier this week are true: Because of the 's failure to get a deal done, jobs and contracts are at risk and millions of dollars will be lost.
I am going to approach this from the transport perspective today, as I am the shadow minister for transport. I am going to look at three things in particular: imports, which affect the cost of living; exports, which affect our economy; and then processes and infrastructure, which of course also affect our economy.
When we are talking about imports and the cost of living, and Canadians are seeing the cost of living increase, RBC expects that groceries alone will go up 2% to 2.5% in 2021. We can look at a couple of things. The first thing is the change in demand that we have seen over the last year. Canadians have been at home throughout the pandemic. They are unable to travel. They are unable to go to the theatre or to their favourite restaurants, as a result of several lockdowns, and so we are seeing a much greater demand for consumer goods. Of course, this is putting additional pressure on our supply chain.
The second thing, and this has been brought up previously, is the container shortage which is having significant impact on supply of goods. For example, India, the world's second-largest sugar producer, exported only 70,000 tonnes in January, less than a fifth of the volume shipped a year earlier. In addition, Vietnam, the largest producer of the Robusta coffee beans used to make instant drinks and espresso, is also struggling to export. Shipments dropped more than 20% in November and December, so we are seeing very big changes in supply there.
As well, we are hearing that:
The strike at the port isn’t necessarily going to shut down (auto) production, it’s just going to make the supply chain even more inefficient and increase costs.... Canada, as a manufacturing jurisdiction, we have to constantly compete with the United States and Mexico. And a critical component of being a competitive manufacturing jurisdiction is having a reliable trade infrastructure.
That was in the Financial Post.
We have seen action from the U.S. government in regard to the container shortage, but not here. Perhaps that is the reason why the Freight Management Association of Canada sent a letter to the , using the example that, “pulse growers and lumber exporters are 'losing international sales' while shipping companies are sending empty containers back to Asia”.
One last example I will give of the strain on supply is right here in my hometown of Calgary. Bowcycle cannot import enough bicycles. Have members tried to buy a bicycle last spring or this spring? I have, for my son. They are almost impossible to come by, but these are the problems we are seeing as a result of the government's inability to handle supply chains and to handle our port capacity. That is why it was so critical that this deal get done.
Port backups are described as the worst ever, and delivery times are the longest in 20 years of data collection. In addition, a federal maritime commissioner described the west coast backups as the worst that we have ever seen.
Finally, I have the following quote:
In December, spot freight rates were 264% higher for the Asia to North Europe route, compared with a year ago, according to [a] risk intelligence solutions manager at [a] supply chain risk firm.... For the route from Asia to the West Coast of the U.S., rates are up 145% year over [last] year.
Again, we are seeing a decrease in supply, resulting in the cost of living being driven up as a result of the government's inability to handle its supply chains. Let us talk about the impacts, which I know that my colleague who spoke previously heard about, in terms of stakeholder quotes, as well as in conversations with stakeholders.
Karen Proud, CEO of Fertilizer Canada stated:
Hundreds of thousands of tonnes of fertilizer enter Canada through the Port of Montreal during the spring seeding season. These fertilizer products are destined for farms across [Ontario and Quebec and the Atlantic provinces] … and ensure that farmers are able to produce the crops that keep our grocery aisles full.
These products are now in jeopardy as the result of the strike at the Port of Montreal, so we are seeing the impact of the government's inability to manage the port's supply chains and, unfortunately, this dispute is having on our exporters.
Brad Chandler, CEO of Hensall Co-op stated that, “Hensall Co-op is Canada's largest exporter of edible dry beans and non-gmo soybeans.... We have established relationships with customers in over 40 countries.” These relationships are currently at extreme risk. That is what businesses need right now. They need certainty. They need stability through supply chains. The government is not providing the means for these exporters to have it and it is putting the economy at risk.
Greg Cherewyk, President of Pulse Canada said that, “it was imperative to avoid a labour disruption that would damage the Canadian pulse and special crops industry, our international reputation, and the wider economy.” That is another example of the failure of the government to manage supply chains and this dispute.
Finally, from Ron Lemaire, President of the Canadian Produce Marketing Association, “There is also significant concern that a labour stoppage at the Port of Montreal would aggravate backlogs in other shipping modes, including rail as shipments are forced to be diverted, particularly as Canada continues to grapple with the economic impacts of the COVID-19 pandemic. It is of utmost importance that the Government of Canada use every tool at its disposal to avoid job losses, increased food insecurity and higher food prices, all which could result from a strike.”
Let us talk then for a couple of minutes about processes and infrastructure of our supply chains which touch closer to the transport file.
KPMG recently made some recommendations in regards to how businesses can adapt to these supply chain challenges. What are businesses doing? They are examining micro supply chains. They are starting to reduce risks, rather than costs, which is a scary thought to consider that businesses are doing this. The KPMG CEO outlook survey indicated that around two-thirds of CEOs believe that their supply chains are in need of a complete redesign. The government should take note from these CEOs.
Many stakeholders believe that the government does not have a handle on its supply chains. Were I the minister of transport, my first task would be to map out all modes of these supply chains, so that we would understand completely where the faults lie. In addition, stakeholders believe that the government does not use data and metrics to the greatest benefit possible, in an effort to amplify and maximize our supply chains.
Finally I will go to infrastructure. In conversations with the Port of Vancouver, unfortunately, I must say that the expansion of the Port of Vancouver, which is so desperately needed, is currently under review with the current . Increasing capacity is crucial. Many members of the Port of Vancouver board believe that they will run out of capacity by the mid-2020s. Our infrastructure capacity gap is growing and other countries believe that our ports do not have the capacity for the current demand of goods.
In closing, I will say that the government and the 's actions have been too little, too late. I have seen it with the aviation sector. I have seen it with the supply chain capacity and, unfortunately, we have seen it here with the Port of Montreal dispute resolution.
:
Madam Speaker, I am grateful for the opportunity to again express my great disappointment and bitterness that we should have to debate a bill this evening that is completely inappropriate and represents an extreme solution to a problem that could have been solved long before tonight.
Earlier I asked about the implications of the bill, which deals with fundamental rights, namely the right of association and its corollaries, the right to collective bargaining and the right to strike.
Once again, the government has failed to show leadership or interest and it did not present any solutions to the dispute, which could still have been resolved a few days ago, before the unlimited general strike was called. The government has failed to act. It decided to stand back and instead choose a legislative path that demeans workers and deprives them of their fundamental rights.
Members will understand that it is out of the question for our political party, the Bloc Québécois, to accept this so-called last resort based on the pretext that everything else has been tried, when we are firmly convinced that everything has not been tried.
Yesterday, we were at the eleventh hour. The course of events could still have been altered. The government says it is impartial and wants free bargaining, so it has to walk the talk and make sure workers regain the right to negotiate under conditions that are conducive to success.
Everyone is feeling the effects. When the parties have known for a month that cabinet has special legislation in the works as a solution to the inevitable, that sends a strong signal to the bargaining table and lets the employer know that it need not bother finding a solution to the dispute.
Special legislation was announced before workers even started their first strike day, and along with that announcement was one about mediation sessions. Yesterday evening, however, after the union did its duty and spent the whole day negotiating in defence of its position, the employer walked away from the bargaining table. That suggests a power imbalance between the parties, and we find that unacceptable.
I also want to point out that these 1,100 Port of Montreal workers are men and women who work many hours every day to ensure the well-being of the entire population, of all Quebeckers and Canadians. We need these workers. Any conversation about Quebec's or Canada's economy is also a conversation about these workers.
The Port of Montreal is a vital institution. It is also unique because, as we all know, it is Quebec's only container port. That makes the work these people do pretty important.
I want to say that they are watching tonight and wondering how we are going to take care of them. I would also like to take a few minutes to talk about these workers.
Do members know what a dock worker's job entails? Do they want to know what dock workers do?
I found something very interesting. It gives a good idea, a good picture. I will take the time to talk about it because, when we vote tonight, we should be thinking about dock workers.
In Port Window magazine, I found the following description: “Dockworker: a well-paying job that takes concentration and dexterity.” I want to talk about Manon Comtois, because there are also women in this trade. Here is what a day in her life looks like.
Wedged in the driver's seat in the glassed-in cab, between heaven and earth, her hands gripping levers, Manon Comtois keeps her eyes fixed on the container hanging from the long cable of her crane. She needs all her concentration as she lowers the heavy 40-foot long metal box into position, 20 metres [or 65 feet] below, onto the trailer of a truck that looks like a toy. All four corners of the container must absolutely and perfectly match the four corners of the trailer. Slowly … Click!
Even though she followed in her father's footsteps and became a longshoreman, she says that she is not doing the same job that he did in his day. She already has 21 years' experience. She added:
...before automated equipment came along, dock work was much more physically difficult. To unload a ship, the longshoremen had only the strength of their two arms. Cargo arrived in bulk, in bags or in wooden boxes. It took weeks to empty a vessel. Now unloading time is calculated in hours!
...The tasks are many and varied.... The biggest challenge in the dock work profession...is the scheduling. A dockworker must be available 19 days out of 21 and may have to work an eight-hour shift at any time of the day or night. Loading and unloading vessels can be done 24/7 depending on when the vessels calls at the port. Freight transport doesn't wait! The difficulties directly related to performing the tasks are the whims of Mother Nature...
This shows that the dispute at the Port of Montreal is not about wages or benefits, but about hours of work, work-life balance and the right to disconnect.
Angelo Soares, a well-known professor in Quebec, conducted a study on these workers and looked at their work and their working conditions. It is unfathomable that, in the age of automation, workers are required to call in to get their shift schedule and are required to work 19 out of 21 days, and those two days off are not guaranteed to be a weekend. How are they supposed to plan for anything with that kind of schedule?
I am sharing this because I want to reiterate that our focus needs to be on these workers. This is their fight. They sounded alarm after alarm about the need to resolve the problem, and then there was that disgraceful move during negotiations. After they signed a truce and negotiations resumed, there was one last offer from management, which 99% of the workers rejected. More than 90% of the 1,100 members voted. The workers made it clear that the solutions put forward were not acceptable. Did the union threaten to call a general strike then? No, it did not.
In the chronology of events, we forget that the employer was so scared that it tried to seek an injunction just in case. The longshoremen did not trigger the strike.
The union called a full general strike recently because its priorities were work-life balance and the employer had to nerve to impose a measure to change work schedules during negotiations and while the collective agreement still applied.
Yes, the longshoremen were outraged. They announced that they would go on a full general strike, but that they were prepared not to if the employer dropped this measure. That is not nothing.
Since yesterday and the day before, the Bloc Québécois have been saying that there is a solution for resuming free, unconstrained bargaining without fear of back-to-work legislation. Departmental representatives confirmed that, according to their interpretation, the legislation that was introduced would prevent management from imposing such measures. If that was the government's intention, it could have easily taken action. It claimed that its hands were tied.
It could have easily forced the employer to lift this measure. The longshoremen would have been back to work today if the government had the will to find a solution. Instead it raised the threat of special legislation that would force them back to work and impose conditions as well as mediation and arbitration. That does not necessarily promote free bargaining. A solution was available to the government.
Workers in Canada fought for a very long time to get freedom of association, the right to negotiate freely and the right to resort to job action. In turn, the employer has the right to declare a lockout. The Canada Labour Code is outdated and does not adequately protect workers. The Canada Labour Code gives the employer the right to lock out.
Quebec dealt with that issue in 1977, and that right no longer exists. The right to disconnect has to be included in the Canada Labour Code. We must also improve conditions for precarious workers and on-call workers who have to work long hours unsupervised. Employees who do not comply with these requirements are subject to disciplinary measures. It is time to change that. We have to recognize that the rights that are being violated today are basic rights that must not be taken lightly.
There have been crises. Recently, there was the rail crisis, which had repercussions for CN. Pressure had to be applied to the government to intervene and find solutions because the situation was unacceptable. The goal always has to be finding a way out of the crisis, but this evening, the government wants us to pass a bill that will not only fail to resolve the situation, but also violate some very important rights.
As others have said, if the government champions free, informed, impartial negotiation, it has to demonstrate impartiality.
What does it mean to be impartial? Passing special back-to-work legislation in a situation where bargaining would ensure these rights and would allow workers to negotiate freely is tantamount to picking one side over the other.
If that is what happens tonight, I would describe it as a cowardly act, and I apologize for the strong language. It would mean abdicating our fundamental role as parliamentarians, which is to be the guardians of the rights of the entire population, including workers.
I appeal to my colleagues and remind them that this can be avoided by voting against the special legislation. We must not wash our hands of the problem. Instead, we must focus on possible solutions. If the government, the or even the had intervened without taking sides at the first sign of trouble, there would have been possible solutions.
When both parties sit down, say what is wrong and a message is sent, and the experienced negotiators say nothing can be done, that is the time to act. The government has had plenty of opportunities to take action since the end of last year's truce. We deplore this lax attitude and lack of leadership.
This bill makes no sense and denies dock workers their rights. Tonight's bill will not send Port of Montreal dock workers back to work in a spirit of co-operation to do a good job; rather, it will just be strong-arming them. I do not think we have the right to force these employees back to work when there is no reason for it and there are other solutions available.
If we want to make sure that the Port of Montreal gets back up and running like everyone wants, let us reject this bill. Let us vote for a solution that involves free bargaining. Let us give the parties the tools to go back to work with a good balance of power, rather than giving all the power to one party.
:
Madam Speaker, I will be sharing my time with my hon. colleague from .
I would like to come back to an earlier exchange. The was accused of misleading the House on the dockworkers' ability to deliver medical assistance, vaccines, drugs and personal protective equipment if needed. Obviously the dockworkers are able to do that.
Of course there may be several things in any one container, but generally the containers are identified and we know what they contain, in large or small quantities. If we absolutely need something in a container it can be delivered. It is not witchcraft. This is 2021, we are able to send a small helicopter to Mars. I am sure we can find the right container at the Port of Montreal.
I would also say to our Liberal colleagues that the possibility of bargaining on issues related to essential services is not new. Essential services have always been negotiated during labour disputes, at the Port of Montreal or any port, whether in Halifax, Vancouver or the United States. We are not reinventing the wheel here. This is negotiated between the parties. Maybe I should provide a bit of background for the situation we find ourselves in. This round of bargaining over essential services at the Port of Montreal is a bit odd.
I will note that today is April 28, International Day of Mourning for Persons Killed or Injured in the Workplace. There are still hundreds of people every year who are victims of workplace injuries and illnesses. I must admit that it is rather sad that we have to have a debate on this day on a bill forcing people back to work that breaks the back of union members who were exercising a fundamental, constitutional right. I was going to say that it is ironic, but it is worse than that. It is absolutely disgraceful.
The minister and the Liberal government claim that they are not taking sides in this labour dispute, that they like everyone, and that they want the issue to be resolved. They claim that they introduced this back-to-work legislation to respond to other concerns about the supply chain, the economy, and so on. They say that is the reason they introduced this bill and that they are not upsetting the balance of power between the parties.
Normally, when someone tells a story, they start at the beginning, and then there is a development and an ending. This time, I will start at the end, because something happened today that, to me, is extremely telling. The Liberals threw their whole weight behind the Port of Montreal and the interests of the management side. They trampled the fundamental rights of working men and women who were acting in a way that was very respectful of the law.
Today, these workers must be so angry because they have been had by the Liberals. When they were in the opposition, the Liberals would tear their hair out the moment the Conservatives introduced back-to-work legislation. However, today, they are doing the exact same thing.
It is important to point out that pay is not really the issue, nor is the Port of Montreal losing millions of dollars. Its executives are not acting out of desperation because the port is on the verge of bankruptcy. The Port of Montreal is doing well.
As members know, the economy is struggling right now, particularly SMEs and the cultural and tourism industries. However, containers continue to arrive at the Port of Montreal, and business is good.
Workers had one main demand, and it had to do with work schedules. As my colleague from said earlier, dock workers have a demanding job that requires an extremely high level of availability, which makes it very difficult to maintain any kind of work-life balance. Dock workers always need to be available and ready to work on call. They need to get to their job site as quickly as possible.
The union is asking the employer to put an end to the punitive measures in relation to the work schedules that were imposed. Obviously, that is the crux of the problem. Management put pressure on workers by being much stricter and imposing certain types of work schedules that went against the dock workers' legitimate requests.
The union asked the employer if, should the special legislation come into effect, it intended to immediately revert to the shift schedules that were in place before the Maritime Employers Association announced changes on April 22, rather than implement the new schedules until a new collective agreement takes effect.
The employer responded that it had taken note of the questions and would reply in due course depending on whether Bill C-29 passed and came into force. That is a typical example of an employer that has no interest whatsoever in negotiating or even answering questions. The employer made it clear that it would respond to the union once the bill was passed. This is not the first time we have seen this kind of thing.
This shows just how badly the government's actions have upset the balance of power between the parties. The mere threat of back-to-work legislation killed the Port of Montreal's interest in finding a solution and finding common ground with the other party. Now it is biding its time, waiting for the Liberals to do the work. Then it can force the workers to accept whatever it wants.
I also deplore the irregular work schedules that are being imposed at every turn. Workers cannot even take a day off to spend time with their families. I am not an expert on the subject, but as far as I can tell, it would be very unlikely for a 250-foot cargo ship to show up at your dock unannounced. From the moment it enters the Gulf of St. Lawrence, we have an idea of when it will arrive, so we can plan schedules accordingly. These container ships are massive. Unfortunately, it is much easier for the employer to maintain all the flexibility it needs to change the schedule as it pleases and shove it down the workers' throats.
The and the government did not even wait for the general strike to begin before threatening special legislation, which they did the day before. Last Sunday, the Liberal minister said that if there was a strike the next day, there would be special legislation. There had not yet been a single minute of unlimited general strike. There was an overtime strike and a weekend strike. The union was using progressive and partial pressure tactics legally. It wanted to send a message to the employer that if the employer wanted to keep the freighters coming, the containers being unloaded and the supply chain working, they had to sit down at the bargaining table and work out a solution to the work schedules. It does not take a rocket scientist to find solutions. I was going to make a connection with the , but I will refrain.
The constitutional rights of these workers were undermined. Not long after, the employer left the bargaining table and negotiations came to an end. The employer only needs to wait for special legislation. It does not even want to reply to the union's emails and legitimate questions.
What are the Liberals doing in light of the 2015 Supreme Court ruling on the Saskatchewan case? The court recognized that union members had the right to use job action and that our labour relations and collective bargaining system was based on both parties having appropriate opportunities, depending on the circumstances, to put pressure on one another to find a solution together.
The solutions are not always perfect, and neither is our labour relations system. We recognize that improvements to the Canada Labour Code are needed. Nevertheless, in general, the parties make concessions and find a compromise. This is how workers' movements can improve their working and living conditions, fight for social justice and create a fairer, more equitable and more balanced society. This has been true of many disputes and struggles throughout history.
If we take job action away from workers because it could have repercussions elsewhere, the right to strike becomes theoretical. Job action will obviously cause disruptions and have an impact on others. That is how the system works. If workers cannot use job action to force their employer to sit down at the table to negotiate a solution, then these workers are being denied their right to strike. This means that the Liberal government is violating a Supreme Court of Canada ruling.
:
Madam Speaker, as I listen to this debate, I continue to become more upset. Not only is the government stripping these workers of their charter right to strike, it issued notice of its intent, through this expedited legislation, to force workers at the Port of Montreal back to their jobs before they even began their strike. What is worse is that the government continues to fearmonger about COVID-19-related supplies with claims that continue to go unsubstantiated. I would like to address this with a quote from an article by FreightWaves published on August 20, 2020. It states:
The union representing longshore workers at the Port of Montreal agreed on Thursday to move some containers holding goods needed in the fight against COVID-19.
“The Maritime Employers Association and the longshoremen’s union have agreed to move containers that contain controlled substances and COVID-19-related merchandise and to unload a ship containing sugar,” the MEA announced early Thursday afternoon.
I hope this puts an end to the reprehensible nonsense. If there is any issue with important pandemic-related supplies not getting to where they need to go, that is certainly not on the union or the workers. Look to the government or the Canada Industrial Relations Board.
The legislation itself would do the following. It would force the employer and the union to extend their expired collective agreement, prevent the employer from locking out workers and prevent the union from striking.
I would like to provide some context to this bill before I give further remarks. In 2019-20, the Canada Industrial Relations Board heard the employer's application for a determination on essential services. The employer's counsel used every trick in the book to stall things at the CIRB, including a motion for the board chair to recuse herself, and forwarded judicial review applications. After the decision was issued, CUPE Local 375 went on strike for 12 days in August 2020. Workers went back to work after a truce agreement was signed, giving the parties seven months to conclude a deal. The union worked with the federal mediation service all this time. On April 16, the union reviewed its strike mandate with a 99.3% vote.
The union finally offered to end the overtime and weekend strike if the employees reverted to the working conditions applicable before April 9. On April 23, members of the union declared their mandate of an unlimited general strike as the employer did not show it wanted to negotiate in good faith. As we know, the then signalled before the general strike started that the government would be tabling legislation to force workers back to work, despite their charter right.
The should know, if she is speaking to both sides, that this strike can quickly come to an end without the need for legislation. The union has made it very clear that it would cease all forms of work disruption with one fair request to the employer to stop the pressure tactics and collective agreement violations.
I will read what a CUPE spokesperson had to say:
If the Maritime Employers Association (MEA) doesn’t want a strike, all it has to do is let up on its pressure tactics and the union will do likewise. No overtime strike. No weekend strike. It’s straightforward. We want to return to the bargaining table.... We don’t want to hurt the Montreal economy. However, we do want to exercise our fundamental right to bargain collectively.
The , in her speech on Government Business Motion No. 5, said the following:
Our government firmly believes that the best deals are reached at the bargaining table. However, intervention is sometimes necessary when the parties are at a significant and long-standing impasse, particularly when a work stoppage is causing significant harm to Canadians. We cannot allow the situation we saw in August 2020 to repeat itself, particularly in the midst of this pandemic. If the current stoppage continues, serious accumulated and negative impacts will continue to be felt all over Canada.
Again, the has not provided any concrete examples or data of the direct, significant benefit to Canadians. She continues to fearmonger without concrete facts. Instead of facts and data, all I am hearing is a bunch of quotes from lobbyists about what they speculate may happen. The only relevant fact that I have heard from the government about the actual effect of the work interruption was related to the August 2020 strike. This is relevant. What happened to those ships and the supplies they were carrying? They simply got diverted to other ports.
I have no doubt, and acknowledge, that this has made for significant changes and complications to supply chains and land transportation of goods, but this is part of what happens in a strike. Given the fact that she is the labour minister, I would expect the to be aware of this and instead monitor the situation. Her job is not to say that the sky is going to fall and then give notice that she will revoke the charter rights of workers to strike before their strike even begins.
Back-to-work legislation is known to have lasting, negative effects. When we take away the charter rights of hundreds of people by an act of Parliament and force them back to work like this, it really affects the morale of workers. I know. I have seen it. What it also tends to do is sour the relationship between the employer and the employees.
By way of example, let us look at the track record of back-to-work legislation and providing a swift resolution to drawn-out collective agreement talks. Bill , an act to provide the resumption and continuation of postal services, was passed by this same Liberal government in the House of Commons on November 24, 2018. It received royal assent two days later and came into force at noon on the following day. Here is what representatives of the Canadian Union of Postal Workers had to say about being forced back to work to help resolve the situation a whole year after being back.
Though the legislators who passed the bill may have thought it would resolve the situation, nothing is fixed, no contract is in place, and we’re still working without a new collective agreement, without the right to strike, under the dangerous and unfair conditions that we were trying to deal with in negotiations.
They go on to speak very directly about the overarching problems being suffered due to the nature of back-to-work legislation.
Workers pay the price for back-to-work legislation. CUPW members worked two and a half years without new contracts, with the same old problems we were trying to solve through bargaining back in 2018.
After finally getting a contract, though imposed by an arbitrator some 400 days after the back-to-work legislation, significant issues are still not satisfactory. I suspect these will be part of the next round of bargaining next year. This type of legislation is a way of kicking the can down the road via a still drawn-out process all while taking away the employees' right to collective bargaining.
I think it is important for Canadians listening to know that it is not just Liberal governments that impose the harmful and unfair labour practice of back-to-work legislation. In fact, one could say that the Liberal government learned this tactic from the Harper Conservatives and is carrying on the torch of stripping workers of their charter right to strike. Let us have a look at back-to-work legislation by the Conservatives.
The Conservatives legislated the following groups back to work: the Air Canada Pilots Association and the International Association of Machinists and Aerospace Workers, the Teamsters Canada Rail Conference, the Canadian Union of Postal Workers and the United Transportation Union.
Before I end, I do want to raise that the government has still not addressed my concern about a recent development. It is my understanding that there was a proposal put forward last evening to avoid the need for Bill . While I am not privy to all the details of this proposal, I do know the employer, the union and the government were all made aware of the said proposal. This proposal would have involved a return to work, as well as the resumption of the flow of goods.
I am being told it was only the employer that objected to this proposal as a way forward. I think it would be a further injustice and shameful for the government to continue its pursuit of this motion and legislation, given the employer's unwillingness to play ball.
I call on the government to allow the workers to pursue their right to strike.
:
Madam Speaker, it is a pleasure to see all my hon. colleagues this evening during the very important debate. I would like to inform the House I will be splitting my time with my hon. colleague and friend, the member of Parliament for .
The government is aware of the serious harm and potentially long-lasting effects to the Canadian economy being caused by the ongoing work stoppage at the Port of Montreal. It is also aware that the work stoppage is jeopardizing the economic recovery from the COVID-19 pandemic and its associated lockdowns. We know that Canadians need the parties to find a resolution as quickly as possible. Nothing about the collective bargaining between CUPE Local 375 and the MEA, the Maritime Employers Association, has been quick.
The parties have been negotiating the renewal of their collective agreement for approximately 30 months now. During this time, they have engaged in protracted litigation to determine which activities needed to be maintained in the event of a work stoppage, held over 100 bargaining sessions supported by federal mediators and had multiple work stoppages.
Despite this long history and the ongoing work stoppage at the Port of Montreal, the parties have been unable to resolve their differences and conclude very importantly a new collective agreement. That is why the government is left with no other choice but to introduce legislation that will end the ongoing work stoppage and prevent further disruptions, resolve all matters that are in dispute between the parties, and establish a new collective agreement.
The government does not take this decision lightly, but we must act in the best interest of Canadians and Canadian businesses. The Port of Montreal is the second-largest container port in Canada. Every year, it handles over 1.6 million 20-foot equivalent units and 35 million tonnes of cargo, representing approximately $40 billion in goods. It is part of the critical economic infrastructure upon which Canadians and Canadian businesses rely.
What does all this mean for Canadians and Canadian businesses? I will explain. Even before the strike action began, there was a decrease in container volumes at the port worth $30 million per week for the month of March 2021, as compared to the prior year. The partial work stoppage reduced port capacity by approximately 30%, representing lost cargo volumes worth an estimated $90 million per week. The situation has deteriorated into a full work stoppage, which is now impeding the flow of approximately $270 million per week in cargo through the port.
In addition, there are significant risks that this work stoppage will deepen the reputational harm caused by the strikes in the summer of 2020 and create ongoing uncertainty. Even before this latest work stoppage began on April 13, we saw several companies diverting their cargo from the Port of Montreal. According to Sophie Roux, vice-president at the Montreal Port Authority, several Quebec and Ontario companies, such as Olymel, Resolute Forest Products, Société des Alcools du Québec and Dollarama, started using new routes to import or export their goods and containers back in February as the end of the truce neared. Temporary diversions could easily become permanent ones, which would result in long-lasting negative effects on the port and the integrated transportation system around it.
In March, the Shipping Federation of Canada voiced its concerns that once logistics chains are reorganized around other hubs, including those in the United States, it will be difficult to reestablish arrangements through the port. The federation believes that a port strike would have dire, long-lasting consequences.
In the wake of the parties each giving 72 hours notice for job action, the Canadian Manufacturers and Exporters expressed serious apprehension with the looming work stoppage. In its press release issued on April 12, the organization stated, “The uncertainty caused by this labour dispute has had financial impacts on Canadian manufacturers and exporters, and the partial strike risks hurting the sector even more.” It also noted that this work stoppage, “will further impact an already fragile manufacturing supply chain, particularly in Quebec and Ontario.” It continued that, “As governments are investing billions of dollars to restart the economy, it doesn't make any sense to allow a slowdown of operations at the Port of Montreal.”
As the stoppage continues, many sectors of the economy that depend on cargo transitioning through the port will find it difficult to function. I ask members to consider, for example, the Forest Products Association of Canada. Exporters face serious delays and increased costs to move products through other busy ports. They also indicate that it took that portion of the supply chain three months to recover from that strike.
It is reasonable to expect similar impacts this time. Prior to the beginning of this work stoppage, stakeholders in the forestry industry indicated that another work stoppage in the port would present the same significant challenges and costs for the forest industry.
In addition, several agri-food stakeholders have indicated that the work stoppage is damaging their ability to ship containerized agricultural products and is causing harm to Canada's reputation as a reliable exporter of agricultural products. Reputation is everything. Food producers also indicated that they had rerouted their exports to other Canadian and U.S. ports prior to the beginning of the work stoppage, something we do not want to see.
As members can see, the effects are wide ranging and the overall impact would be devastating were this work stoppage to continue, particularly as we continue to navigate the impacts of the ongoing pandemic and the associated lockdowns that have dealt such a blow to the economies around the world, including Canada's.
Back-to-work legislation is a last resort and not something this government takes lightly, but we also have a responsibility, again, to Canadians and Canadian businesses across the country. We must act in the best interests of Canadians and Canadian businesses. As the parties remain unable to come to a new collective agreement, we believe this is the best course of action. Members can rest assured we will continue to support the parties through every means possible.
:
Madam Speaker, I would like to thank my hon. colleague for his speech.
I rise today to explain why our government introduced Bill to end the conflict between the Syndicat des débardeurs, or CUPE Local 375, and the Maritime Employers Association, or MEA.
I think that we would all be extremely relieved if this labour dispute were resolved rapidly and without government intervention. Canadians count on their federal government to protect the most vulnerable and help the men and women who need it most. The work stoppage is devastating for our economy, and the government has a responsibility to act on behalf of all Canadians and to make decisions based on the common good and the safety of all.
Throughout the collective bargaining between CUPE Local 375 and the MEA, we have constantly supported and encouraged the parties to reach an agreement that works for both sides. However, despite our efforts, the parties have not been able to resolve their differences.
The Port of Montreal is central to the economic well-being of Canadians from coast to coast, especially in Quebec and Ontario. The port is an essential link in the supply chain of raw materials and various products that are shipped in containers between Canada and the United States.
The Port of Montreal is the second-largest container port in Canada. Every year it handles over 1.6 million 20-foot units and 35 million tonnes of cargo, representing approximately $40 billion in goods. It is a major entry point for essential containerized imported goods for the Quebec and Ontario markets. We are talking about construction materials, pharmaceuticals, food products and other critical goods for the pharmaceutical and food industries.
The port’s competitive advantages include its proximity to central Canadian markets, efficient rail links and timely trucking operations. About 40 million consumers live within a day’s drive by truck, and 70 million more can be reached in two days by train. It is estimated that the port’s activities create more than 19,000 direct and indirect jobs and generate about $2.6 billion annually in economic benefits.
During last year’s strike at the Port of Montreal in August, desperate business owners in my riding called me. Alex is in construction, Marco is in the food industry, Jacques works in maintenance, Luc is in agriculture and Kathy is in metallurgy. Not only did they have to deal with the pandemic’s devastating impacts on their operations, but they are now losing clients and contracts because their containers are stuck at the port as a result of the strike and they cannot fulfill their obligations to their clients.
As one business owner in my riding put it so well:
[English]
“Businesses are losing money hourly. We are on track to gaining back what we lost through the pandemic, but now we are losing clients at an uncontrollable rate. The business community is held hostage by the union and it will be devastating to the economy. The strike will wipe out all the work done to overcome COVID-19. Businesses can't absorb anymore. This is a do or die for many small businesses. I respect the union's right to strike, but what about the right of small business owners, who depend on Maritime Cargo to meet the obligations of their business and thus continue to feed their families, pay the employees and sustain our community. Businesses expect action from the government.”
It should be noted in the summer of 2020 four strikes led to costly cargo hijacking and far from the table confrontations that led to arrests. The uncertainty regarding operations at the Port of Montreal could cause long-term damage to the Canadian economy, particularly in Quebec and Ontario.
With another work stoppage, it is again containerized products, including essential goods like pharmaceuticals and other commodities such as food, forestry and metal products, that are affected. Along with this work stoppage comes the diversion of cargos by other ports, including Halifax and Saint John and the ports on the east coast of the United States. Some diversions could become permanent. This could lead to a drop in demand for related rail and truck transport services. It could also lead to continued economic damage when the conflict ends.
This is why the government is taking legislative measures that would force the parties to resume and continue their activities in the Port of Montreal, while continuing the talks at the negotiation table.
[Translation]
This bill, once it receives royal assent, will immediately put an end to the work stoppage and ensure the continuation of all operations at the Port of Montreal.
It will also extend the most recent collective agreement until a new one is negotiated. It also provides for the appointment of an impartial mediator-arbitrator to help both parties resolve outstanding issues. Because the impartiality of the person selected must be ensured, if both parties cannot agree on one individual, the will appoint a person of her choice.
The mediator-arbitrator will have the double duty of helping the parties resolve outstanding issues through mediation or, if mediation fails and the parties are unable to agree on a new collective agreement, through an arbitration method of his or her choice. Mediation will last for 14 days, after which all outstanding matters will be decided upon by the arbitrator.
The new collective agreement that this process will result in will include the unamended provisions of the former collective agreement, every decision rendered by the arbitrator and every agreement entered into by the parties at any point in the current round of collective bargaining. Nothing in the bill precludes the parties from coming to an agreement on any topic or entering into a new collective agreement before the mediator-arbitrator renders a final decision. The mediator-arbitrator will have 90 days to conclude the arbitration process and establish a new collective agreement.
I sincerely hope that the parties will come to an agreement before we have to vote on this bill, but we cannot afford to wait. We must act now. We are really sorry that we had to table the bill, because we firmly believe that a negotiated settlement is always the best solution. However, we have a responsibility to Canadians and to businesses which drive our economy. When the consequences of a work stoppage are gravely detrimental to our country, we must act in the best interest of all.
After having exhausted all other options, we believe that this back-to-work legislation is the only one left.
Therefore, I urge all members to support this bill, because Canadians and businesses count on us to end this labour dispute.
:
Mr. Speaker, I will share my time with the excellent member for .
Like many Canadians, I am deeply troubled by the labour dispute that started at the Port of Montreal. I am especially disappointed in the Liberal government's nonchalance, considering that it had months to help the parties negotiate a solution.
This is not a first for this government, which also took its time alerting Canadians to the imminent arrival of the pandemic, closing the borders when the pandemic hit, supplying rapid tests and negotiating a stable vaccine supply. Even now, it is slow to close the borders. This does not have the leadership skills to manage crises well. He was slow to resolve the rail blockades, and now, a labour dispute at the Port of Montreal is forcing him to react.
I would like to help the Prime Minister understand why longshore workers are essential to our country. The Port of Montreal is vital to the Canadian economy. It has been described as the beating heart not only of Quebec but of all of eastern Canada, Ontario and Quebec.
The Port of Montreal is the second-busiest port in Canada. It handles cargo from 140 countries, serves as a logistical ecosystem for more than 63,000 businesses, and provides essential goods to more than 6,300 Quebec businesses.
These 6,300 Quebec businesses depend directly on the Port of Montreal to continue operating. We are not talking about big multinationals but about small and medium-sized businesses across Quebec that depend on operations continuing at the Port of Montreal.
The port supports the regional and national economies. It generated $2.6 billion in added value for the economy in 2019. Nineteen thousand people are directly or indirectly employed in handling 1.7 million containers annually.
Since 2020, almost 17 million metric tonnes of cargo have entered and left the port, in spite of the COVID-19 pandemic. Before the pandemic, the numbers were even more impressive. More than double that metric tonnage of cargo was handled by the Port of Montreal alone.
Let us go back a bit further. Since 2016, 12,000 ships have stopped at the port, for a total gross tonnage of $245 million. To put that in perspective, that means that the port receives more than 2,000 ships every year, 2,500 transport trucks every day and 60 to 80 freight trains every week. It handles $275 million in goods every day.
It does not take an expert in logistics or shipping to know that these numbers make the Port of Montreal an extremely important player in the transportation of goods and materials around the world, while contributing to the Canadian economy.
The importance of the port does not stop at the circulation of goods and materials. The port also plays a key role in welcoming cruise ships. Some 439,000 cruise ship passengers and crew members have gone through the Port of Montreal since 2016. Seventeen cruise ship companies are currently operating out of the port, and 76 international vessels visited the Port of Montreal as a port of call in 2019 alone.
The Port of Montreal's international reputation is extremely important in terms of both freight and passengers and visitors. It is clear to everyone that the Port of Montreal is an irreplaceable asset for Canada's regional and national economies.
It is not as though the Prime Minister did not foresee what might happen or was unable to prevent it. In August 2020, 1,100 port workers went on strike to protest the fact that they were working without a contract. At that time, the strike prevented the shipment of 90,000 containers and 325,000 tonnes of dry bulk. Industries like mining and forestry were particularly hard-hit by the strike. Many small businesses in my riding of Mégantic—L'Érable were negatively affected.
According to a recent press release from the Montreal Port Authority, the August work stoppage caused approximately $600 million in losses over a two-month period. Fortunately, that strike ended after 19 days, when the Maritime Employers Association and the Canadian Union of Public Employees, which is affiliated with the FTQ, agreed to a seven-month truce to negotiate a resolution.
That was the exact moment when the government had the opportunity to intervene. The federal government could have thrown all of its weight and influence into ensuring that the parties reached a negotiated agreement. That was when ministers should have taken an interest in what was happening at the Port of Montreal. The government should not just have sent mediators. Ministers should have gone to the Port of Montreal and met with the parties to show that they cared about the Port of Montreal's contribution to the economy. However, that did not happen. The government let things go and let the parties drift apart. As a result, we are here tonight to vote on special back-to-work legislation.
Canadians cannot and should not have to suffer the disastrous consequences of the government's inability to take advantage of the seven-month truce signed last summer. This is even more true when we consider the fact that our country has been hit very hard by the COVID-19 pandemic.
A Montreal market research firm said that the Canadian economy could lose $10 million to $25 million for every day that work is disrupted at the Port of Montreal. As a result of the strike last summer, $600 million in sales was lost, 80,000 containers were not able to be processed and 20 ships were diverted to competing ports. This undermines the Port of Montreal's international reputation.
I will give an example. Canada's fertilizer industry is one of the industries at risk of once again being significantly affected by the work stoppage at the Port of Montreal. Hundreds of thousands of tonnes of fertilizer pass through the port during the spring planting season, which is right now. Farms across Quebec and Atlantic Canada need this fertilizer to grow the foods that make their way to grocery stores everywhere, including Thetford Mines.
After a prolonged strike, food insecurity could become a real problem in eastern Canada and across the country. This is not what we want. Because of the COVID-19 pandemic, supply chains around the world have been greatly affected. The last thing Canadians need is even more uncertainty due to a labour dispute at the Port of Montreal. Many small and medium-sized businesses have already warned that they will have to slow down production and lay off workers if the strike at the Port of Montreal continues.
The executive director of the Association du camionnage du Québec is also worried about the inevitable bottlenecks that will occur once the workers' strike is over. The docks could be filled with ships still waiting to be loaded, preventing new container ships from docking. The resulting costs would inevitably be passed on to consumers, who are already paying dearly for the inflation we are all currently experiencing, particularly when it comes to building materials and food.
We have already seen this kind of bottleneck situation in Canada, during the rail blockades that took place last year. It seems like such a long time ago, but it was just last year. Because products could not be moved from the ports of Vancouver and Halifax, ships were eventually diverted to American ports. As a result, the Canadian economy was deprived of the benefits of shipping activity in its own ports.
As I mentioned, Canadians are unfortunately already familiar with the negative impacts of disruptions caused by interruptions in supply chains.
Last year, the Parliamentary Budget Officer indicated that the rail service disruptions cost the economy $275 million and that businesses' profits would be $130 million lower than usual. I am not just referring to multinationals, but also to small businesses in all regions of Canada and Quebec.
Billions of dollars in goods were delayed because of the blockades. Millions of tonnes of grain were trapped in the Prairies, and Canada's forestry sector suffered very heavy losses. It was hell. This evening, we must talk about the 2020 rail blockades to illustrate the impact that disruptions in the supply chain can have on Canada's economy and Canadians' lives.
It is shameful to have another labour dispute affecting our supply chain.
The strike at the Port of Montreal could and should have been prevented. As was the case with the rail blockade, this government does not understand how Canada's economy operates. It is unable to act at the right time, and it reacts when it is too late. It is obvious that a solution—
:
Mr. Speaker, it is a pleasure to have the opportunity to rise in the House tonight, speaking specifically to the back-to-work legislation for the Port of Montreal. I am pleased to provide a perspective as an Ontario MP, for many of my constituents, businesses and farms that rely on the viability of the port in my part of eastern Ontario. Some parts are only an hour or two away from the port, depending on their part of the riding.
Members have heard me speak in the House several times over the course of the last few months. As a new parliamentarian coming here in the class of 2019, I am judging as constructively as I can the government's performance on numerous files. We have seen the government, and I have said this many times, talk a good game. They say the right things and they have good intentions, but unfortunately we see time and time again their ability to talk and their ability to deliver, and not just have good intentions, but good results, are not happening.
I have spoken several times in the last couple of weeks to constituents, on media interviews and in the House here on different topics, for example, on the border closures, international flights and the debacle that we saw last week. I do not need to tell members or Canadians that in that situation the government should not have been caught by surprise that countries around the world, unfortunately, during COVID-19 would become hot spots or have outbreaks. The situation in India and Pakistan has been terrible, but the government was caught totally flat-footed, and here we are having to react, or they reacted very late to that.
I look at the debate we had on medical assistance in dying, trying to respond to the court ruling in Quebec. Constant extensions and delays were happening, because, I believe, and I think many Canadians believe, the government was talking but not actually delivering, following through or checking things off.
We find ourselves in the same situation here now with the Port of Montreal. The government has failed to bring both parties together to get a resolution. This bill tonight is not something to celebrate or be happy about. This is the result of a failure and a lack of leadership on the part of the federal government.
I want to bring context here tonight of why this matters economically. Many people, maybe those who are not familiar with the Port of Montreal, think it benefits the city of Montreal or maybe some neighbouring communities, but it is a lot more than that. It is the second-busiest port in Canada. There are 140 countries that use the Port of Montreal as a gateway into Canada, and we use that to export around the world. There are 40 million tonnes of cargo, and to put that into context that is 88 billion pounds of cargo, that go through the Port of Montreal every year. It affects every facet of our economy and our well-being. It sees 2,500 trucks a day, 60 to 80 trains a week, $2.6 billion in economic benefit, $250 million in tax revenue, and, here is an important part, 19,000 direct and indirect jobs, many of them well-paying union jobs, which is nothing short of a great thing.
Unfortunately, this is not the first time we are dealing with a strike. Back in August 2020, we were in a similar situation for 19 days. We saw what happens. We saw the economic damage it created across the country, the ripple effects and the months it took to get caught up. We also have a problem when it comes to the reputation of reliability at the Port of Montreal, which is important for the employer, the union, thousands of businesses and tens of thousands of workers in this country.
I had the opportunity to speak, and my staff did as well, today to people in Stormont—Dundas—South Glengarry to get a local impact, but I also know, and I talked to, many colleagues across Ontario. I was speaking, and my team was, with the economic development officer, Bob Peters, from the City of Cornwall. As members may know, I am very proud of my riding and the many businesses that are there. Cornwall is one of three major supply chain hubs in Canada serving the bulk of central Ontario, Quebec and eastern Canada. We are very proud of that. We have thousands of job in Cornwall and in our riding alone that rely on a viable and reliable Port of Montreal in operation.
I think of the issue with the Suez Canal a few weeks ago and the issues that happened when the supply chains were blocked there. The massive economic impact, the ripple effect that it had, was very devastating to many parts of the world. Just-in-time deliveries and reliability matter, not just for those directly in the port but going through that supply chain. It matters, not just to jobs at the port but to jobs across this country.
I think of Laframboise in my riding as well. As a local manufacturer and supplier, it relies on moving products. Benson Auto Parts, proud from the city of Cornwall, founded and originated and grown from there, relies on the Port of Montreal to import its products and to support its staff and its revenues. I do not need to remind this House, and of course all Canadians, that now is not an opportune time to put another economic strain on those supply chains and on our businesses in this country.
Another good friend we were speaking to today was my friend Jim Wert, not only the mayor of the Township of North Stormont but also a very well-respected farmer in our region and beyond, across the province. Jim was reporting that what we have seen, with the threat of closure and now the closure at the Port of Montreal, has already caused a spike in commodity pricing and it has a big effect on agricultural operations. That is not just the case in Stormont—Dundas—South Glengarry. I see my colleague behind me from Saskatchewan and I know there are impacts there as well. It ripples right across the country and affects agricultural operations.
This time of the year is a key time for our farmers. There are extremely time-sensitive deliveries that need to get to our farms in planting season, including potash, urea and phosphorous. We cannot have that come in two, three or four months later. We cannot have that being unreliable. Not only does that affect commodity prices on a large scale, but it could cripple and wipe out planting season in many parts of this country.
Beyond my riding, we can look at CN Rail and how it uses the port. There are auto companies like Pfaff Auto in Concord, just north of the 400 and 407 in the GTA. Northern Transformer provides a hundred jobs in Maple, Ontario in that same region. If they cannot get products, if they cannot get what they need through regular deliveries from the Port of Montreal, we could be seeing temporary job losses at a time when our economy cannot sustain that.
It is unfortunate that it has come to this. Already, with just the word of the closure of the port and the stoppage at the port, there has been a 10% drop in shipping volumes. They have gone elsewhere: New York, New Jersey and Norfolk, Virginia. We cannot be seen, at the Port of Montreal, as a country and as an economy that is unreliable.
I want to give credit to my colleagues here on the Conservative side, to our leader and our shadow minister for labour. I think they showed great leadership tonight. There was an amendment that came through the NDP that was supported both by members of the union and labour leaders, and by businesses as well. Our leader listened to both sides for supporting an amendment. Unfortunately, we have to deal with this, and we are supporting back-to-work legislation because it is necessary for our economy.
I close here tonight with my message to union workers and all workers in this country, the tens of thousands who rely on the port being reliable and viable in getting their product. We cannot afford a prolonged work stoppage, and we cannot afford to see those great union jobs at the Port of Montreal be lost because shipping routes and operations change to other ports. I am sorry that the government has not acted in a way that would bring a deal. It is unfortunate that this legislation is before us, but tonight they have seen us support a reasonable amendment in an effort to get the best piece of legislation to get those workers back on the job and to make sure that the bright future at the Port of Montreal is realized, both in the short and long term.
I appreciate the opportunity. As always, I look forward to the comments and questions from my colleagues.
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Mr. Speaker, I wish to inform you that I will be sharing my time with the hon. member for .
I sit here and wonder what we are doing here tonight. Why exactly are we here, when the has had all day to do what needs to be done?
Despite the late hour, the Bloc Québécois will not give up, nor will I, when faced with the absolute necessity of denouncing the government's intention to pass special legislation forcing workers back to work at the Port of Montreal.
Binding back-to-work legislation is an affront, but binding back-to-work legislation passed under a gag order is a double affront.
As our leader, the member for , clearly stated earlier today, there is a way out. A fair outcome under the circumstances is not only desirable, it is within reach for the Prime Minister. He still has a few hours left.
Through its many interventions, the Bloc Québécois has laid out all the pieces of the puzzle next to each other. The Prime Minister has to set his misplaced ego aside and simply put the pieces together. He spent time addressing the economic problems stemming from the strained labour relations at the Port of Montreal. He addressed it through special legislation that should only be used as a last resort, but it is not too late to do the right thing. The Prime Minister still has a few hours to act like a head of state and live up to his responsibilities.
The indecency of introducing such a bill speaks to a number of things, starting with the fact that an equitable alternative solution is within reach. It should be noted that the right to strike is recognized, protected by the Charter of Rights and Freedoms, by the Constitution and reiterated by the Supreme Court.
Imposing special legislation is completely unacceptable. Our leader confirmed this morning that the union had clearly stated in writing that the employees would go back to work tomorrow if management retracts its unilateral change to workers' schedules.
Earlier today, in question period, it was no surprise that the Prime Minister refused to confirm that the had stated in writing that the unilateral change made by the employer on April 9 to the 2013 collective agreement would be prohibited by the provisions of the special legislation. It leads us to wonder whether this amendment would be allowed under the provisions of the labour code.
Would it not be easy to pick up the telephone, call the employer and ask it to back down on the unilateral change? It is even more necessary given that the union has agreed to return to work in a few hours, tomorrow morning, and to continue bargaining if the Montreal port authority agrees to reverse the unilateral measure imposed on April 9. Why not do this? Why is the Prime Minister not upset with the employer's action taken on April 9, but is upset with the workers' action? After all, unilaterally changing working conditions, namely the scheduling, during bargaining is just not done.
Every day that the Prime Minister's pride prevails costs the Quebec economy up to $25 million. It took some nerve to say earlier today, in question period, that the mediation and arbitration process would be impartial. Really now.
I am saying this because the union asked the employer about what it made of the statement by the member for . The union told the employer that it understood that unilateral changes to scheduling could not be made under special legislation and told it what this means in light of the labour code provisions. The employer answered that it would reply after the special legislation was passed. Who really believes that it will be impartial and neutral? We should not be taken for fools.
The government's actions confirm that it is condoning the employer's strategy, which is to leave the bargaining table. It leads us to believe that strings were already being pulled in advance. The Government of Quebec wants the 1,500 Port of Montreal workers to go back to work. Quebec regions and many of the province's economic stakeholders want the dispute to be resolved. For their part, workers want to work. They do not want to be on strike.
The union understands what is at stake with the economy and the impact labour disputes can have. To claim otherwise is to show contempt for the labour movement and for all unionized workers, regardless of what field they are in.
Every member who is still here at this late hour tonight needs to understand that many hours of precious time have slipped by since Michel Murray explained that work would resume if the employer would go back on its unilateral change to work schedules. A few hours have already been wasted.
The federal government's actions, decisions and approaches do not support the legal framework surrounding labour law. Bill destroys that framework. The right to negotiate and the right to strike are linked. The right to strike is inherent to the right to negotiate because, without the threat of a strike, there is sometimes no power to negotiate and no way to come to an agreement. These are fundamental rights recognized in the UN International Covenant on Civil and Political Rights, the fundamental conventions of the International Labour Organization, the Canadian Constitution and the Canadian Charter of Rights and Freedoms.
This special legislation is a back-to-work bill. By choosing to take this approach to the current dispute, the government is turning a blind eye to the very principle of those rights. According to the Canadian Union of Public Employees, this special legislation is basically an affront to all Canadian workers. I would like to add that we are right to be concerned about this legislation being imposed, because a clear solution was identified to get employees back to work as of tomorrow without compromising the negotiation process.
The points of negotiation do not need to be analyzed and dissected here by me, the Prime Minister or the government. What is worrisome is how recklessly the Prime Minister is using this process to force the hand of the parties in question. The demands of the union are not excessive or unreasonable. My colleagues have talked about them.
In the column he wrote in Le Devoir in August 2020, Professor Soares aptly contrasts the human needs that employees are seeking to fulfill, such as work-life balance through more predictable schedules, with the employer's desire to maintain the status quo. Workers' rights were won one step at a time by people who had the courage to stand up and demand that their rights be respected, that they be able to live and work safely and in dignity. The labour movement was built one gain at a time, and these gains were hard won from the government and the most powerful players in the world.
The Prime Minister claims to believe in bargaining. He claims to have exhausted all options. However, he has absolutely no problem violating workers' rights and making the choice to support an employer that unilaterally made changes to a collective agreement. The agreement may have been expired, but it is still in force during the negotiation period. He should be relieved that our leader, the member for , has been willing to co-operate and work diligently on this issue these past 24 hours.
If the Prime Minister is so worried about Quebec's economy, about Quebec's workers, about their rights, about the principles of bargaining and all that, why is he not being fair and responsible? Why is he not acting like the leader of a country?
Let us recap: Was he concerned about Quebec farmers in 2019, when the Premier of Quebec, the Union des producteurs agricoles and others were asking for special legislation during the conflict between Canadian National and the Teamsters union? With regard to the urgent need to supply propane to the farmers and ranchers of Quebec, what answer did he give?
The Minister of Transportation at the time said the government was convinced that the best and fastest way to resolve the issue was for both sides to continue to negotiate collectively, and that it was prepared to help. That is what needs to be done.
The present case has to do with an employer that just got what it wanted handed to it on a silver platter. When working men and women exercise their right to strike, they do not do so for pleasure. They do not like to strike. The right to strike is not some walk in the park that can be taken away at the whim of elected officials with special legislation.
So much for a progressive party and a progressive Prime Minister. With its approach, the government is sending a clear message to unionized workers in Canada: their right to strike, which is their main pressure tactic when negotiations grind to a halt and which is protected by the Canadian Charter of Rights and Freedoms, has just been voluntarily eroded by the state.
:
Mr. Speaker, the longshoremen have been without a collective agreement for 850 days, and during all that time, there was no involvement by the government, who has been dragging its feet from the start only to introduce special legislation. In the end, what is the government saying? It is telling the boss that he does not need to negotiate anymore, that he can let things drag on, because the government is going to pass legislation, as usual.
They do not care about labour law or free bargaining. The Liberal Party caters to the bosses. We know that.
When there is no negotiated settlement, and the government imposes its special legislation, the work environment suffers greatly. Tensions remain and are amplified. Nothing is solved.
Since 1990, Ottawa has passed no fewer than 15 pieces of back-to-work special legislation, including the one before us today. On average, that is one piece of special legislation every two years. The last one targeted the postal workers in 2018. I remember well.
In Ottawa, special legislation that takes away workers' rights has become the norm rather than the exception. Legal experts Renée-Claude Drouin and Gilles Trudeau have indicated that this situation is pernicious because it essentially denies certain categories of workers the right to strike and can also turn what should be an exceptional situation into a permanent solution. That is what we are seeing tonight.
Dockworkers are well aware of the seriousness of the situation caused by the pandemic. They have been putting off their option to strike for months. This has been going on for 850 days. The employer did not negotiate and cannot even agree with itself. That makes it rather difficult to negotiate with another party.
The government did not do anything either. It saw that things were not progressing, but it washed its hands of the situation. What is worse, the government made it clear that, as soon as the workers went on strike, special legislation would be passed under a gag order. In short, the government made it clear to the employer that there was no need to negotiate because big daddy Ottawa would step in with legislation. The Liberal Party supports employers.
The Liberals essentially told the employer to keep stalling if it was not getting what it wanted because they would step in and save the employer's skin once again, as they do every two years.
As we all know, the worst part is that the longshoremen did not even want to go on strike. They did it in response to the employer's attacks on scheduling. Those attacks were intended to compel its buddy Ottawa to pass its special anti-worker legislation with its undemocratic gag order. The Liberal Party caters to employers.
As we know, the government could still have stopped the strike today even faster than using legislation, simply by stepping in and asking management to stop using those measures, since the employer will have to stop anyway. The longshoremen would have called off the strike immediately. Their strike is a response to the attacks from management.
The government had all the cards it needed to stop the job action and send the longshoremen and management back to the bargaining table, but it wanted special legislation instead. It still prefers to send the message that it is there to save the bosses' butts. That is what it means to be a party that caters to employers.
This bill represents a fresh setback for workers' rights. The Canada Labour Code is already an antiquated farce worthy of a Dickens or London novel. To this day, in 2021, it still allows the use of scabs. The Liberal Party claims to be progressive. Progressive, my foot.
The Liberal Party and its government are siding with the bosses and the big banks, not regular folks. We must not be fooled by their nice-sounding speeches and their cool attitude. It is a party that caters to big business.
No, we do not want a strike. The public, Quebec, union members, everyone wants the work to resume. There was no need to get to this point, but the government let the situation deteriorate. How irresponsible, as usual. Even today, there was an option that would have allowed for free bargaining. The government could have taken action, but it did not. How irresponsible. This government prefers to drag its feet until its soles wear out, rather than take action.
Let us briefly review labour law together. Even though, in this case, the government had all the cards to prevent a strike and keep negotiations going, the right to strike is a fundamental right. It is entrenched in labour law. It has even been recognized by the Supreme Court. In a ruling, the court recognized that the right to collective bargaining is a constitutional right, writing that section 2(d) prevents the state from substantially interfering with the ability of a union to exert meaningful influence over working conditions through a process of collective bargaining.
In another ruling, it even gave the right to strike constitutional benediction as an essential part of a meaningful collective bargaining process.
A judge even wrote that “[t]he right to strike is not merely derivative of collective bargaining, it is an indispensable component of that right. It seems to me to be the time to give this conclusion constitutional benediction.” A Supreme Court justice said that. She also said that it “is an indispensable component of collective bargaining.” That is not nothing.
By imposing closure on the legislation, the government summarily discarded the entire process for bargaining working conditions.
According to Pierre Trudel, a law professor at the Université de Montréal, the right to strike is the “irreducible minimum”. Canada has a court, a charter and a constitution that its government is not even able to obey. What contempt for the fundamental rights of workers. What a terrible day, what a terrible night today is for their rights.
The is taking the side of management while reminding us that she is the daughter of a union member. What a betrayal.
To come back to Mr. Trudel, he also writes, “The Court added that the international human rights instruments to which Canada is a party also require the protection of the right to strike as part of a meaningful process of collective bargaining.” Economic repercussions are not an argument for infringing on the right to strike. On that topic, the Committee on Freedom of Association, the wing of the International Labour Organization that interprets conventions pertaining to freedoms, has stated that even if the right to strike has an economic impact, that right has to be upheld. It is an international convention.
Today, the government has once more chosen to sacrifice the higher goal of economic and social peace. What great statesmanship on the part of the Liberals. It would seem that the federal government is quick to renege on its own international commitments when it is in its interest to do so. What is the value of federal commitments? This is how we can estimate their true value. It is the party of big business.
The highest court in the land recognizes the importance of workers' right to strike. In addition, Canada is a party to the International Labour Organization conventions that also recognize the fundamental nature of this right. However, the Liberal government is suppressing this right through special legislation to be passed under a gag order while declaring itself to be progressive. For goodness' sake. Clearly, its words and deeds are not lining up at all. Progressive, my foot. Everyone in the business world knows that it is thanks to the balance of power that each party makes concessions in order to negotiate working conditions.
Both parties lose during a lockout or strike, which exerts pressure and forces the parties to sit at the table to find a compromise and negotiate an agreement. However, the threat of special legislation disrupts this balance of power and sends management the message that it no longer needs to negotiate in good faith. This destroys the entire bargaining process between the employer and the union.
Management knew that the government was going to do this, so why would it bother negotiating seriously, with both sides giving up certain conditions in order to reach a compromise? Why would it do that, knowing that the government was going to play the card that would give it a leg up? The strike is unquestionably having a major impact on Quebec's economy. No one is denying that. However, I remind members that the government could have gotten involved during the negotiations so that they could keep moving forward without the need for a strike. The government did the opposite. There have been 850 days of negotiation, during which the government did nothing but drag its feet until its soles wore out.
The Bloc Québécois supports the dockworkers' demands and their fundamental right to freely negotiate their working conditions. We always stood with workers and we always will. The Bloc Québécois is denouncing the passage, under a gag order, of this special legislation that takes away the dockworkers' right to a negotiated collective agreement, in spite of there being other alternatives. Labour law sets the framework within which parties can exercise their negotiating leverage in a legitimate and legal manner. Failing to respect the workers' rights is making a mockery of a fundamental institution designed to ensure social and economic peace. That is what tonight's debate is about. The government's decision to ram this legislation through under a gag order is once again shaking the cornerstones of our society. We are wholeheartedly denouncing this situation.
What a way to act. What contempt for our people. I am ashamed of being in the House tonight and seeing the government act this way. What a disgrace.
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Mr. Speaker, I will be sharing my time with my colleague, the member for .
At the heart of this back-to-work legislation today is the issue around workers' rights. The right of workers to free collective bargaining and the right to strike are rights guaranteed in law.
Since we are talking about workers' right tonight, it would be appropriate for me to note that today is also the National Day of Mourning in remembrance of workers who were injured or killed on the job. It is essential that employers ensure their workers have a safe work environment. It is especially important at this time, in the middle of a pandemic, when so many workers are risking their lives, whether they are health care workers, cashiers at grocery stores, bus drivers or teachers. I want to extend my deepest gratitude to them and, as part of that appreciation, I will recommit myself to continue to fight to ensure that every single worker in the country has the protection of paid sick leave and that the federal government delivers on this important measure for the protection all of them.
As we are talking about workers' rights, tonight I was listening to the 's justification on this back-to-work legislation. At one point, the minister actually said that she was not taking sides, that she brought forward this legislation with a heavy heart. Somehow the minister appears to be completely oblivious to the fact that the minute she indicated the government would bring in back-to-work legislation, she took a side. She sided with the employer over the rights of the workers and with that action, she tipped the scale toward the employer in the bargaining process. Gone is the process for free collective bargaining. That is what the minister did when she indicated that the government would bring in back-to-work legislation.
The government is saying that it does not want to do this, but the reality is that it is doing it. It is ignoring the rights of the workers. It will justify this with all kinds of excuses, but let us be clear about what is happening. The unions have expressly said that there would be no job action if the employer walked back on the unilateral decision to change their work schedule. My question for the government is this. Why did it not tell the employer to honour the workers and not change their working conditions and job security provisions? That is in their collective agreement.
When the employer announced that it would not honour the workers' job security provisions, that is when things went off. When it took the unilateral decision to make changes to the workers' schedules, that is when things went off. Instead of telling the employer that it was not appropriate and that it must negotiate fairly at the bargaining table about scheduling, job security and other measures within the collective agreement, the government made a decision to tip the scale by indicating it would bring in back-to-work legislation. That is why we are here tonight. By doing this, the Liberals are sending a clear message to all workers that the government does not have their backs, and it does not. That is where we are at this moment in time.
I have heard members say that this job action from the unions would impact the flow of medical supplies and equipment. The union has also indicated that there is extensive essential service order in place by the Canada Industrial Relations Board and that its members have always abided by that order. That is to say that the workers would not disrupt the delivery of essential service orders involving medical supplies and equipment. That is an important piece for us all to note.
I want Canadians who are watching this debate to also know that this debate is not about money. In fact, the union has indicated that many of its workers are younger workers and many of them are women. I have been advised that a quarter of them are women now. What they are seeking are changes to the work conditions that will ensure a better work/life balance.
If anything, this pandemic has really brought to light for all of us the importance of family, of our loved ones and to ensure that while we work, we have a safe work environment that we can go home to and balance all of these things. Those are the basic things that every single worker wants. Those are the things I know I want for myself as well and for the people I love. That is what these workers are fighting for at the bargaining table.
To negotiate all of that, we need to ensure their rights are respected, to ensure that their right for free collective bargaining is protected. However, the government undermined all of that with this back-to-work legislation. What is even more worrisome is that after all of this the government might think it has solved the problem somehow, but it has not thought ahead of what it will mean down the road with respect to the working relationship between the workers and the employer, and the requirement and need to ensure there are good relations going forward.
By undermining their collective bargaining rights, in many ways we are helping to poison the well, and that is not good for anyone. That is not good for the workers and not good for the employer. It is actually in the best interest of the Canadian government to step away. There is still time. The government can say that this is not the right path forward, that it is going to withdraw the bill. It can still do that.
That is what I find so dismaying. The government wants to pretend that it is friends with workers, that it will honour the rights of workers and then in a heartbeat it brings in back-to-work legislation. That back-to-work legislation will strip workers of their rights, their basic, fundamental rights, which is enshrined in law.
I come from British Columbia and, sadly, we have a sad history of a government that violated the rights of workers over and over again. I remember the situation with health care workers and teachers where the government brought in around-the-clock debates that stripped the teachers and health care workers of their basic rights, the basic right to collective bargaining.
The unions brought the B.C. Liberal government to court and won in both instances, in the legislation against the teachers and against the health care workers. If there is a lesson to be learned here, it is this. We must respect the rights of workers. We must honour them. In this instance, bringing in back-to-work legislation in the manner in which the government has done is so wrong and it is not helpful. The government may want to fool itself by saying it is helpful, but it is not. It cannot say in the same breath that it is somehow friends, allies and supporters of labour while doing this. I actually remember—
:
Mr. Speaker, I want to begin by saying that I am speaking from the traditional territory of the Qayqayt first nation.
Like many of my colleagues, I, too, would like to acknowledge this sad International Workers' Memorial Day, which recognizes workers who have been killed or injured on the job. As members know, Canada lost nearly 1,000 workers over the past year because of a lack of workplace health and safety. Unfortunately, that is the exact date on which the government chose to impose a gag order and violate collective agreements and every union right in Canada.
This government claims to support workers. However, earlier today, it imposed a gag order and introduced the disastrous Bill , which puts an end to a collective agreement and the collective bargaining process that is so important to our democracy. That is extremely sad.
It is important to note how the government acted today. It just rewarded an employer or a negotiator that represents huge shipping companies worth billions and billions of dollars and that has been acting in bad faith for many months and years. Today, the Liberals rewarded this multi-billionaire employer that is seeking to trample on the rights of unionized workers at the Port of Montreal.
Montreal dock workers are part of CUPE Local 375, and they have been negotiating in good faith for years. I want to send them this message: We stand in solidarity with them, and we are proving it tonight. We have done that all day during the debates, particularly by making an amendment to Bill C-29 and by trying to have the gag order imposed by the government lifted. We are there for dock workers and their families.
We understand their concerns about health and safety in the workplace and their desire to have legitimate working conditions and a collective agreement that is respected. For the past several days, the government has been trying to trample on their rights and tear up that collective agreement. The NDP is there in solidarity with them.
What the government just did is appalling. We will not stand for it. Surely in the next election voters will let the Liberal and Conservative members know what they think, given that the two main parties are voting tonight to trample on the rights of unions and workers.
[English]
Today we have spoken often about front-line workers, and we have, throughout the course of the pandemic, paid tribute many times to them because of the courage and duty they have shown so often in working hard to ensure that we continue to move forward as a society. However, we see the contempt the government holds not only for front-line workers, unionized workers and the dock workers in Montreal, but indeed for all Canadians who are part of the labour movement.
The contempt the Liberals have shown today should be remembered for a long time. Remember, the Liberals have always put their hands around workers and said that they stand with them and that they will be there with them. However, that only lasts as long as the billionaire employers have their interests represented. The moment there is an attempt by workers to look for and obtain their rights is the moment when the Liberals back away and abandon and betray those workers. We see this tonight, and we certainly saw this with postal workers just a few years ago. We saw the Liberals pretending to support unionized workers and then betraying them the second they had the opportunity.
We have seen a lot of crocodile tears tonight from Liberals who stood and said they really do not want to do this. However, we know full well what happens when a government intervenes, particularly in a situation like this where workers have seen their rights completely pushed aside by a government. What happens when a government weighs in on the side of the employer and the billionaire corporations that represent maritime employers? It immediately sets the whole playing field against regular workers.
The Maritime Employers Association violated the collective agreement not once or twice, but four times, pushing workers at the docks in Montreal to the very edge. The workers responded with what is an overwhelming mandate, with over 99% of the workers saying that enough is enough. When we see an employer acting with such impunity and acting so irresponsibly, all we can do is stand up and stand together.
The Liberal government, after pretending to care about the workers, workers' rights, labour rights and union principles, betrayed the workers by saying to the employer that it is going to introduce back-to-work legislation and that no one should not worry. The employer can violate the collective agreement and the government will say nothing, but the moment the workers respond, it casts aside their rights and pushes them aside.
This is the very heart of whether or not a government is progressive, and there are many examples of why the Liberal government is less than progressive.
My colleagues have cited the similarities between the Harper government and the current government, but I would go beyond that. When we see tonight's actions, see how it treated postal workers and see the massive handouts, like the $750 billion in liquidity supports that were handed out to Canada's big banks within days of the pandemic hitting, we know this goes far beyond what the Harper government did. Yes, the Harper government did similar actions, but the overall size and scope of the bank bailout there was $116 billion. Now we see the Liberals doing six times worse.
Tonight, with this casting aside of what are basic fundamental labour rights and human rights, we see the contempt the Liberal government holds for the workers of the country. We have seen this as well with sick leave. The has refused to implement a working sick leave program in the midst of the pandemic, when sick leave is absolutely essential.
The Liberals should not be proud of their actions tonight. There is no justification for what they have done, and what they have done is deplorable. However, labour, labour organizers and labour members across the country will remember what they have done tonight.
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Mr. Speaker, I want to begin by acknowledging that I am here tonight on the traditional territory of the W̱SÁNEĆ nation with respect and gratitude.
Hych'ka Siem.
I also would like to split my time with the hon. leader of the Green Party of Canada, Annamie Paul, but I cannot because she is not elected yet, but she will be. I want to share that she comes from a strong union family.
We had our caucus meeting and discussed how we all feel, the three of us who are elected and the ones who will be elected later, about what we think about this back-to-work legislation. We will never support back-to-work legislation, never.
I am honoured to speak and take the time to stand clearly and firmly on the side of the longshoremen of the Port of Montreal.
[Translation]
Today is a day of mourning, when we remember those killed, injured or sickened on the job. This year, with this awful pandemic, our thoughts are with front-line workers who have done their jobs to protect our lives. We are so grateful to them.
How ironic that we should be marking this deeply sad and serious day in the House of Commons by debating special legislation to force longshoremen back to work with zero regard for their rights, including their right to strike. The right to strike is a constitutional right, yet here we are on this day of mourning, violating their fundamental right. To me, this is a supremely sad occasion.
I would like to tell a personal story. Thirty-seven years ago, I was working as a lawyer in Halifax, representing unions. Specifically, I worked for the Port of Halifax longshoremen. This might be hard to believe, but back then, the employer was the very same Maritime Employers Association. I am old now, but I will never forget my experiences with that group of longshoremen, who are still dear to me.
[English]
This is a complicated story, so I am going to tell it in English. There had been an accident at sea. The ship was tossed about in a big storm and it came to port all right, but its cargo was badly smashed. Everywhere one looked there was just a mess. The Maritime Employers Association, same employer, sent the workers in to clean up the ship. The collective agreement had said that if people are in a dangerous or hazardous work situation, they had to be paid time and a half. It also said the employer had the responsibility to provide protective equipment. Oh, no, not these guys. They did not bother providing any.
By the way, the Port of Halifax has a different employer association now, but this was about 1984 and it was the Maritime Employers Association. It was the longshoremen of Halifax. They sent them on board the ship to clean it up. In the hold there was raspberry jam that was smashed, a lot of Mumm champagne that was smashed, and they had a commercial chemical that is known for being hygroscopic. In other words, it absorbs moisture; that is one of its commercial benefits. I think it was potassium hydroxide, my memory may be faulty on that. Because this stuff in the hold was so hygroscopic, it absorbed all the moisture around it and became very caustic and toxic in an enclosed working space where my friends, I loved these guys, they were sent down there to clean up the hold.
What happened was that the reaction of the chemicals caused it to be really hot on their feet, through their boots. This will of course strike all of us here tonight at this late hour as an extraordinary tragedy, but it was so hot on their feet that they actually just smashed what bottles of Mumm that were not smashed already to pour the champagne on their feet to try to relieve the heat they were feeling. It was just awful. It was awful working conditions. They were not given any masks, so they were having trouble breathing and their feet were getting hot, and everything about the working conditions was appalling.
They worked in these conditions until the Environment Canada person showed up, who was in charge of accidents and toxic chemicals. He showed up appropriately dressed in full-on haz-mat, full-on moon suit, but the employers kept telling the guys to keep working in these conditions.
Fast-forward, we got into arbitration over this because the employers refused to pay what they were obliged to pay under the collective agreement. I will never forget the lawyer from the other side. I will spare mentioning his name because he has passed away and why bring abuse to him at this point; God rest his soul. The lawyer actually laughed at the workers during our arbitration. He said, “What, they need protection from raspberry jam?” Then I called my expert witness, Luke Tripp, the head of the Environment Canada contaminants program at the port at that point, and he laid out clearly, exactly how hazardous that was. We won that arbitration, hands down.
I have not forgotten my seething hatred for the Maritime Employers Association, I am sorry to say. Now it is many years later. They are all different people. They have probably all changed their tune. However, in this conflict I have no doubt where my heart lies. I cannot believe that we are in this situation where workers are being treated like this in 2021, that they would be provoked into this situation with so many arbitrary unilateral actions by the employers. It is really very distressing to imagine that we are passing legislation to force the wronged party back to work, and not standing up with the union.
[Translation]
We at the Green Party stand in solidarity with the Syndicat des débardeurs, and I want to say out loud, “So-so-so-solidarity! So-so-so-solidarity!"
Today, the longshoremen at the Port of Montreal are the victims of the employer's malevolent strategy. All the trials and tribulations the union has had with the employer are just awful. We will be voting on special legislation under a closure motion to force the longshoremen to go back to work without the protection of their constitutional right to strike.
[English]
I am very glad that in a life of lots of different kinds of jobs I had the chance to work in union-side labour law. However, I am overwhelmed by how many times this happens, and the same point was made by the hon. member for . For those of elected in 2011, and I am just coming up to my 10th anniversary this Sunday, one of the first things we had was back-to-work legislation for CUPW, Canada Post workers, being forced back to work. Jack Layton led us in three days of filibuster to try to stop that from happening, and we were all the time hoping that there were some negotiations happening. That should be a rare instance; it is becoming all too common.
I do agree with my friend from that it threatens to become not just a pattern but normal; it threatens to become a way of fundamentally undermining the rights of collective agreements and of ignoring the fact that we can get to negotiated solutions. I know it is tough. I have nothing but regard and affection for my friend, the , but this is a terrible mistake.
We should not be doing this, because the employer clearly knew that it could provoke and make unilateral decisions that violated the collective agreement that it was still honouring. It has been a number of years without a collective agreement, but both sides were honouring it. Despite the strike last year, they have been working hard to keep the goods moving. That is a key point. The union has been working hard to keep goods being delivered. It has been trying. We know that on March 17, when the employer said the union was not bargaining in good faith, the mediator could not say that. The mediator said it was premature to make that conclusion.
Therefore, who was not acting in good faith? It was the same guys who sent the Halifax longshoremen into the toxic hold of a ship to clean up the mess and laughed at them. Everyone can see that I have not quite gotten over it. This is not a moment to force the longshoremen back to work. This is a moment to have someone pick up the phone and tell the Maritime Employers Association that this is not acceptable, that it provoked this and the government is not going to back it up, and that the government is going to make sure it moves heaven and earth to move those goods to other ports and find workarounds.
We are not a country that is known for being landlocked; we are known for having ports. It is not going to be easy if we let the strike go. It would not be easy to find a good berth for every ship heading into that port, but we have many more options than they did in the Suez Canal. We have ports in Quebec, ports in Halifax, ports in Saint John. We have ports on our east coast and ports on our west coast. Surely to God, there was a better solution than this.
I lament it deeply. I wish, in my heart of hearts, that we had not come to the place we are tonight. I know in Ottawa it is well after midnight and here in British Columbia it is getting on in time, but this should not have happened on April 28. This deepens the offence, deepens the damage and deepens what it means to workers across this country. I agree entirely with the union's press release that this action of back-to-work legislation strikes at the heart of collective bargaining and hurts every worker across this country.
Make no mistake about it. A country that does not have a strong trade union movement is a country that lacks in social justice, that loses ground on the very things we take for granted: that children do not go to work in factories, that there is such a thing as time off, that there is such a thing as a reasonable work-life balance. These are some of the conditions that the longshoremen were working so hard for.
[Translation]
I just want to say that I deeply regret the special legislation being passed on closure this evening. It is a bad decision by our government that goes against workers' rights, against unions' rights and against the Port of Montreal workers.
I want to say to all the longshoremen at the Port of Montreal that I am sorry, and I ask them to forgive us for not being able to stop our government from making this decision.