Proceedings of the Standing Senate Committee on
Social Affairs, Science and Technology

Issue 16 - Eleventh Report of the Committee

THURSDAY, June 18, 1998

The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its

ELEVENTH REPORT

Your Committee, to which was referred Bill C-19, An Act to amend the Canada Labour Code (Part I) and the Corporations and Labour Unions Returns Act and to make consequential amendments to other Acts, has, in obedience to the Order of Reference of Monday, June 8, 1998, examined the said Bill and now reports the same without amendment, but with the following observations and recommendations:

THE MOVEMENT OF COMMODITIES OTHER THAN GRAIN

Your Committee notes that the government recognizes the importance of continuous handling of grain because of its perishable character and has therefore provided a legislative exception for the long-shoring and other port-related industries with respect to grain. However, other commodities represent significant goods moving through Canadian ports. These goods make a major contribution to the economy of Canada, and consequently we are very concerned about the possibility of upsetting the balance for effective and fair collective bargaining which could restrict this commerce.

Your Committee does not wish to encumber labour negotiations, but to focus instead on the need to monitor the process under Bill C-19 and to continue to examine alternatives and make recommendations for amendments if a better formula can be found. Consequently, your Committee recommends that the Minister of Labour review alternatives to this measure.

REMEDIAL CERTIFICATION

Your Committee continues to support the comments made in its report of Friday, April 25, 1997 and wishes to repeat them here. Concerns were heard that the provision in Clause 46 of Bill C-19, which would allow the Canada Industrial Relations Board to certify a trade union as a remedy for employer unfair labour practices, runs counter to the principle that certification should be based solely on the majority support of the employees in the bargaining unit. We strongly endorse the principle of majority support as a basis for certification and note that Bill C-19 retains the Board's authority to verify support by holding a representation vote in any case. We strongly recommend that the Board exercise the jurisdiction it has under section 29(1) of the Canada Labour Code and order a representation vote as a matter of course.

We believe that the concerns that have been expressed to the committee on this clause are serious and urge the utmost caution in applying this exceptional provision. Though a number of provincial labour statutes include similar provisions, they are used by provincial labour boards in rare cases, where an employer commits a serious unfair labour practice and where a representation vote is unlikely to provide a true measure of the employees' wishes.

We recommend, therefore, that in interpreting and applying Section 99.1, the Canada Industrial Relations Board should respect the findings of the Sims Task Force, namely, that this is an unusual remedy which should be reserved for "truly intolerable conduct" by an employer. Your Committee has concerns about whether the recent use of a similar clause by the Ontario Labour Relations Board in the Wal-Mart case is in fact an appropriate use of such a measure.

We also urge the Minister to monitor carefully the future application of this provision to ensure that it is used only in the most exceptional cases. It should not be seen as an alternative to the normal certification process. But if it evolves into such an alternative, we strongly recommend that the Minister consider deleting this provision.

GENDER NEUTRALITY

Your Committee was pleased with the statement made to it by the Minister of Labour on the issue of gender neutrality. Clearly, the Minister supports the view of committee members on the absolute need for gender neutrality in legislation, and we encourage the Minister to give immediate and constant attention to this matter.

THE ESTEY REVIEW

Your Committee heard a number of witnesses suggest that the provisions in Bill C-19 with respect to the movement of grain should not be passed until Justice W. Estey, who is reviewing Canada's grain handling system, issues his final report. From this perspective, we welcome the Minister of Labour's letter and his assurances that he will review Justice W. Estey's report. Your Committee is confident that this review, in conjunction with the Minister's commitment to also review the effect of Section 87.7 next year, following completion of the next round of West Coast long-shore bargaining, will result in any amendments that are needed.

Respectfully submitted,

LOWELL MURRAY

Chairman