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MINUTES OF PROCEEDINGS
 
Meeting No. 12
 
Thursday, February 13, 2014
 

The Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities met at 8:45 a.m. this day, in Room 7-52, 131 Queen Street, the Chair, Phil McColeman, presiding.

 

Members of the Committee present: Scott Armstrong, Brad Butt, Rodger Cuzner, Colin Mayes, Phil McColeman, Cathy McLeod, Devinder Shory and Jinny Jogindera Sims.

 

Acting Members present: Alexandre Boulerice for Sadia Groguhé, Wayne Marston for Tarik Brahmi and Wai Young for Brad Butt.

 

Other Members present: Elizabeth May.

 

In attendance: Library of Parliament: Havi Echenberg, Analyst; Isabelle Lafontaine-Émond, Analyst. House of Commons: Mike MacPherson, Legislative Clerk; Justin Vaive, Legislative Clerk.

 

Witnesses: Canada Industrial Relations Board: Elizabeth MacPherson, Chairperson; Ginette Brazeau, Executive Director and General Counsel. Christian Labour Association of Canada: Dick Heinen, Executive Director. Canadian Federation of Independent Business: Satinder Chera, Vice-President, Communications. As an individual: Marcel Boyer, Emeritus Professor of Economics, Université de Montréal, Fellow, Centre for Interuniversity Research and Analysis on Organizations (CIRANO).

 
Pursuant to the Order of Reference of Wednesday, January 29, 2014, the Committee resumed consideration of Bill C-525, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act (certification and revocation — bargaining agent).
 

Elizabeth MacPherson, Dick Heinen, by videoconference from Paris, France, Marcel Boyer and, by videoconference from Toronto, Ontario, Satinder Chera each made a statement and, with Ginette Brazeau, answered questions.

 

Rodger Cuzner moved, — That the Committee extend its study of Bill C-525, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act (certification and revocation – bargaining agent).

 

After debate, the question was put on the motion and it was negatived.

 

Scott Armstrong moved, — That the Committee proceed to sit in camera.

 

The question was put on the motion and it was agreed to on the following recorded division: YEAS: Scott Armstrong, Brad Butt, Colin Mayes, Cathy McLeod, Devinder Shory — 5; NAYS: Alexandre Boulerice, Rodger Cuzner, Wayne Marston, Jinny Jogindera Sims — 4.

 

At 9:46 a.m., the sitting was suspended.

At 9:47 a.m., the sitting resumed in camera.

 

At 9:54 a.m., the sitting was suspended.

At 9:55 a.m., the sitting resumed in public.

 

The Committee commenced its clause-by-clause study of the Bill.

 

Pursuant to Standing Order 75(1), consideration of Clause 1, Short Title, is postponed.

The Chair calls Clause 2.

 

On Clause 2,

Cathy McLeod moved, — That Bill C-525, in Clause 2, be amended by replacing lines 7 to 21 on page 1 with the following:

“replaced by the following:

28. (1) If the Board is satisfied on the basis of the results of a secret ballot representation vote that a majority of the employees in a unit who have cast a ballot have voted to have a trade union represent them as their bargaining agent, the Board shall, subject to this Part, certify the trade union as the bargaining agent for the unit.

(2) The Board shall order that a secret ballot representation vote be taken among the employees in a unit if the Board

(a) has received from a trade union an application for certification as the bargaining agent for the unit;

(b) has determined that the unit constitutes a unit appropriate for collective bargaining; and

(c) is satisfied on the basis of evidence of membership in the trade union that, as of the date of the filing of the application, at least 40% of the employees in the unit wish to have the trade union represent them as their bargaining agent.”

 

After debate, the question was put on the amendment of Cathy McLeod and it was agreed to.

 

Clause 2, as amended, carried on division.

 

On Clause 3,

Cathy McLeod moved, — That Bill C-525, in Clause 3, be amended by replacing line 22 on page 1 to line 6 on page 2 with the following:

“3. (1) Subsection 29(1) of the Act is repealed.”

 

After debate, the question was put on the amendment of Cathy McLeod and it was agreed to, by a show of hands: YEAS: 5; NAYS: 3.

 

Clause 3, as amended, carried on division.

 

On Clause 4,

Cathy McLeod moved, — That Bill C-525, in Clause 4, be amended by

(a) replacing line 12 on page 2 with the following:

“employee who claims to represent at least 40%”

(b) replacing line 24 on page 2 with the following:

“40% of the employees in the bargaining unit”

 

After debate, the question was put on the amendment of Cathy McLeod and it was agreed to, by a show of hands: YEAS: 5; NAYS: 3.

 

Clause 4, as amended, carried on division.

 

On Clause 5,

Jinny Jogindera Sims moved, — That Bill C-525, in Clause 5, be amended by replacing line 29 on page 2 with the following:

“5. Subsection 39(1) of the Act is”

 

After debate, the question was put on the amendment of Jinny Jogindera Sims and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

 
Cathy McLeod moved, — That Bill C-525, in Clause 5, be amended by

(a) replacing lines 34 and 35 on page 2 with the following:

“unit, the Board shall grant the order if

(a) it is satisfied on the basis of written”

(b) replacing line 37 on page 2 with the following:

“the application, at least 40% of the employees”

(c) replacing line 40 on page 2 with the following:

“(b) it is satisfied on the basis of the results of a”

(d) replacing lines 43 on page 2 to line 8 on page 3 with the following:

“unit who have cast a ballot no longer wish to be represented by the bargaining agent.”

 

By unanimous consent, Clause 5 was allowed to stand.

 

On new Clause 5.1,

Jinny Jogindera Sims moved, — That Bill C-525 be amended by adding after line 8 on page 3 the following new clause:

“5.1 Section 98 of the Act is amended by adding the following after subsection (1):

(1.1) Despite subsection (1), in the case of the receipt of a complaint made under section 97 concerning the acquisition and termination of bargaining rights, the Board must determine the complaint within a period of forty-eight hours following its receipt.”

 

The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 767 of House of Commons Procedure and Practice, Second Edition.

 

Whereupon, Alexandre Boulerice appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division: YEAS: Scott Armstrong, Brad Butt, Colin Mayes, Cathy McLeod, Devinder Shory — 5; NAYS: Alexandre Boulerice, Rodger Cuzner, Wayne Marston — 3.

 

On Clause 6,

Cathy McLeod moved, — That Bill C-525, in Clause 6, be amended by

(a) replacing line 9 on page 3 with the following:

“6. Section 25 of the Parliamentary”

(b) replacing lines 12 to 24 on page 3 with the following:

“25. (1) If the Board is satisfied on the basis of the results of a secret ballot representation vote that a majority of the employees in a proposed bargaining unit who have cast a ballot have voted to have an employee organization represent them as their bargaining agent, the Board shall, subject to this Part, certify the employee organization as bargaining agent for the employees in the unit.

(2) The Board shall direct that a secret ballot representation vote be taken among a group of employees if the Board

(a) has received from an employee organization an application for certification as bargaining agent for a bargaining unit in accordance with this Part;

(b) has determined, in accordance with section 23, that the group of employees constitutes a unit appropriate for collective bargaining;

(c) is satisfied on the basis of evidence of membership in the employee organization that, as of the date of the filing of the application, at least 40% of the employees in the unit wish to have the employee organization represent them as their bargaining agent; and

(d) is satisfied that the persons representing the employee organization in the making of the application have been duly authorized to make the application.”

 

After debate, the question was put on the amendment of Cathy McLeod and it was agreed to on division.

 

Clause 6, as amended, carried on division.

 

On Clause 7,

Cathy McLeod moved, — That Bill C-525, in Clause 7, be amended by replacing lines 31 to 41 on page 3 with the following:

“described in subsection 25(1) and paragraphs 25(2)(c) and (d), the Board may

(2) Subsection 26(2) of the Act is repealed.

(3) The portion of subsection 26(3) of the Act before paragraph (a) is replaced by the following:

(3) If the Board directs that a representation vote be taken, the Board shall”

 

After debate, the question was put on the amendment of Cathy McLeod and it was agreed to on division.

 

Clause 7, as amended, carried on division.

 

On Clause 8,

Cathy McLeod moved, — That Bill C-525, in Clause 8, be amended by

(a) replacing line 4 on page 4 with the following:

“sent at least 40% of the employees in the”

(b) replacing line 15 on page 4 with the following:

“any person claiming to represent at least 40% of”

(c) replacing line 28 on page 4 with the following:

“subsection (1) or (3), as the case may be, at least 40% of the employees in”

(d) replacing line 31 on page 4 with the following:

“Board shall order that a secret ballot representation vote be”

(e) replacing line 35 on page 4 with the following:

“(3), if after conducting the secret ballot representation vote”

(f) replacing lines 38 and 39 on page 4 with the following:

“bargaining unit who have cast a ballot no longer wish to be represented by the employee”

 

After debate, the question was put on the amendment of Cathy McLeod and it was agreed to on division.

 

Clause 8, as amended, carried on division.

 

On Clause 9,

Cathy McLeod moved, — That Bill C-525, in Clause 9, be amended by

(a) replacing line 1 on page 5 with the following:

“9. Subsection 64(1) of the Public Service”

(b) replacing lines 4 to 15 on page 5 with the following:

“64. (1) If the Board is satisfied on the basis of the results of a secret ballot representation vote that a majority of the employees in a proposed bargaining unit who have cast a ballot have voted to have the applicant employee organization represent them as their bargaining agent, the Board must, subject to this Part, certify the employee organization as the bargaining agent for the unit.

(1.1) After having determined a unit appropriate for collective bargaining, the Board must order that a secret ballot representation vote be taken among the employees in the unit if it is satisfied

(a) on the basis of evidence of membership in the employee organization that, as of the date of the filing of the application, at least 40% of the employees in the unit wish to have the employee organization represent them as their bargaining agent;

(b) that the persons representing the employee organization in the making of the application have been duly authorized to make the application; and

(c) if the applicant is a council of employee organizations, that each of the employee organizations forming the council has vested appropriate authority in the council to enable it to discharge the duties and responsibilities of a bargaining agent.”

 

After debate, the question was put on the amendment of Cathy McLeod and it was agreed to on division.

 

Clause 9, as amended, carried on division.

 

On Clause 10,

Cathy McLeod moved, — That Bill C-525, in Clause 10, be amended by replacing lines 16 to 23 on page 5 with the following:

“10. Subsection 65(1) of the Act is repealed.”

 

After debate, the question was put on the amendment of Cathy McLeod and it was agreed to on division.

 

Clause 10, as amended, carried on division.

 

On Clause 11,

Cathy McLeod moved, — That Bill C-525, in Clause 11, be amended by replacing line 27 on page 5 with the following:

“least 40% of the employees in the bargaining”

 

After debate, the question was put on the amendment of Cathy McLeod and it was agreed to on division.

 

Clause 11, as amended, carried on division.

 

On Clause 12,

Cathy McLeod moved, — That Bill C-525, in Clause 12, be amended by

(a) replacing line 39 on page 5 with the following:

“subsection 94(1), at least 40% of the employees”

(b) replacing lines 3 to 5 on page 6 with the following:

“satisfied that a majority of the employees in the bargaining unit who have cast a ballot no longer wish to be represented by the employee”

 

After debate, the question was put on the amendment of Cathy McLeod and it was agreed to on division.

 

Clause 12, as amended, carried on division.

 

On new Clause 13,

Alexandre Boulerice moved, — That Bill C-525 be amended by adding after line 8 on page 6 the following new clause:

“13. The Act is amended by adding the following after section 190:

190.1 The Board must, within a period of forty-eight hours following its receipt, examine and inquire into any complaint concerning the acquisition and termination of bargaining rights made to it.”

 

After debate, the question was put on the amendment of Alexandre Boulerice and it was negatived on the following recorded division: YEAS: Alexandre Boulerice, Rodger Cuzner, Wayne Marston, Jinny Jogindera Sims — 4; NAYS: Scott Armstrong, Brad Butt, Colin Mayes, Cathy McLeod, Devinder Shory — 5.

 
Cathy McLeod moved, — That Bill C-525 be amended by adding after line 8 on page 6 the following:

COMING INTO FORCE

“13. This Act comes into force six months after the day on which it receives royal assent.”

 

Jinny Jogindera Sims moved, — “That the word “six” be replaced with “12”.

 

After debate, the question was put on the subamendment of Jinny Jogindera Sims and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

 

After debate, the question was put on the amendment of Cathy McLeod and it was agreed to on division.

 
The Committee resumed consideration of the amendment of Cathy McLeod, — That Bill C-525, in Clause 5, be amended by

(a) replacing lines 34 and 35 on page 2 with the following:

“unit, the Board shall grant the order if

(a) it is satisfied on the basis of written”

(b) replacing line 37 on page 2 with the following:

“the application, at least 40% of the employees”

(c) replacing line 40 on page 2 with the following:

“(b) it is satisfied on the basis of the results of a”

(d) replacing lines 43 on page 2 to line 8 on page 3 with the following:

“unit who have cast a ballot no longer wish to be represented by the bargaining agent.”

 

After debate, the question was put on the amendment of Cathy McLeod and it was agreed to on division.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-525, in Clause 5, be amended by adding after line 8 on page 3 the following:

“(2) Despite subsection (1), where no collective agreement applicable to a bargaining unit is in force, no order shall be made pursuant to paragraph (1)(c) in relation to the bargaining agent for the bargaining unit unless the Board is satisfied that the bargaining agent has failed to make a reasonable effort to enter into a collective agreement in relation to the bargaining unit.”

After debate, the question was put on the amendment and it was negatived by a show of hands: YEAS: 4; NAYS: 5.

 

Clause 5, as amended, carried on division.

 

Clause 1, Short Title, carried on division.

 

The Title carried on division.

 

The Bill, as amended, carried on the following recorded division: YEAS: Scott Armstrong, Brad Butt, Colin Mayes, Cathy McLeod, Devinder Shory — 5; NAYS: Alexandre Boulerice, Rodger Cuzner, Wayne Marston — 3.

 

ORDERED, — That the Chair report the Bill, as amended, to the House.

 

ORDERED, — That Bill C-525, as amended, be reprinted for the use of the House at report stage.

 

At 10:45 a.m., the Committee adjourned to the call of the Chair.

 



Caroline Bosc
Clerk of the Committee

 
 
2014/06/19 4:17 p.m.