OGGO Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 38

Thursday, May 8, 2003

The Standing Committee on Government Operations and Estimates met at 9:15 a.m. this day, in Room 362, East Block, the Chair, Reg Alcock, presiding.

Members of the Committee present: Reg Alcock, Paul Forseth, Judy Sgro, Paul Szabo and Tony Tirabassi.

Acting Members present: Jeannot Castonguay for Tony Valeri; Brent St-Denis for Carolyn Bennett; André Harvey for Roy Cullen; Dick Proctor for Pat Martin; Mauril Bélanger for Steve Mahoney; Bryon Wilfert for Raymonde Folco; Pauline Picard for Robert Lanctôt.

In attendance: From the Library of Parliament: Jack Stilborn, Analyst.

Witnesses: From the Human Resources Modernization Task Force: Ranald A. Quail, Deputy Minister and Head; Monique Boudrias, Assistant Deputy Minister and Senior Advisor; Yvette Aloisi, Director General, Institutional Reform, Memorandum to the Cabinet Development; Michel LeFrançois, General Counsel; Lois Pearce, Director General, Policy.

Pursuant to its Order of Reference of Thursday, February 20, 2003, the Committee resumed consideration of Bill C-25, An Act to modernize employment and labour relations in the public service and to amend the Financial Administration Act and the Canadian Centre for Management Development Act and to make consequential amendments to other Acts (See Minutes of Proceedings, Thursday, February 27, 2003, Meeting No. 12).

The Committee resumed clause-by-clause consideration of the bill.

Debate resumed on Clause 2.

The witnesses answered questions.

Pauline Picard moved, -- That Bill C-25, in Clause 2, be amended by adding after line 37 on page 70 the following:

“c.1) the employer or a bargaining agent has failed to comply with the duty to consult in good faith;”

After debate, the question being put on the amendment, it was negatived on division.

Pauline Picard moved, -- That Bill C-25, in Clause 2, be amended by replacing lines 8 to 44 on page 78, lines 1 to 47 on page 79, lines 1 to 48 on page 80 and lines 1 to 14 on page 81 with the following:

“196. (1) No employer shall declare or cause a lockout and no trade union shall declare or authorize a strike unless

(a) the employer or trade union has given notice to bargain collectively under this Part;

(b) the employer and the trade union

(i) have failed to bargain collectively within the period specified in paragraph 50(a) of the Canada Labour Code, or

(ii) have bargained collectively in accordance with section 50 of the Canada Labour Code but have failed to enter into or revise a collective agreement;

(c) the Minister has

(i) received a notice, given under section 71 of the Canada Labour Code by either party to the dispute, informing him of the failure of the parties to enter into or revise a collective agreement, or

(ii) taken action under subsection 72(2) of the Canada Labour Code; and

(d) 21 days have elapsed after the date on which the Minister

(i) notified the parties of the intention not to appoint a conciliation officer or conciliation commissioner, or to establish a conciliation board under subsection 72(1) of the Canada Labour Code,

(ii) notified the parties that a conciliation officer appointed under subsection 72(1) of the Canada Labour Code has reported,

(iii) released a copy of the report to the parties to the dispute pursuant to paragraph 77(a) of the Canada Labour Code, or

(iv) is deemed to have been reported to pursuant to subsection 75(2) of the Canada Labour Code or to have received the report pursuant to subsection 75(3) of the Canada Labour Code;

(e) the Board has determined any application made pursuant to subsection 87.4(4) of the Canada Labour Code or any referral made pursuant to subsection 87.4(5) of the Canada Labour Code; and

(f) sections 87.2 and 87.3 of the Canada Labour Code have been complied with.

(2) No employee shall participate in a strike unless

(a) the employee is a member of a bargaining unit in respect of which a notice to bargain collectively has been given under this Part; and

(b) the requirements of subsection (1) have been met in respect of the bargaining unit of which the employee is a member.”

After debate, the question being put on the amendment, it was negatived on division.

Pauline Picard moved, -- That Bill C-25, in Clause 2, be amended by deleting lines 11 to 17 on page 83.

After debate, the question being put on the amendment, it was negatived on division.

Pauline Picard moved, -- That Bill C-25, in Clause 2, be amended by deleting lines 27 to 32 on page 83.

After debate, the question being put on the amendment, it was negatived on division.

Pauline Picard moved, -- That Bill C-25, in Clause 2, be amended by deleting lines 7 to 11 on page 84.

After debate, the question being put on the amendment, it was negatived on division.

Pauline Picard moved, -- That Bill C-25, in Clause 2, be amended by replacing lines 22 to 24 on page 85 with the following:

“208. (1) Subject to subsections (2) to (7), a trade union is entitled to present an individual grievance if an employee feels aggrieved”

Debate arose thereon.

By unanimous consent, it was agreed -- That the amendment be further amended by replacing, in the English version, in line 23 on page 85, the words

"trade union" with the words "bargaining agent", and in the French version, in line 21 on page 85, the word “syndicat” with the words “agent négociateur”.

Debate resumed on the amendment, as amended.

After debate, the question being put on the amendment, it was negatived on division.

Pauline Picard moved, -- That Bill C-25, in Clause 2, be amended by replacing line 36 on page 85 with the following:

“(2) A trade union may not present an”

By unanimous consent, it was agreed, -- That the amendment be further amended by replacing, in the English version, in line 36 on page 85, the words

"trade union" with the words "bargaining agent", and in the French version, in line 34, page 85, the word “syndicat” with the words “agent négociateur”.

Debate resumed on the amendment, as amended.

After debate, the question being put on the amendment, it was negatived on division.

Pauline Picard moved, -- That Bill C-25, in Clause 2, be amended by replacing line 1 on page 86 with the following:

“(3) Despite subsection (2), a trade union”

By unanimous consent it was agreed, -- That the amendment be further amended by replacing, in the English version, in line 1 on page 86, the words

"trade union" with the words "bargaining agent”, and, in the French version, in line 2, on page 86, the word “syndicat” with the words “agent négociateur”.

The question being put on the amendment, it was negatived on division.

Pauline Picard moved, -- That Bill C-25, in Clause 2, be amended by replacing lines 5 to 9 on page 86 with the following:

“(4) A trade union may not present an individual grievance relating to the interpretation or application, in respect of the employee, of a provision of a collective agreement or an arbitral award unless the trade union has the”

By unanimous consent, it was agreed, -- That the amendment be further amended by replacing, in the English version, in lines 5 to 9 on page 86, the words

"trade union" whith the words "bargaining agent”, and, in the French version, in line 5, on page 86, the word “syndicat” with the words “agent négociateur”.

The question being put on the amendment, it was negatived on division.

Pauline Picard moved, -- That Bill C-25, in Clause 2, be amended by replacing lines 14 to 19 on page 86 with the following:

“(5) A trade union that, in respect of any matter, avails itself of a complaint procedure established by a policy of the employer may not present an individual grievance in respect of that matter if the policy expressly provides that anyone who”

By unanimous consent, it was agreed, -- That the amendment be further amended by replacing, in the English version, in lines 14 to 19 on page 86, the words

"trade union" whith the words "bargaining agent", and, in the French version, in line 14, on page 86, the word “syndicat” with the words “agent négociateur”.

The question being put on the amendment, it was negatived on division.

Pauline Picard moved, -- That Bill C-25, in Clause 2, be amended by replacing line 23 on page 86 with the following:

“(6) A trade union may not present an”

The question being put on the amendment, it was negatived on division.

By unanimous consent, it was agreed, -- That the amendment be further amended by replacing in the English version, in line 23, on page 86, the words

“trade union” with the words “bargaining agent” and, in the French version, in line 21, on page 86, the word “syndicat” with the words “agent négociateur”.

Pauline Picard moved, -- That Bill C-25, in Clause 2, be amended by adding after line 3 on page 87 the following:

“b.1) harassment;”

After debate, the question being put on the amendment, it was negatived on division.

Pauline Picard moved, -- That Bill C-25, in Clause 2, be amended by replacing lines 16 to 18 on page 87 with the following:

“(d) demotion or termination for any reason that”

After debate, the question being put on the amendment, it was negatived on division.

Pauline Picard moved, -- That Bill C-25, in Clause 2, be amended by replacing line 17 on page 87 with the following:

“agency,”

After debate, the question being put on the amendment, it was negatived on division.

Pauline Picard moved, -- That Bill C-25, in Clause 2, be amended by deleting lines 26 to 28 on page 87.

After debate, the question being put on the amendment, it was negatived on division.

Pauline Picard moved, -- That Bill C-25, in Clause 2, be amended by replacing line 35 on page 93 with the following:

“(i) with the approval of the Canadian Human Rights Commission, award interest in the case of grievances”

After debate, the question being put on the amendment, it was negatived on division.

Pauline Picard moved, -- That Bill C-25, in Clause 2, be amended by replacing line 6 on page 94 with the following:

“oral hearing, provided that the parties involved agree that the matter does not require an oral hearing.”

After debate, the question being put on the amendment, it was negatived on division.

Pauline Picard moved, -- That Bill C-25, in Clause 2, be amended by replacing lines 4 to 7 on page 95 with the following:

“have been made for valid reasons.”

After debate, the question being put on the amendment, it was negatived on division.

Tony Tirabassi moved, -- That Bill C-25, in Clause 2, be amended by replacing lines 15 and 16 on page 95 with the following:

Decision in respect of certain policy grievances
232. If a policy grievance relates to a matter that was or could have been the subject of an individual grievance or a group grievance, an adjudicator's decision in respect of the policy grievance is limited to one or more of

After debate, the question being put on the amendment, it was agreed to on division.

Pauline Picard moved, -- That Bill C-25, in Clause 2, be amended by adding after line 17 on page 99 the following:

“242.1 (1) The employer shall establish a policy of internal disclosure of information concerning wrongdoing in the workplace which specifies that:

(a) employees may disclose, in good faith and with reasonable grounds, information concerning wrongdoing within their organizations;

(b) disclosures shall be addressed in an appropriate and timely fashion; and

(c) employees shall be treated fairly and protected from reprisal.

(2) Employees who have unsuccessfully exhausted the employer's policy on wrongdoing referred to in section 242.1(1) may disclose information on wrongdoing to the Public Service Integrity Officer, or, in exceptional circumstances where there is an immediate risk to the life, health or safety of the public, make an external disclosure.

(3) The employer policy referred to in this section may be co-developed in accordance with section 11.

242.2 (1) The Public Service Integrity Officer is designated by the Governor in Council, shall act as an independent entity on matters of disclosure of wrongdoing and shall report directly to Parliament. The Office of the Auditor General shall provide facilities and administrative support to the Public Service Integrity Officer.

(2) The Public Service Integrity Officer shall establish administrative procedures and policy to investigate allegations of wrongdoing and to protect from reprisal employees who disclose in good faith information concerning wrongdoing.

(3) The Public Service Integrity Officer shall direct such corrective action as deemed appropriate.

242.3 No employee shall be subject to any reprisal at any time for having made a disclosure or provided evidence in accordance with the employer policy or procedures of the Public Service Integrity Officer established pursuant to this Part.”

Debate arose thereon.

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the bill.

After debate, by unanimous consent, the motion was withdrawn.

Tony Tirabassi moved, -- That Bill C-25, in Clause 2, be amended by replacing line 9 on page 102 with the following:

Review
252. Five years after the day on which this

After debate, the question being put on the amendment, it was agreed to on division.

By unanimous consent, the Committee reverted to the consideration of the following amendment, previously stood:

Pauline Picard moved, -- That Bill C-25, in Clause 2, be amended by replacing line 11 on page 1 with the following:

“tion of union rights is paramount;”

After debate, the question being put on the amendment, it was negatived on division.

By unanimous consent, the Committee reverted to the consideration of the following amendment, previously stood:

Pauline Picard moved, -- That Bill C-25, in Clause 2, be amended by adding after line 7 on page 2 the following:

“the practice of free collective bargaining and the positive resolution of disputes must be encouraged in the interest of the public good;”

The question being put on the amendment, it was negatived on division.

By unanimous consent, the Committee reverted to the consideration of the following amendment, previously stood:

Pauline Picard moved, -- That Bill C-25, in Clause 2, be amended by replacing lines 34 and 35 on page 10 with the following:

“19. (1) Every member, other than the Chairperson, and every Vice-Chairperson must be”

After debate, the question being put on the amendment, it was negatived on division.

By unanimous consent, the Committee reverted to the consideration of the following amendment, previously stood:

Pauline Picard moved, -- That Bill C-25, in Clause 2, be amended by replacing line 11 on page 14 with the following:

“before the Board or an interim order relating to any matter referred to in this division or Part 2. ”

After debate, the question being put on the amendment, it was negatived on division.

Clause 2, as amended, carried on division.

The Chair called on Clause 3.

Clause 3 carried on division.

The Chair called on Clause 4.

Debate continuing.

At 11:05 a.m., the Committee adjourned to the call of the Chair.

Diane Diotte

Committee Clerk