40th PARLIAMENT, 2nd SESSION
EDITED HANSARD • NUMBER 128
CONTENTS
Thursday, December 10, 2009
Museums

Mr. Richard Nadeau (Gatineau, BQ):

Mr. Speaker, it is proving impossible to reach a negotiated agreement with the Canadian Museum of Civilization Corporation. The employees of the Canadian Museum of Civilization and the Canadian War Museum have been on strike since September 21, 2009. At the end of August, the 420 workers voted 92% in favour of the strike.

From the beginning, the union has clearly indicated to the employer, to a mediator, to members of Parliament and to the general public that the employees of the Canadian Museum of Civilization Corporation are simply asking for employment conditions similar to those offered in other museums and cultural institutions in the region.

Specifically, these conditions include layoff protection, protection against subcontracting, a commitment to promote stable, permanent employment, and salaries that are in line with those paid at other museums in the region. The Canadian Museum of Civilization Corporation's position falls short in all those areas.

Regarding layoff protection, the Canadian Museum of Civilization Corporation insists on maintaining its capacity to lay off employees as it sees fit. When layoffs do occur, the corporation refuses to recognize the employees' years of service to the organization.

Regarding protection against subcontracting, the employer wants to maintain its authority to contract out certain jobs.

Regarding fairer treatment for term employees, the employer wants it to be more difficult for certain employees to get indeterminate positions. Again, 38% of the staff is temporary.

Regarding salaries and other monetary items, the employer's position is such that employees lag far behind those of other museums in the region. However, the Canadian Museum of Civilization Corporation has recognized from the outset that recruitment and retention are serious problems.

In terms of the overall situation, the striking workers from the Canadian Museum of Civilization and the Canadian War Museum have massively rejected the final offered presented by the Canadian Museum of Civilization Corporation. The workers came together at a meeting and 96% rejected the offer.

After the vote, the Public Service Alliance of Canada informed the Minister of Labour that it would be impossible to reach a negotiated agreement with the Canadian Museum of Civilization Corporation and therefore asked for her direct intervention to settle this dispute without further delay.

The statements made by the Canadian Museum of Civilization Corporation after the vote only confirm to what extent the parties are divided on the issues. Given the length and intensity of the strike, binding arbitration is a reasonable solution to end the dispute.

We are therefore asking the Minister of Labour to provide a reasonable solution by imposing binding arbitration.

Mr. Ed Komarnicki (Parliamentary Secretary to the Minister of Human Resources and Skills Development and to the Minister of Labour, CPC):

Mr. Speaker, I am pleased to have this opportunity to provide further information in response to the question raised by the hon. member for Gatineau, who obviously has an interest in seeing a positive outcome to this matter, as we all do.

The strike at the Canadian Museum of Civilization Corporation has been going on since September 21, when 420 members of the Public Service Alliance of Canada walked off the job.

All members of the House hope that the parties can resolve this dispute soon, and all members, I am sure, would urge the parties to give it their best efforts.

The hon. member for Gatineau would like the minister to intervene further by imposing arbitration. I would remind the House that the Canada Labour Code provides the foundation of labour relations in our country, and part I in particular, outlines the steps that parties, including labour, management and the minister can take in these situations.

Just as important, I would remind the House that this code is a finely balanced piece of legislation that has been refined over the course of several decades by Parliament, with the input and advice of experts who, over the years, have guided various amendments since the original Conciliation Act was passed in the 1900s.

The code is built upon the long tradition of labour legislation and policy to promote common well-being through free collective bargaining and the constructive settlement of disputes. It supports freedom of association and free collective bargaining as the basis of effective industrial relations.

That code balances the interests of both labour and management and, as a result, Canadian labour relations have recently enjoyed a degree of relative stability.

The hon. member for Gatineau would like to have the minister and the government intervene in a way that is not appropriate in this case. The best solution is always for the parties to reach a settlement themselves, assisted as needed by conciliators and mediators.

Under the code the minister has various options. For example, in this case, when given notice that parties failed to renew or revise their collective agreement, she appointed a conciliation officer on July 3.

On August 27 the parties were released from the conciliation process. On that date, the union members voted 92% in favour of strike action.

Once the conciliation process has concluded, the code provides the minister with the authority to appoint a mediator. This was done on August 31.

On September 17 the union gave notice to the employer that it would take strike action on September 21 if a settlement could not be reached.

The settlement was not reached, and the union members of the War Museum and the Canadian Museum of Civilization did indeed begin their legal strike on September 21.

On November 20 the parties agreed to resume bargaining talks with the mediator. However, unfortunately, no settlement was reached.

There is another avenue that remains, and that is arbitration. The parties may agree in writing to refer outstanding issues to an arbiter for binding arbitration and determination. Both sides must, however, agree to go to arbitration. The minister does not have the legal authority to impose arbitration without the consent of both sides. It is clear that in order to refer their outstanding issues to arbitration, the two parties need to come to an agreement.

The strikers have voted to pursue arbitration. The Canadian Museum of Civilization Corporation has indicated it does not wish to go to arbitration, so there is no legislative authority for the minister to get involved in this strike by appointing an arbiter to settle the dispute.

We would again urge the parties to get back to the bargaining table and to use their best efforts to bring in a resolution they can all live with.

Mr. Richard Nadeau:

Mr. Speaker, according to this morning's Le Droit,
The architect of the Canadian Museum of Civilization, Douglas Cardinal, is “appalled” to see how the museums' workers, who have been on strike for 81 days, are being treated.
“Museum workers are guardians of Canadian heritage and the keepers of our national treasures,” he said. “It's absolutely shameful that the museums' management is not in dialogue seeking a mutually harmonious resolution [to the conflict]”.

The internationally renowned architect, now 75, spoke out yesterday in support of the 420 striking employees of the Museum of Civilization and the War Museum.

I wholeheartedly agree with Mr. Cardinal.

The 420 striking workers want the Minister of Labour to keep the strike from dragging on any longer. She must intervene and impose binding arbitration. That is a reasonable solution to put an end to the conflict.

Mr. Ed Komarnicki:

Mr. Speaker, I would like to remind the hon. members of the House that this is a legal strike and that the Minister of Labour has done everything she can to help resolve this dispute.

The Canada Labour Code clearly establishes the roles and responsibilities of the government and the Minister of Labour. In this case, she has exercised every option available to her to help the parties resolve their issues.

Any further involvement by the government would be detrimental to the resolution of this labour dispute. The parties have to work together to reach a settlement. If they cannot achieve such resolution, they could both agree to submit all issues to binding arbitration.

It is clear that acting within her authority, the minister has sought to facilitate a timely and equitable resolution. This is why the minister is urging the parties to go back to the bargaining table and, with the assistance of a mediator, find a solution to this dispute. Everyone in the House would like to see that and it is in the interests of everyone.

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