lEGISlATIVE ASSEMBlY OF MANITOBA THE STANDING COMMITTEE ON INDUSTRIAl RElATIONS Wednesday, March 14, 1990 TI ME - 8 p.m . Bi ll No . 47- Th e Dependants Relief Act LOCA TION - Winnipeg, Manitoba Bi ll No. 48- Th e Intestate Succession and Conse quential Amendments Act CHAIRMAN - Mr. Parker Bu rrell (S wan River) Bi ll No . 50- Th e Wills Amendment Act Mr . Edward Helwer (G imli) at 0047 Bi ll No. 51-Th e Marital Property ATTE NDANCE - 11 - QUOR UM - 6 Amendment Act Members of the Committee present: Bi ll No. 52- Th e Family Maintenance Hon. Messrs. Connery, Derkach, Downey, Amendment Act Hon. Mrs. Hammond • Substituting for Mr. Steve Ashton, Mr. Harry Messrs. Ashton, Burrell, Cowan, Edwards, Ms. Harapiak Hemphill, Messrs. Kozak, Patterson APPEARING: Bi ll No. 31- Th e labour Relations Am endment Act Hon. Harry Enns, Minister of Natural Resources • Substituting for Hon. Leonard Derkach, Hon. James McCrae, Minister of Justice and Hon. Albert Driedger Attorney General • Substituting for Hon. James Downey, Hon. Mr. Kevin Lamoureux, MLA for lnkster Bonnie Mitchelson • Substituting for Hon. Edward Connery, MA TTERS UN DER DISC USSI ON: Hon. James Downey Bill No. 31-The Labour Relations • Substituting for Mr. Allan Patterson, Mr. Amendment Act Gulzar Cheema Bill No. 47-The Dependants Relief Act • Substituting for Hon. Bonnie Mitchelson, Bill No. 48-The Intestate Succession and Hon. Jack Penner Consequential Amendments Act Bi ll No. 57- Th e Pension Be nefits Bill No. 50-The Wills Amendment Act Amendment Act Bill No. 51-The Marital Property Amendment Act Bi ll No . 80- Th e Civil Service Superannuation Amendment Act Bill No. 52-The Family Maintenance Amendment Act Bi ll No. 56- Th e Workers Compensation Bill No. 56-The Workers Compensation Amendment Act (2) Amendment Act (2) • Substituting for Hon. Gerrie Hammond, Bill No. 57- The Pension Benefits Hon. Edward Connery Amendment Act • Substituting for Mr. Gulzar Cheema, Ms. Bill No. 80-The Civil Service Superannuation Avis Gray Amendment Act • Substituting for Mr. Richard Kozak, Mr. Bill No. 101-The Statute Re-enactment and Allan Patterson By-law Validation (Municipal) Act • Substituting for Ms. Maureen Hemphill, Ms. Judy Wasylycia-Leis • Substituting for Hon. Glen Cummings, Hon. Albert Driedger Mr. Chairman: Bi ll No . "101- Th e Statute Re-enactment and Order, please. I call the Standing By -law Validation (M unicipal) Act Committee on Industrial Relations to order. This evening, the committee will be resuming clause-by­ • Substituting for Hon. James Downey, Hon. clause consideration of Bills 31, 57 and 80. James McCrae • Substituting for Mr. Jay Cowan, Mr. Elijah Bill NO. 31-THE LABOUR RELATIONS Harper AMENDMENT ACT • Substituting for Hon. Edward Connery, Hon. Gerrie Hammond Mr . Chairman: When the committee rose last night, * Substituting for Mr. Allan Patterson, Mr. it had been considering Bill 31 and we shall now resume Laurie Evans consideration of that Bill. What time did the committee 496 Wednesday, March 14, 1990 wish to sit until this evening, or is that a -(interjection)­ Mr. Chairperson. I believe that after many weeks of by leave, Mr. Cowan. discussing this Bill, we move on and discuss it clause by clause. If the Member for Churchill (Mr. Cowan) feels Mr. Jay Cowan (Churchill): Yes , Mr. Chairperson, I otherwise, and obviously he does, let us vote on it, but think we are seeing a dynamic process here that usually let us get going. accompanies the latter days of a Session, which means that we do sit later than we would normally sit, so I Mr. Chairman: Okay, now what is the will of the would like to leave open the opportunity to keep this committee? We have heard from this side of the table, committee in tune with what is happening with the other we have heard from this side of the table. Everybody committees and the House generally, and it may be a has had a chance to express their views, what do you late evening. say we get on with the business -(interjection)- okay, is that the will of the committee? Okay. We will be Mr. Paul Edwards (St. James): Just one comment, starting with Bill 31, Clause 1-Mr. Cowan. Mr. Chairperson, I know that there are other Bills before this particular committee. I do trust that given this is Mr. Cowan: On Clause 1, Clause 1 states, Mr. only five sections, I realize it is a very controversial Bill, Chairperson, that The Labour Relations Act is amended I concur with the Member for Churchill (Mr. Cowan). I by this Act, and I think it is the proper context, the do hope that we can expeditiously deal with this proper point and the proper time to put into the overall particular piece of legislation, although we will have to context, and the overall framework, what it is we are wait and see. I simply put that out after this long drawn discussing this evening. out process we have been through. We are discussing an amendment to The Labour Mr. Steve Ashton (Thompson): We could have finished Relations Act through Bill 31 that will take away from our deliberations yesterday, if the Liberals had workers a new and innovative tool, mechanism, for supported our amendment. I just want to assure the collective bargaining, which according to the comments Member for St. James (Mr. Edwards) that after having that we have heard over the last number of weeks has spent a considerable amount of time on this Bill, I think resulted in the prevention of strikes that were he should anticipate that we will be speaking further unnecessary, but were being precipitated by the tonight, and we could be here for awhile. It will depend unwillingness of one party or another to sit down and largely on the process. In fact, we hope that the Liberal negotiate reasonably. Members will be speaking tonight; that might have a It has limited the length of strikes under similar factor in how late we sit. We would like to hear from circumstances. It has stopped the type of economic them tonight. warfare and strife and disruption to communities, families and workplaces that have resulted because of Mr. Cowan: Perhaps, Mr. Chairman, we would want the unreasonableness of one party or another. Final to deal with the other Bills first. offer selection is a vehicle by which both employers and employees in this province have benefitted through Mr. Chairman: What is the will of the committee? Mr. being able to negotiate contracts that would otherwise Edwards? be irreconcilable. * (2005) Throughout the course of this debate we have seen the Liberals and the Conservatives pay homage to their Mr. Edwards: I would suggest that, seeing we had corporate friends. We have seen the Liberals led by started this process the last time this committee an arrogant, egotistical, right-wing labour critic, snap adjourned, in fact, I believe we had just gone into the whip on his entire caucus, force them into lying Section 1, we finish off this Bill. It is high time we did. even though we know from personal conversations with him that not all of them agreed with this approach, not Mr. Chairman: What is the will of the committee? all of them wanted to see this innovative vehicle and mechanism and tool taken away from workers, not all Mr. Cowan: Mr. Chairman, I appreciate the eagerness of them wanted to see final offer selection repealed of the liberal Party, led by their right-wing Labour Critic, but, no, because of a campaign promise, an ill­ to squash workers' rights in this province as fast and considered, ill-thought-out, ill-advised campaign as expeditiously as they can. promise by their Leader and by the right-wing tendencies of their labour critic, they have pushed on However -(interjection)- yes, you will hear it quite and on and on trying in all instances, not only tonight, often, to Mr. Patterson, this evening. The right-wing but when they first spoke in this debate. to rush Labour Critic and his band of marionettes, the Liberal headlong into the repeal of final offer selection so that Caucus. are in an eager hurry to squash workers' rights they could pay off a political debt to their corporate in this province. I would suggest that if they are worried sponsors. about the other Bills. because there will be discussion on final offer selection, we could bring the other Bills Mr. Chairperson. we have been amazed by the total forward first, dispense with them quite quickly, and illogic lack of consistency and arrogant way in which then have only one iiem ahead of us. all Liberal Members have dealt with this Bill from the very first time it was ihtroduced in this House. We recall Mr. Edwards: There are many words I could use to the labour critic standing up on his first introduction explain and describe the dribble we have just heard, to the Bill and laying out a list of reasons why he thought 497 Wednesday, March 14, 1990 the Bill had been ill-conceived in the first instance and sucked in by the likes of their Labour Critic. The public why fina! offer selection should be repealed. sees through the smokescreen. They see through the seam. They see through the con job that the Liberal * (2010) Party is trying to foist upon the people of Manitoba. They see very clearly that they do not want an We have looked at the studies on final offer selection, independent study. They want a quiet, nice, neat way and they have proven him to be wrong from an to kill final offer selection without having to take a stand.