ADAM OLSEN -- It's time for us to have an honest and relevant discussion about the issues around the labour market, nature of work, and the workforce
Following the recommendations of an expert panel the BC NDP government
is updating the labour relations code. The B.C. Green Caucus appreciates the
work of the panel and supports their recommendations.
In my second reading debate, I highlight the B.C. Green Caucus effort to
address the issue of the historical pendulum swings in labour relations in
British Columbia. The panel was clear that policy lurch is not in the interest
of employers or employees. They stated emphatically in the executive summary
that policy driven by the ideology of the political party in power hurts
business competitiveness and upsets balance, certainty and predictability.
In addition, I spend a majority of my time in this debate discussing the
changing nature of work and remuneration in the 21st century. This goes
hand-in-hand with the issue of policy lurch highlighted above. We cannot
adequately address these modern problems with solutions from the last century.
It's time for us to have an honest and relevant discussion about the issues
around the labour market, nature of work, and the workforce.
Successorship
The broad issues dealt with in the legislative update cover four main
areas. First, I want to highlight the extension of successorship protection to
the re-tendering of contracts in building cleaning, janitorial, security, bus
transportation, non-clinical (healthcare) and food services. This is an
excellent change that protects people who are vulnerable to contract flipping.
Certification
For union certification the bill maintains the current secret ballot
method that is in place. It gives the Labour Relations Board broader discretion
to impose union certification when an employer is found to improperly interfere
with the certification process. In addition, they have shortened the time
between the application and union certification vote from ten to five business
days.
Raids
With respect to union raids the new legislation modifies the open
periods when unions can raid each other. The current legislation allows for
raids to occur in the seventh or eighth month of each year of the collective
agreement. The amendments will amend the period of raids as follows:
For collective agreements of three years or less, raids may occur in the
seventh or eighth month of the last year of the agreement,
For collective agreements of more than three years, raids may occur in
the seventh or eighth month of the third year of the agreement, and in each
subsequent year, and
In the construction sector, however, it will allow raids to continue in
July and August of each year, rather than the seventh or eighth month in later
years of the agreement.
Education
Finally, this Labour Relations Code update removes references to
educational programs as “essential
services” in recognition of the 2015 Supreme Court of Canada ruling. It stated that the right to strike is
constitutionally protected, and that essential services are limited to a “clear and imminent threat to the life,
personal safety or health of the whole or part of the population.”
As a result, the Labour Relations Board will continue to have discretion
to establish essential services in the education sector if a dispute poses a
threat to the health, safety or welfare of the residents of B.C.
I feel that the B.C. Green Caucus has had a stabilizing effect on labour
relations in this round of legislative updates and the result is this moderated
Bill. Certainly, not everyone will get everything they want but it addresses
some substantial issues.
Finally, if there is a change in government in the future it's very
unlikely that we will see a similar situation as we have seen in the past where
they rip up the legislation and swing in the opposite direction.
For playback of the Hansard Video, by Adam Olsen, CLICK HERE:
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