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: