Thursday, October 6, 2022

Government-Sponsored Workplace Conflict

The NDP government’s Bill 10 includes some positives for workers—but creates a yearly open season for CLAC-represented work sites

Guide Magazine

By Kevin Kohut, BC Director

While BC’s construction, pipeline, and mining sectors continue to provide many work opportunities for members throughout the province, the NDP government’s recent passing of Bill 10 (BC Labour Relations Code Amendment Act, 2022) caused some disruption for members this past summer. And it will continue to do so every summer.

On the positive side, the bill makes union organizing easier. When 55 percent of workers sign union cards, the BC Labour Relations Board will now automatically certify the union as their bargaining agent. Where fewer than 55 percent of employees but at least 45 percent sign union cards, the board will order a vote. Prior to Bill 10, certification only followed after the majority of employees voted in favour of union representation in a secret-ballot vote.

On the negative side, the bill allows workers in the construction industry to switch unions every year in July and August, regardless of the length of the collective agreement. This led to some upheaval during the peak summer working months as unions attempted to sway workers to leave CLAC and join them instead. Most of this raiding activity is directed at CLAC-organized workplaces because the Building Trades Unions are not allowed to raid each other.

Since our founding in 1952, CLAC has been a strong proponent of freedom of association. The previous law allowed workers to choose to switch unions once every three years if they were unhappy with their representation. The switch to allow raiding every year will only result in constant distraction and disruption on CLAC-represented work sites every summer. Rather than furthering efforts to organize new workers in need of union representation, this change in legislation will instead focus efforts on defending or taking over existing union members.

It’s no secret that the NDP government is strongly backed by the Building Trades Unions and other traditional unions. They’ve supported the NDP’s election efforts with millions of dollars in political donations. Bill 10 is clearly payback for their financial support.

Consider the recent $2.8 billion Surrey Langley SkyTrain expansion project. This project will be performed under a community benefits agreement (CBA) that requires all workers to be a member of one of the Building Trades Unions. CLAC-affiliated contractors and nonunion workers are completely shut out of all public, taxpayer-funded work that falls under this type of CBA.

Healthcare, Service, and Transportation News

Many healthcare workplaces are now allowing your representatives to access facilities for the first time since the beginning of the pandemic. We are pleased to be able to meet with you once again in person. We’re also pleased that the government’s wage-levelling program continues to subsidize and help many members working in healthcare.

Bargaining for the 1,600 members employed by Canucks Sports & Entertainment will begin in October, with all increases applied retroactively. Issues of wages and benefits threshold are expected to be at the forefront of the conversation.

Inflation and a shortage of workers continue to plague not only the construction industry, but also the transportation sector. CLAC recently held its first transportation industry meeting to address driver shortages, recruitment and retention, training, and specifically the Mandatory Entry-Level Training (MELT) program, which is cost-prohibitive in BC.

MELT costs approximately $16,000. The average age of a professional driver in Canada is 58 years old, and the cost of the MELT program is a significant deterrent to attracting a younger demographic.

Government-Sponsored Workplace Conflict

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