Sunday, September 1, 2024

Healthcare versus Construction

When it comes to bargaining, grievances, and other issues, the differences between healthcare and construction are vast

By Sonya Dean, Representative

CLAC is a multitrade union that represents workers in a variety of sectors including construction, healthcare, manufacturing, and many more. If you have had an opportunity to discuss your work with people in other sectors, you will likely have concluded that the work of the healthcare members, stewards, and union representatives is very different from other sectors.

I have had experience as a representative in all three sectors and have witnessed these differences in everything from bargaining to grievances to workplace culture to the underlying issues that shape the context and application of the work performed by members in these sectors.

Bargaining

When it comes to bargaining, perhaps the most significant difference between the construction and healthcare sectors is the Hospital Labour Disputes Arbitration Act. Under this legislation, most healthcare professionals are not permitted to strike should the parties be unable to come to a freely bargained collective agreement.

There are a few exceptions to this legislation, but most members are impacted by this very pattern-driven arbitration system. Employers are reluctant to break from the pattern, and often there is little incentive for them to do so. A frustration that many participants on union bargaining committees experience is that sometimes the employer is unable to make decisions at the bargaining table because of the bureaucratic structure of their workplace.

In contrast, bargaining in construction is driven by a free market, supply and demand economic relationship. This means that employers pay wages in competition for a limited workforce.

One of the most significant factors in construction bargaining is the rate of inflation. The 12-month rolling average for the consumer price index is often used as a data point for both the employer and the union. The employer is not dependent on the government for funding, and thus it has control over how it spends its money, unlike the envelope funding system of healthcare.

The people at the bargaining table are often the owners, and they can make their own decisions. It is rare that the parties do not come to a negotiated settlement. There are different possibilities when they come to a stalemate. The lockout and strike are tools that the employer and union can access to persuade the other side to come to a settlement.

Grievances

There is no question that there are many more grievances filed in healthcare compared to construction. The top grievances in healthcare relate to scheduling, postings, and policy and pay errors. It is a very seniority-driven sector, and it is one of the few benefits members receive because of their commitment to their workplace.

Members often are frustrated when an employer does not respect seniority, whether inadvertently or intentionally. Grievances are often followed strictly through the language of the agreement. Far too often, the sides end up on the path to arbitration.

When grievances are filed in construction, they are often for discipline, including termination. There are no schedule and posting grievances.

Construction is not a 24/7 workplace. Although that does happen, it isn’t the norm. The nature of the grievances reflects the workplace structure, the financial flexibility, and the economic power that members hold.

Seniority impacts layoff and recall in construction but little else in terms of access to work and compensation. A construction member can more easily find well-paying work elsewhere, which incentivizes the employer to resolve differences before they end up in conflict.

Issues

The primary issues underlying healthcare and representing healthcare workers are low wages, working short, and workplace violence. CLAC continues to lobby the Ontario government for increased funding.

Our efforts over the past several years have directly resulted in increased funding in long term care for personal care. We continue to advocate for changes to the interest arbitration process and permanent wage enhancements for all classifications.

At our National Convention last year, we made a commitment to prioritize workplace violence in healthcare to communicate, advocate, and educate the public and the government and to push for reforms to help protect healthcare workers.

In contrast, the pressing concerns in construction are access to work, free and open tendering, and the ever-growing opioid crisis. CLAC has an Alcohol and Drug Case Management Team that supports workers facing addiction, connecting them with treatment professionals and providing them with care plans so they can return to work.

We have successfully lobbied municipal governments to end the restriction on only certain unions having access to publicly funded work. We also continue to educate and advocate for a review of community benefit agreements that place strict restrictions and qualifiers on work, often created to exclude nonunion workers and members of unions such as CLAC.

While there are many differences in representation of healthcare and construction members, the common element is the desire to make all workplaces inclusive and fair. We strive to represent all members so they feel respected and have dignity at work. We all deserve to go home and know that we are valued.

Healthcare versus Construction

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