Monday, December 2, 2019

Message to Horgan: Scrap the CBAs

By Ryan Bruce, BC Government Relations Manager

CLAC members from across British Columbia came together with contractors at the BC legislature in Victoria on November 19 with a simple message: scrap the so-called community benefits agreements (CBAs). They urged Premier John Horgan to do the right thing before any further damage is done.

Introduced last year, the CBA is an exclusionary deal between the provincial government and the Building Trades Unions (BTU) that bars the 85 percent of the workforce who are not BTU members from accessing work on public infrastructure projects. This means that those who choose to be a member of another union or not affiliate with a union have been frozen out of these projects.

“Many of BC’s construction workers would have to change their union membership and put their pension and benefits packages on hold to work on public projects,” says Local 68 member Dawn Rebelo, who is an equipment operator employed by Peace River Hydro Partners Construction Ltd. at the Site C Clean Energy Project. “That isn’t right, and it sure isn’t constitutional for a government to treat workers so unfairly.”

This government has all the evidence it needs to come to its senses and conclude its restrictive CBA is a costly mistake for all British Columbians. It tramples on workers’ rights, jacks up the cost of taxpayer-funded infrastructure projects, and is driving away good contractors.

The big question is, why carry on with such a lousy deal?

BC’s rules for building public infrastructure fall short on every count. Horgan’s deal with his buddies in the BTU hurts not only workers but also taxpayers. Warnings a year ago of higher public costs have come true. Government red tape and restrictive hiring rules are discouraging many highly qualified companies from bidding on public projects.

For example, the first project tendered under the complicated CBA model was the relatively small Illecillewaet Highway expansion project, which saw only 4 companies bid and an increased budget of $22 million, or 35 percent. Over a dozen companies would normally bid on a project like this. It is estimated that the NDP’s favouritism toward the BTU will add $100 million to the cost of the Pattullo Bridge replacement alone.

With fewer bidders, there’s less competition and costs go up. When public tax dollars are squandered in this way, there’s less funding for other needed projects, from hospitals and schools to transit.

Earlier this year, a coalition of BC’s largest construction associations, construction workers, and progressive unions, including CLAC, brought a court challenge against the BC government’s CBA. The challenge argues that the CBA violates the rights of BC’s construction workforce to have equal access to work and be represented by the union of their choice, or not be represented by a union at all. Although the government attempted to have the case thrown out, the BC Supreme Court ruled that the challenge should be allowed to proceed. The case is to be heard in early February.

The reality is that achieving the government’s social objectives doesn’t require leaving thousands of workers out in the cold and the excessive waste of taxpayer dollars created by this deal with the BTU. The basic principles of fair and open tendering and maintaining an inclusive approach to building public infrastructure are the best path to ensuring all British Columbians get a fair chance at gaining employment and training.

CLAC is confident that as we move forward with our legal challenge, the courts will decide this case on its merits and uphold the essential rights and freedoms of Canadians, particularly freedom of association and protection against discrimination. Stay tuned.

Message to Horgan: Scrap the CBAs

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