Fourth in a series on proposed changes to B.C.B次元官网网址檚 labour code.
The B.C. governmentB次元官网网址檚 plan to expand union succession protection to a wide range of private sector contracted services is an B次元官网网址渆xtraordinaryB次元官网网址� state intervention into the open market for labour, the Business Council of B.C. says.
BCBC chief policy officer Jock Finlayson said the automatic transfer of union contracts for food services, security, building maintenance and bus transportation is the main objection of employers in the Labour Relations Code overhaul that is now before the B.C. legislature.
B次元官网网址淲eB次元官网网址檙e concerned about the impact, which I think could be fairly far-reaching,B次元官网网址� Finlayson said in an interview with Black Press.
B次元官网网址淔or businesses that contract out for services, and a lot of them do, itB次元官网网址檚 going to substantially remove the competition in the market for contracted services. So competition and choice for those who outsource these services are going to be substantially curtailed as a result of these provisions, and I think a lot of organizations are going to wake up and realize thatB次元官网网址檚 a fairly big change from what theyB次元官网网址檝e been used to.B次元官网网址�
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The B.C. government has repeatedly pointed to B次元官网网址渃ontract flippingB次元官网网址� by operators of senior care facilities, some of which have seen multiple ownership changes that force employees to reapply for work and accept pay and benefits that may be reduced. Finlayson said the extension into private sector services will likely drive up costs across a large swath of the economy.
B次元官网网址淚f there are examples of particular abuses or practices that a reasonable person would view as unacceptable, and those things do exist out in the marketplace, then the appropriate remedy is not to bring a sledge hammer down and try to take the competitive forces in contract provision out of the market,B次元官网网址� Finlayson said. B次元官网网址淚f there is a real problem, the way to deal with that is through targeted measures.B次元官网网址�
Labour Minister Harry Bains said employees in food services, janitorial, security and bus transportation, as well as non-clinical health services like care aides, are B次元官网网址渙ften vulnerableB次元官网网址� and need more protection.
He said the labour code changes are designed to ensure that all union agreements carry over when contracts change.
B次元官网网址淲hat it does is say the new contractor steps into the shoes of the old contractor,B次元官网网址� Bains said. B次元官网网址淚f that means preserving a collective agreement, a certification and employment, thatB次元官网网址檚 the intent.B次元官网网址�
The change is one of two areas where the NDP government went against the recommendations of it panel of business and union experts, which held hearings around the province last year. The other area is union raid provisions in construction, where the legislation reinforces the ability of unions to stage membership raids every summer.
Bains used the example of food services at Rogers Arena in Vancouver, which were re-tendered when Canucks Sports and Entertainment made a new deal in 2014 with Philadelphia-based Aramark Corp. to expand food and beverage offerings.
The move terminated the employment of 750 people who work at hockey games, concerts and special events. It was disputed by Unite Here Local 40, whose employees were making $13 to $17 per hour in serving jobs where they receive tips, and $18 to $21 an hour in the kitchen. The employees had to reapply.
Finlayson said successorship legislation also leaves room for the B.C. cabinet to add other areas of the contract work economy as it sees fit. He gave the example of information technology contractors.
B次元官网网址淟ots of organizations, instead of building up their own IT departments, contract out for those services, and use a firm like Accenture or IBM, somebody whoB次元官网网址檚 an expert,B次元官网网址� Finlayson said. B次元官网网址淐abinet could wake up one day and decide to add contracted IT services. That would get a lot of attention from employers.B次元官网网址�
He said many employers are not yet aware of the effects of changes expected to take effect when the legislation passes by the end of May.
The B.C. Green Party objected to removing a secret ballot from union certification votes, forcing Bains to drop that idea and follow the advice of the expert panel to keep secret-ballot votes. Green MLAs have been lobbied to oppose other parts of the NDP bill as well, before it becomes law by May 30.
tfletcher@blackpress.ca
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