The B.C. Supreme Court has declined to hear an application by independent contractors and unions challenging the B.C. governmentB次元官网网址檚 union hiring restrictions on public construction projects.
The lawsuit challenges the NDP governmentB次元官网网址檚 requirement that project workers have to join one of 19 designated building trades unions to work on major projects, so far including Highway 1 widening work east of Kamloops, replacement of the Pattullo bridge from New Westminster to Surrey and the Broadway subway line in Vancouver.
The B.C. Building Trades Council, representing traditional trade unions that benefit from the NDP governmentB次元官网网址檚 agreement, said itB次元官网网址檚 the second time a B.C. court has directed the dispute to the B.C. Labour Relations Board.
The decision means B次元官网网址渢heir criticisms do not rise to the level of issues heard by the court,B次元官网网址� Andrew Mercier, executive director of the B.C. Building Trades, said in a statement.
85% of BC construction sector opposes BCB次元官网网址檚 CBA. ThatB次元官网网址檚 why we are commencing a Charter challenge of this harmful policy
B次元官网网址� Paul de Jong (@PauldeJong10)
The case was brought by Canada West Union and the Christian Labour Association of Canada (CLAC), which represents 14,000 trades people in B.C., and members of the Progressive Contractors Association of Canada. The legal challenge also includes the Independent Contractors and Business Association (ICBA) and the Vancouver Regional Construction Association (VRCA).
Mercier said MondayB次元官网网址檚 B.C. Supreme Court ruling is the latest of similar results in a series of challenges to what the B.C. government calls B次元官网网址渃ommunity benefits agreementsB次元官网网址� that restrict hiring to 19 mostly U.S.-based unions.
B次元官网网址淭he Merit Contractors Association, which is affiliated with the ICBA through Merit Canada, challenged Manitoba HydroB次元官网网址檚 union membership policy in 2012,B次元官网网址� the B.C. Building Trades statement says. B次元官网网址淭he case was dismissed by Queens Bench of Manitoba and again on appeal.B次元官网网址�
Former premier Christy Clark directed B.C. Hydro to build its Site C project as an open shop, with large portions of the work going to CLAC and affiliated contractors. It was the first hydro project not to be subject to a union benefits agreement with the B.C. Building Trades.
In 2018, the John Horgan government set up a new corporation called to administer the B次元官网网址渃ommunity benefits agreementB次元官网网址� for the three projects. Running to more than 300 pages, the agreement details union hiring, a new administration fee on hourly pay, and dues collection, requiring employees to join one of the designated unions within 30 days on the job.
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On the fourth phase of Kicking Horse Canyon widening project for Highway 1, B.C. Infrastructure Benefits estimates the union agreement will add $35 million to the cost.
B次元官网网址淎s an association that represents both union and open-shop companies, we know this government policy not only shuts out the majority of the construction workforce but also offloads significant risk to contractors,B次元官网网址� VRCA president Fiona Famulak said. B次元官网网址淭his, together with the bureaucracy thatB次元官网网址檚 been created to administer this antiquated labour model, unnecessarily inflates the costs of public projects by tens of millions of dollars that ultimately will be paid for by B.C. taxpayers.B次元官网网址�
tfletcher@blackpress.ca
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