Food services were expanded and re-tendered for Rogers Arena in Vancouver, ending a union contract with 750 employees in 2014. Labour Minister Harry Bains uses this as an example to make union terms automatic when services change hands. (Wikimedia Commons)

Food services were expanded and re-tendered for Rogers Arena in Vancouver, ending a union contract with 750 employees in 2014. Labour Minister Harry Bains uses this as an example to make union terms automatic when services change hands. (Wikimedia Commons)

B.C. NDP using ‘sledge hammer’ on contract employers, business group says

Labour code expands union succession rights for food, security, janitorial, bus services

Fourth in a series on proposed changes to B.C.’s labour code.

The B.C. government’s plan to expand union succession protection to a wide range of private sector contracted services is an “extraordinary” 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.

“We’re concerned about the impact, which I think could be fairly far-reaching,” Finlayson said in an interview with Black Press.

“For businesses that contract out for services, and a lot of them do, it’s 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 that’s a fairly big change from what they’ve been used to.”

READ MORE:

B.C. unions expect membership gains from labour code changes

Kids under 16 can keep working for now, labour minister says

B.C. union rules could create ‘battle zone’ in big construction

B.C. NDP keeps secret ballot for union certification votes

The B.C. government has repeatedly pointed to “contract flipping” 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.

“If 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,” Finlayson said. “If there is a real problem, the way to deal with that is through targeted measures.”

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 “often vulnerable” and need more protection.

He said the labour code changes are designed to ensure that all union agreements carry over when contracts change.

“What it does is say the new contractor steps into the shoes of the old contractor,” Bains said. “If that means preserving a collective agreement, a certification and employment, that’s the intent.”

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.

“Lots of organizations, instead of building up their own IT departments, contract out for those services, and use a firm like Accenture or IBM, somebody who’s an expert,” Finlayson said. “Cabinet could wake up one day and decide to add contracted IT services. That would get a lot of attention from employers.”

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.


@tomfletcherbc
tfletcher@blackpress.ca

Like us on Facebook and follow us on Twitter.

BC legislature

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

The Salvation Army is open for applications for their Christmas hamper program on Nov. 30, and applications are due by Dec. 12. (Chilliwack Progress file photo)
Christmas hamper application process starts in Chilliwack

Hampers available for individuals and families who apply before Dec. 12

The Abbotsford Police Department is investigating a shooting on Adair Avenue on Saturday night. (Photo by Dale Klippenstein)
Drive-by shooting in Abbotsford targeted home with young children, police say

Investigators believe home was mistakenly targeted by assailants

Menno Place. (Google Street View image.)
Abbotsford care home looks to hire residents’ family members amid COVID-19-related staff shortage

Family would get paid as temporary workers, while having chance to see loved ones while wearing PPE

Trustees Darrell Furgason (right) and Barry Neufeld at a January 2019 board meeting. (Chilliwack Progress file)
Chilliwack trustee responds to teachers’ call for censure

Furgason: ‘Unions exist to make demands from an employer for their members’

Morning mist clears over the Hope Slough at Camp River Road on Sunday, Nov. 29, 2020. (Jessica Peters/ Chilliwack Progress)
WEATHER: Sunny skies in the forecast for Chilliwack and Abbotsford

Rain and wind expected Sunday night through Monday morning, then clear skies

(Dave Landine/Facebook)
VIDEO: Dashcam captures head-on crash between snowplow and truck on northern B.C. highway

Driver posted to social media that he walked away largely unscathed

Black Press Media and BraveFace have come together to support children facing life-threatening conditions. Net proceeds from these washable, reusable, three-layer masks go to Make-A-Wish Foundation BC & Yukon.
Put on a BraveFace: Help make children’s wishes come true

Black Press Media, BraveFace host mask fundraiser for Make-A-Wish Foundation

A Canadian Pacific freight train travels around Morant’s Curve near Lake Louise, Alta., on Monday, Dec. 1, 2014. A study looking at 646 wildlife deaths along the railway tracks in Banff and Yoho national parks in Alberta and British Columbia has found that train speed is one of the biggest factors. THE CANADIAN PRESS/Frank Gunn
Study finds train speed a top factor in wildlife deaths in Banff, Yoho national parks

Research concludes effective mitigation could address train speed and ability of wildlife to see trains

A airport worker is pictured at Vancouver International Airport in Richmond, B.C. Wednesday, March 18, 2020. THE CANADIAN PRESS/Jonathan Hayward
Canada extends COVID restrictions for non-U.S. travellers until Jan. 21 amid second wave

This ban is separate from the one restricting non-essential U.S. travel

Langley RCMP issued a $2,300 fine to the Riverside Calvary church in Langley in the 9600 block of 201 Street for holding an in-person service on Sunday, Nov. 29, 2020, despite a provincial COVID-19 related ban (Dan Ferguson/Black Press Media)
Updated: Langley church fined for holding in-person Sunday service

Calvary church was fined $2,300 for defying provincial order

(File photo)
Vancouver police warn of toxic drug supply after 7 people overdose at one party

Seven people between the ages of 25 to 42 were taken to hospital for further treatment.

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

A man walks by a COVID-19 test pod at the Vancouver airport in this undated handout photo. A study has launched to investigate the safest and most efficient way to rapidly test for COVID-19 in people taking off from the Vancouver airport. The airport authority says the study that got underway Friday at WestJet’s domestic check-in area is the first of its kind in Canada. THE CANADIAN PRESS/HO, Vancouver Airport Authority *MANDATORY CREDIT*
COVID-19 rapid test study launches at Vancouver airport for departing passengers

Airport authority says that a positive rapid test result does not constitute a medical diagnosis for COVID-19

114 Canadians were appointed Nov. 27 to the Order of Canada. (Governor General of Canada photo)
Indigenous actor, author, elder, leaders appointed to Order of Canada

Outstanding achievement, community dedication and service recognized

Most Read