Contract employees build soil conveyor for Site C dam in northeast B.C., spring 2019. Site C was B.C. Hydro’s first “open-shop” construction site, a point of contention between the previous B.C. Liberal government and the current NDP government. (B.C. Hydro)

B.C. union construction dispute directed to Labour Relations Board

Building Trades celebrate as B.C. Supreme Court declines case

The B.C. Supreme Court has declined to hear an application by independent contractors and unions challenging the B.C. government’s union hiring restrictions on public construction projects.

The lawsuit challenges the NDP government’s 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 government’s agreement, said it’s the second time a B.C. court has directed the dispute to the B.C. Labour Relations Board.

The decision means “their criticisms do not rise to the level of issues heard by the court,” Andrew Mercier, executive director of the B.C. Building Trades, said in a statement.

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 Monday’s B.C. Supreme Court ruling is the latest of similar results in a series of challenges to what the B.C. government calls “community benefits agreements” that restrict hiring to 19 mostly U.S.-based unions.

“The Merit Contractors Association, which is affiliated with the ICBA through Merit Canada, challenged Manitoba Hydro’s union membership policy in 2012,” the B.C. Building Trades statement says. “The case was dismissed by Queens Bench of Manitoba and again on appeal.”

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 B.C. Infrastructure Benefits to administer the “community benefits agreement” 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.

RELATED: Contractors, unions in court against B.C. union-only construction

RELATED: Cost jumps 35% for Revelstoke highway widening project

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.

“As 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,” VRCA president Fiona Famulak said. “This, together with the bureaucracy that’s 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.”


@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

Nanaimo Airport’s $14-million expanded terminal officially opens

Departure lounge, security and baggage areas improved

Pair of Western Forest Products mills remain idle after exhausting strike

WFP claims log supply, markets to blame for continued idling at Ladysmith and Cowichan Bay

Heritage shines along with the sun during Ladysmith Heritage Week

Waterfront event showcases some of the machinery that helped make Ladysmith what it is

Robinson celebration of life now at Mellor Hall

Cowichan Exhibition Grounds site picked due to the need for more space

Kiss the Moon, Kiss the Sun, starts show run at Ladysmith Little Theatre

Kiss the Moon, Kiss the Sun will run from March 5 to March 22

Two law enforcement trucks ‘deliberately’ set on fire in northern B.C., RCMP say

Police say they have video evidence of a person in the area of the truck fires

B.C. mother, daughter return home after coronavirus quarantine in Asia

Jensine Morabito and her daughter were on Holland America’s Westerdam but did not catch the virus

Leap Year means we get an extra day in February, so how are you spending it?

People online have a number of suggestions and plans on how they will be spending Saturday

Greta sticker that drew outrage in Alberta not child pornography: RCMP

X-Site Energy Services has denied having anything to do with the stickers

Bald eagle hit by train in northern B.C. has a chance of survival

The raptor has been taken to OWL in the Lower Mainland for recovery

Cheslatta Carrier Nation and Rio Tinto sign a historic agreement

Co-operation crucial to stem dropping Nechako Reservoir level

Hundreds of B.C. firefighters ‘climb the wall’ for BC Lung Association

The charity fundraiser saw participants climbing up 48 storeys

Stories of sexual assault at B.C. tree planting camps ‘shocking but not surprising:’ advocate

Contractors’ association is working with trainers to create respectful culture

Most Read