Effect given to the recommendations of the committee and the Governing Body - Report No 333, March 2004

Case No 2166 (Canada) - Complaint date: 18-DEC-01 - Closed

Effect given to the recommendations of the Committee and the Governing Body

• (Canada/British Colombia)
  23. 23 The Committee examined these cases on the merits at its March 2003 session [see 330th Report, paras. 239-305]. These cases concerned violations of freedom of association principles on collective bargaining in respect of public employees through several pieces of legislation in the health (Bills Nos. 2, 15 and 29) and education (Bills Nos. 18, 27 and 28) sectors.
  24. 24 As regards the education sector, the Committee had recommended that the Government: repeal Bill No. 18; adopt a flexible approach, eventually amending Bill No. 27 to give the parties an opportunity to vary by agreement the working conditions unilaterally imposed by the legislation; and include in the mandate of the commission established under Bill No. 27, the issues raised in connection with Bill No. 28 [330th Report, para. 305(a)(i)-(iv)].
  25. 25 As regards the health and social services sector, the Committee had recommended that the Government: amend the legislation to ensure that workers enjoy adequate compensation measures for the limitation placed on their right to strike; adopt a flexible approach, eventually amending Bill No. 15 to give the parties an opportunity to vary by agreement the working conditions unilaterally imposed by the legislation; and hold full and detailed consultations with representative organizations, with the help of a neutral and independent facilitator, to review the collective bargaining issues raised in connection with Bill No. 29 [330th Report, para. 305(b)(i)-(iii)].
  26. 26 The Committee further requested the Government in future: to respect the autonomy of bargaining partners in reaching negotiated agreements and refrain from having recourse to legislatively imposed settlements; and to hold meaningful consultations with representative organizations when workers’ right of freedom of association and collective bargaining may be affected. Finally, the Committee requested the Government to provide it with judicial decisions concerning pending court challenges in connection with the complaints, and to keep it informed of all developments [330th Report, para. 305(c)-(f)].
  27. 27 In its communication of 8 January 2004, the Government of British Columbia states that to give effect to Bill No. 27, the Minister of Labour appointed an individual to consult with interested parties and recommend terms of reference for the review commission. Based on that report, the Minister appointed, in December 2003, a commissioner who will consult with groups in the education sector and review procedures in other jurisdictions to recommend procedures for a new collective bargaining arrangement. It is anticipated that the commissioner will complete his work by the fall of 2004. Although the Committee on Freedom of Association had recommended to include the issues raised in connection with Bill No. 28 in the mandate of the commission, the individual who framed the terms of reference for the review commission deliberately omitted the scope of bargaining issues from said terms. For the Government, the commission will be in a better position to develop a new collective bargaining process if the divisive and inflammatory issues concerning the scope of bargaining are not directly addressed at this time.
  28. 28 The Government also mentions that it had reached with the association of unions in the facilities subsector of the health sector a tentative agreement that provided clear limits on the number of non-clinical health-care positions that could be contracted out under the provisions of Bill No. 29; however that tentative agreement was rejected by the members of the unions in votes held in May 2003.
  29. 29 Lastly, the Government provides a copy of a judgement of the B.C. Supreme Court upholding the constitutionality of Bill No. 29 The health sectors unions have obtained leave to appeal to the B.C. Court of Appeal but have taken no further steps in this respect.
  30. 30 The Committee takes note of this information. It requests the Government to keep it informed of steps taken to implement the recommendations made when it examined the merits of these complaints at its March 2003 session. The Committee requests the Government to continue to keep it informed on the conclusions of the review commission established under Bill No. 27, and on the outcome of judiciary proceedings filed in connection with the complaints.