April
27, 2004
Hospital
Strike - Arbitration?
During
the last election campaign, in an interview with the Hospital
Employees' Union's newspaper, Gordon Campbell said he would
not break contracts. He promptly broke that promise and used
his legislative power to strip provisions out of the agreement
that the union first negotiated in the days of W.A.C. Bennett.
There has been a war of words between the government and HEU
ever since. The current strike stems in large part from that
ill will combined with demands for even more contract concessions.
On VI TV's weekly political affairs program, "Right On",
conservative commentator Norman Spector observed that the
Campbell government is reaping what it sowed in the hospital
strike. The government will do everything possible to escape
that image and to try to capture both political advantage
and large financial savings from the strike. Finance Minister
Gary Collins probably knows how many millions he "saves"
every day as wait lists grow longer and patients suffer.
When the
government senses, or determines through polling, that the
public has had enough, it will move with legislation to end
the strike and impose a "contract". Campbell can
be expected to plead that public policy must be set by the
government, not by the union. He will probably attempt to
tie NDP leader Carole James to the union in a cynical bid
to improve his polling numbers. James is a step ahead of him.
On April 26, in an interview on the Rafe Mair show on AM 600,
James said that she would legislate an end to any strike that
threatened public health or safety. She also said that under
an NDP government, negotiations would start from where the
parties are at the time, not from restoring all of the contract
provisions that were changed since 2001.
When the
BC Ferry & Marine Workers took job action, the dispute
was resolved through acceptance of binding arbitration. Governments
don't like binding arbitration because they cannot control
it. The Campbell government used its legislative power to
overturn an arbitrated settlement with BC's doctors. Many
suspect that the only reason it agreed to arbitration with
the ferry workers is because they couldn't take the chance
that key engineering staff would resign. In the case of the
hospital strike, there can be little doubt that the Campbell
government is considering legislation that will impose the
employer's last offer. Legislation like that would involve
a gamble that large numbers of hard to replace skilled workers
would not resign in disgust. The government whip once referred
to HEU members as nothing but toilet cleaners; however, the
union represents a large variety of workers, including perfusionists,
renal dialysis technicians and licensed practical nurses.
When the
NDP legislated an end to the school support workers' strike
in April 2000, its legislation provided for the appointment
of an industrial inquiry commission, and it made the decision
of the commission binding on the employer and the union. A
similar approach was taken by the Campbell government in 2003
with its Coastal Forest Industry Dispute Act. Imposing the
recommendation of a third party is not as constructive as
freely negotiating an agreement, but it is an acceptable way
to resolve disputes. Imposing the employer's last offer is
not acceptable, and it is not "sustainable". Legislatively
imposed contract terms are what created the current bitterness.
It will be very difficult for managers in the health system
to get anything that requires worker cooperation done if their
contract is stripped, with not even the pretense of balance
from third party arbitration.
The Campbell
government may attempt to frame the dispute in terms of "who
is running this province, the government or the union?"
That question illustrates the problem. No single party is
running the province. A capable government knows that there
are limits to power. Obviously it couldn't demand that people
work for free, that is an extreme example of a constraint
or limit to power. The need to reach agreement rather than
impose terms is a limit to power which is ignored at the government's
peril. That doesn't mean caving in, but it at least means
third party arbitration as an alternative to negotiation.
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