October 23, 2005

Contempt of the Legislature

In legislative question period on October 19th, Labour Minister Mike de Jong refused to admit that Vince Ready had been authorized to find a settlement in the teachers' dispute; he repeatedly claimed that Ready was acting on his October 6th appointment as an Industrial Inquiry Commission. In his first paragraph of the terms for settlement, Ready wrote that he was appointed as a Commission on October 10th and that on October 17th his mandate was expanded to include facilitating a return to work. It appears that de Jong misled the House on October 19th.

For all the faults demonstrated by the BCTF around their failure to understand the protocols with a "facilitator" and not knowing when to declare victory, BC's teachers deserve praise for successfully pushing back against the Campbell government. In keeping with his record of ungraciousness, Campbell rubbed salt in their wounds when he told teachers that they won nothing more from Ready's recommendations than what they sacrificed in pay during their strike.

BCGEU negotiated dozens of contracts over the past four years without suffering lost pay and other consequences of a strike. Their negotiating skills are credited with saving thousands of jobs in BC's liquor stores. With over 200,000 public sector workers having their agreements expire and bargaining commence over the next few months, a debate will no doubt rage over which tactics will work best.

Did the BCTF win public support because the public understood that the deterioration in learning and working conditions was affecting their kids, or did the public support arise because tens of thousands of other workers who had also been unfairly treated by the Campbell government were cheering those who took on that government? It was probably a combination of both.

The following is a brief history of intrusion in contracts by the Campbell government.

On June 19, 2001, Bill 2 (Health Care Services Continuation Act) passed third reading ordering a "cooling off period" after BC's nurses engaged in nothing other than a withdrawal of overtime.

On August 1, 2001, Bill 13 (Greater Vancouver Transit Services Settlement Act) ended the dispute with Coast Mountain Bus Company Ltd. by ordering a return to work and by appointing a special mediator to determine terms of the contract, the traditional way legislatures intervene in disputes.

On August 9, 2001, Bill 15 (Health Care Services Collective Agreement Act) imposed a "contract" on nurses even though the only job action they took was the withdrawal of overtime; the Bill also imposed the employers' last offer on paramedical professionals.

On January 27, 2002, Bill 27 (Education Services Collective Agreement Act) passed third reading imposing an "agreement" on the teachers with a term expiring June 30, 2004.

On January 27, 2002, Bill 28 (Public Education and Choice Act) passed third reading stripping the teachers agreement of provisions that dealt with learning and working conditions.

On January 27, 2002, Bill 29 (Health and Social Services Delivery Improvement Act) passed third reading stripping collective agreements with health and social service unions.

On March 7, 2002, Bill 9 (Medical Services Arbitration Act) passed third reading canceling the arbitration between the government and the BCMA.

On March 31, 2003, Bill 28 (Forestry Revitalization Act) passed third reading reducing timber licenses by 20% while setting the terms of compensation and eliminating the right for legal action for additional compensation.

On November 27, 2003, Bill 94 (Health Sector Partnerships Act) passed third reading voiding present and future provisions of collective agreements with respect to successor and other rights.

On April 22, 2004, Bill 19 (Education Services Collective Agreement Amendment Act, 2004) passed third reading overturning a court decision with respect to interpretation of the Public Education and Choice Act.

On April 28, 2004, Bill 37 (Health Sector (Facilities Subsector) Collective Agreement Act) passed third reading imposing a 15% pay cut on health workers.

On March 3, 2005, Bill 21 (Crown Counsel Agreement Continuation Act) passed third reading overturning an arbitration with Crown Counsel and extending their contract until March 31, 2007.

On October 7, 2005, Bill 12 (Teachers' Collective Agreement Act) passed third reading extending the previously imposed and stripped contract with teachers to June 30, 2006. That produced the longest teachers' strike in BC history, courtesy of the government that promised to make education an essential service, and set the stage for the beginning of a major round of public sector bargaining.

Students of the Campbell government may be aware of other actions that government has taken to break contracts but this short review excluded broken election promises such as the sale of BC rail and the expansion of gambling while focusing on a narrow look at how it used its legislative might to void contracts and overturn court rulings. Bill 12 (2005) might not be the last time it abuses its power, but it should be the last time it takes for granted that it can predict the consequences.