May 31, 2010

SASKATCHEWAN BUILDING AND CONSTRUCTION TRADES COUNCIL

Hundreds of protesters assembled outside the legislative building in Regina to oppose new construction laws.

Saskatchewan contractors applaud new labour legislation

RICHARD GILBERT

staff writer

Contractors in Saskatchewan applaud the passing of new construction labour laws that they say improve choice and competition, but building trades in the province are considering legal action, saying there was a lack of meaningful consultation.

“This is significant to our members, because it will update labour legislation to meet the standards of the rest of Canada,” said Michael Fougere, president of the Saskatchewan Construction Association.

“It’s about time we have a level playing field. In no other province does the government dictate which union workers can belong to.”

Bill 80 passed the provincial legislature on May 19. It eliminates the government-mandated monopoly that required unionized construction workers to belong to a government-designated union for their trade or craft.

“The legislation will provide more stability for the labour climate in Saskatchewan and puts us on par with other provinces in Canada,” said Karen Low, executive director of Merit Contractors Association in Saskatchewan.

“It will break up the monopoly, which has existed in the province for decades. Merit felt strongly about this because workers should not be told what union to belong to.”

The business manager of the Saskatchewan Provincial Building and Construction Trades Council is not happy with the new legislation.

“We went through a 14-month committee process and put submissions in. People came from across Canada to talk to the standing committee on human services to deal with Bill 80,” said Terry Parker.

“The minister said the government would wait for a report to be produced, before passing the bill. But no report came out and the whole committee process was a sham. The government wrote the bill first and then decided to consult, which amounts to consultation after the fact.”

In response, Fougere said the argument about a lack of consultation is a bit of a red herring.

“Everyone was consulted. That is why there was a committee that looked at all sides,” he said.

“The government did a lot of consultation, but the building trades just didn’t like the outcome.”

According to both Low and Fougere, the main issue addressed by Bill 80 is the establishment of guidelines for abandoned union agreements.

“The legislation had nothing in writing to address the issue of abandonment, but it was so obviously unfair,” said Low.

“Employers can now use abandonment as the basis to apply for decertification.”

Low and Fougere said the need for abandonment provisions in Bill 80 is demonstrated clearly by the Saunders Electric case.

In the Saunders Electric case, a union chose not to represent the workers for more than twenty years.

In every practical, the union abandoned activities under the collective agreement.

But, the union decided many years later to reactivate the agreement.

Under a New Democratic Party government, the Labour Relations Board ruled in favour of the union and required the company to pay back years of union dues.

“This case opened up a big bucket of worms, because other companies, such as PCL and Graham, were in the same position,” said Low.

“Once a new labour relations board came in, Saunders won an appeal. But this remained a volatile issue that was not resolved.”

The new abandonment provisions of Bill 80 allow for a company to be considered as abandoned and the union’s certification revoked, after a union has not represented the company for three years.

Parker said the negative impacts of Bill 80 are already being seen in the province.

“All the contracts for our affiliates expired on April 30,” he said.

“The contractors’ association is already looking for concessions to the contract to compete with CLAC (Christian Labour Association of Canada) and the contractors, which include PCL and Ledcor.”

The new legislation will allow a trade union to organize a company on a multi-trade, or “all employee” basis, as well as on a craft, or single-trade basis. The new legislation also allows the organization of new unions that are not currently able to organize in Saskatchewan’s construction sector.

The new unions will operate under the Trade Unions Act and will be able to negotiate with specific employers.

The Building Trade Unions will continue to operate under the Construction Industry Labour Relations Act. This means they are required to bargain with all contractors at one time.

The Provincial Building and Construction Trades Council is currently weighing its options and is considering legal action. This would consist of a challenge based on the Charter of Rights and Freedoms or bringing the case in front of the International Labour organization.

Print | Comment