and men are under attack Bill Vander Zalm is wiping out British Columbia's tradition of fair and free collective bargaining between workers and their employers. He’s making it easy for employers to get rid of unions. He's making it very hard for working women and men to get a fair wage, safe working conditions, and a measure of job security. Vander Zalm’s Bill 19 is a whole new system of industrial relations. Fairness doesn’t count. The pro- visions of freely negotiated collective agreements are unilaterally set aside. The legislation is complex, but it has a simple theme. Whatever Vander Zalm says, through an all-powerful industrial relations czar, is what you will do. If he doesn't like your contract, he'll re-write it. Some contract provisions, negotiated years ago, are retroactively made null and void by Bill 19. If you go on strike without his permission, you can be fired. If you don’t do as you are told, you can be fired. There is no appeal. Any protection you have in your contract, through a grievance or arbitration procedure, is set aside by the legislation. = ATE a “With Bill 19, the Vander Zalm government is trying to create a unionless B.C. “It’s declaring war on, and trying to eliminate the middle class in this province, and replace it with a class of economic serfs. “The premier thinks British Columbians are going to accept his fantasy of a more stable labour scene because of this Bill. “But the people will see through that facade, and look on this Bill as the nightmare it really is.” Mike Harcourt Leader B.C. New Democrats aT ] CONFRONTATION: GUARANTEED The Vander Zalm government had an opportunity to begin a new approach — a non-confrontational approach — to build industrial peace and stability. It could have created an atmosphere that would attract new investment and new jobs. But Vander Zalm has chosen a path that will mean just the opposite for British Columbians. He talks about fairness, equity and democracy. But he assumes unprecedented powers to interfere in people's lives. He directly attacks the job security of working men and women, and their ability to provide for their families. Bill 19 intrudes directly in bargaining between workers and employers. The legislation has been criticized by both the B.C. Business Council, and the B.C. Federation of Labour. Bill 19 means confrontation and uncertainty. It means less investment and fewer jobs. It will force many workers to accept lower pay. FREEDOM TO FIRE Important protections for workers, freely negotiated, have been thrown out. Civic workers have negotiated contracts saying there should be “just cause” before workers are fired. Under Bill 19, that’s “interference” with the right to hire and fire given to City Managers under the Municipal Act. With the Vander Zalm system of industrial relations, it doesn't matter whether it’s just or unjust. People can be fired anytime. Workers are even prohibited from going to arbitration if they're fired unjustly. FREEDOM TO BUST UNIONS Union employers are given a powerful tool to rig votes and bust unions. They can hire “appentices” or “trainees” who don't 4/Lumber Worker/July, 1987 have to join the union, even after their apprenticeship or training is complete. ‘An unscrupulous employer could hire a hundred “train- ees” for three hours. Under Bill 19, these “trainees” — even though they're not union members — are given the right to participate in decertification votes or strike votes. During a strike or lockout, an unscrupulous employer could hire a huge crew of “trainees” as scabs, and demand a vote on a new offer that includes a temporary suspension of seniority rights. The scabs would outvote the union workers and take the jobs. HISTORY REWRITTEN It doesn’t matter how many years ago any alleged viola- tion of the Labour Code or a collective agreement took place. If it’s still before the courts, the new laws apply, not the laws that were in force at the time. E Vander Zalm has retroactively eliminated people's rights. Two years ago, the B.C. Federation of Labour issued a hot declaration to help workers at Famous Players Theatres resist concession demands by the theatre giant. Bill 19 changes the law retroactively. Workers could be held liable today for violating a law that didn’t even exist at the time they allegedly violated it. GOODBYE, JOBS Employers are given an unlimited right to contract out, regardless of what it says in any freely negotiated contract with their workers. Employers can contract out to any other employer or individual, regardless of wage rates, regardless of union or non-union status. Thousands of union members could be laid off as employ- ers contract out their work to lower wage or minimum wage companies. BACK DOOR UNION BUSTING Successor rights — intended to prevent unscrupulous employers from using legal technicalities to get rid of unions — are just about done away with. Most construction workers will not be protected if the company they work for changes ownership. Some em- ployees, doing the same work, running the same business, at the same location, will no longer have successor rights. A large grocery chain could sell its in-store bakeries, claiming that's not a substantial part of their business. The collective agreement would no longer apply. Workers would be paid and treated as the “new” employer determines. KEEPING UNIONS OUT Employers are given a powerful new weapon to keep B.C. workers from joining unions. The boss is given the right to campaign publicly or privately during an organizing campaign. The boss can call in workers, one by one, to discuss the pros and cons of union membership. For workers not yet protected by a collective agreement, the implied threat will be clear. THE END OF FREE COLLECTIVE BARGAINING The right of workers to withdraw their labour is virtually eliminated. The ability of women and men to put pressure on their employer to reach a collective agreement is severely restricted. Vander Zalm’s hand-picked Industrial Relations Com- missioner will have unlimited power to interfere in free collective bargaining. One unelected, unaccountable person has all the power formerly held by the provincial cabinet, plus many new powers. One bureaucrat will decide who can strike, and who can not. There is no appeal. It's unprecedented. A dissenting opinion by two Supreme Court justices, including the Chief Justice, holds that even Legislatures should not have that much power. The industrial relations czar also has the power to control wages, define essential services, appoint a mediator even il neither employer nor union wants one, order people back to work, and impose a contract. If workers fail to go along with the commissioner's directives, the employer can discipline or fire workers. There is no appeal. UNFAIR PAY: IT’S THE LAW Discriminatory wage scales, normally addressed by unions at the bargaining table, are being entrenched in legislation. Union efforts to achieve equal pay for work of equal value will be prohibited. Arbitrators will be instructed, by law, to consider “the need to maintain an appropriate relationship between occupations and classifications.” WAGE CONTROLS Wage controls are made permanent in a clause that calls ability to pay the “paramount factor” in determining whether a contract will be approved in the public sector. It makes a mockery of bargaining. Vander Zalm decides what the government, or a school board, or other public body is able to pay. Under the new law, that's what you get. The provision is a clear violation of Canada's treaty obligations through the United Nations. e LIMITS ON PICKETING The law prevents workers from putting any economic pressure on their employers. Vander Zalm’s labour czar can not only tell workers whether they’re allowed to exercise their right to withhold their labour, he can tell them where they can picket. Picketing will be controlled so it minimizes the impact on the employer's operation. Workers can only picket if their work is an integral and substantial part of the employer's operation. Small bargain- ing units, even if they're lawfully on strike, won't be able to picket. Picketing could be eliminated entirely on construc- tion sites where there's more than one employer. “HOT” GOODS Hot declarations are illegal under Bill 19. Collective agreements under which employers agree not to handle hot goods are illegal. This forces union members to actively work against other union members. For instance, a company could keep operating with scabs, hired under other provisions of Bill 19. Workers at other “This particular bill interferes more in people’s lives than any legislation that I know of ever introduced in this Legislature. “Tt interferes directly and specifically with freely negotiated contracts between employers and employees. “It says by legislation, in section after section, that what they have chosen to do freely is no longer allowed and is void.... “What it calls for is the de-unionization of British Columbia.” Colin Gabelmann, MLA North Island companies — Pernaps renee? wi the same union — would have to handle scab made products, thereby helping defeat their co-workers. Workers are able to win fair wages and working condi- tions by working together. Bill 19 prevents working men and women from doing that. DOUBLE BREASTING Vander Zalm is making it easier for unionized companies to set up non-union dummy companies to compete against and undercut the unionized company. Technically, this practise, called double breasting, is prohibited. However, a company can be completely con- trolled financially, and be exempted from this prohibition, as long as it has a different manager. This is a blatant attempt to wipe out unions in the construction industry.