A coalition of unions representing trades workers has filed a civil suit against BC Hydro over its “managed open site” labour strategy for the Site C hydroelectric dam, which the unions say would contravene a B.C. first hiring policy and breach the Canadian Charter of Rights by forbidding strikes.
It would also obviate an affirmative action policy that unions have in which First Nations and women with equal qualifications are first off the board at union hiring halls, according to Tom Sigurdson, executive director for BC and Yukon Territory Building and Construction Trades Council.
The suit was filed March 2 in B.C. Supreme Court by the council on behalf of 15 unions.
Under the managed open site labour process that BC Hydro is using to award contracts to build the $8.8 billion dam, both union and non-union contractors can bid. Some of the workers would have collective agreements while others would not.
In past large-scale hydro projects, the hiring process required B.C. workers to be given preference when contractors hired trades people, followed by Canadians, then Americans, and only after that bringing workers in from outside of North America, said Wayne Peppard, business representative for the Allied Hydro Council of B.C.
“The issue is that the contractor is not required to hire B.C. first or Canadian before they go offshore – they can do that at any time,” he said.
He points to the construction of the Canada Line as an example of the kind of inequities that can arise from such a hiring scheme. During that project, workers were brought in from Central America for the tunnel boring – and allegations of workers being underpaid arose.
In a request for proposals that has gone out, BC Hydro stipulates that contractors who either have, or enter into, collective agreements with a union must agree that there will be no strikes, slowdowns, work-to-rule or any other actions that will impede the productivity on the work site.
And that’s a breach of the fundamental right of Canadian workers to take collective action, the council argues.
The trades council is asking the court for a ruling that strikes down that requirement as a breach of the rights of association in the Canadian Charter of Rights.
Susan Yurkovich, BC Hydro's executive vice-president for Site C, defended the hiring process, saying "it allows access to the largest pool of skilled and experienced labour, allows contractors and employees to maintain their existing bargaining relationships, supports labour stability on-site, and provides flexibility for contractors."
She added that the open site management approach was "informed by consultation and engagement over many months with industry stakeholders and labour organizations."
"BC Hydro has met extensively with the Building Trades over the last number of months, and we understand that they do not support some of the common terms proposed. BC Hydro is carefully considering the Building Trades’ input along with other input received and will communicate any changes to proponents."
