Case No. 2324 against the Government of British Columbia

British Columbia
February 2004
Case status: 

Railway and Ferries Bargaining Assistance Amendment Act, 2003 (Bills 95, December)
     The Act ended a strike by ferry workers employed by the newly privatized BC Ferry Corporation.

Coastal Ferry Act, 2003 (Bills 18, March)
     The Act allowed private contractors to override contracting out provisions contained in the ferry workers’ collective agreement.

Health Sector Partnerships Agreement Act, 2003 (Bills 94, November)      The Act prevented the Labour Relations Board and arbitrators from making a true employer declaration for employees working for a private contractor or subcontractor in the health sector. It also overrode collective agreement provisions prohibiting contracting out, rewrote layoff and bumping provisions and reduced severance pay below even the minimum standards applicable to non-unionized employees under provincial Employment Standards legislation.

Submitted by the National Union of Public and General Employees (NUPGE) (February 2004).

     These three pieces of legislation were found not to comply with the principles of freedom of association.