B.C. health unions lose provincial court challenge

Bill 29 weakens unions but is not unconstitutional, judges rule

Vancouver (6 July 2004) - Legislation allowing B.C.'s Liberal government to contract out health care jobs does not interfere with collective bargaining, the B.C. Court of Appeal has ruled.

Several unions, including the B.C. Government and Service Employees' Union (BCGEU/NUPGE) and the Health Sciences Association of B.C. (HSABC/NUPGE), took the government to court to challenge the legality of Bill 29, used by the Premier Gordon Campbell to impose contracts on union members.

Several other unions were also involved in the challenge, including the Hospital Employees Union and the the B.C. Nurses Union.

They argued that Bill 29 is unconstitutional because it interferes with protected aspects of their collective bargaining.

Justice Allan Thackray, in a decision announced Monday, disagreed, saying: "While Bill 29 may affect the appellants bargaining strength it does not interfere with the protected aspects of their bargaining rights," he said.

The unions went to the B.C. Appeal Court after a lower court ruling that upheld the legislation.

"There can be no doubt the appellants . . .are angry," Thackray wrote in the unanimous 3-0 decision.

"They were given, by one government, rights that were used to improve union power and individual incomes. Another government took away some of that power and some of the economic benefits."

Bill 29 allows public and private health employers to void existing union deals and contract out work for wages that are as much as 50% lower.

More information:
• B.C. unions will appeal to Supreme Court of Canada
• Full Text: Court of Appeal of British Columbia

Web posted by NUPGE: 6 July 2004

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