Effect given to the recommendations of the committee and the Governing Body - Report No 340, March 2006

Case No 2166 (Canada) - Complaint date: 18-DEC-01 - Closed

Effect given to the recommendations of the Committee and the Governing Body

• (Canada/British Columbia)
  45. 45 The Committee last examined this case, which concerns violations of freedom of association principles on collective bargaining in respect of public employees through several pieces of legislation in the health (Bills Nos. 2, 15 and 29) and education (Bills Nos. 18, 27 and 28), at its March 2004 meeting [see 333rd Report, paras. 23-30]. On that occasion, it recalled the following recommendations:
      • (a) As regards the education sector, the Committee had recommended that the Government: repeal Bill No. 18; adopt a flexible approach, eventually amending Bill No. 27 to give the parties an opportunity to vary by agreement the working conditions unilaterally imposed by the legislation; and include in the mandate of the commission established under Bill No. 27, the issues raised in connection with Bill No. 28 [330th Report, para. 305(a)(i)-(iv)].
      • (b) As regards the health and social services sector, the Committee had recommended that the Government: amend the legislation to ensure that workers enjoy adequate compensation measures for the limitation placed on their right to strike; adopt a flexible approach, eventually amending Bill No. 15 to give the parties an opportunity to vary by agreement the working conditions unilaterally imposed by the legislation; and hold full and detailed consultations with representative organizations, with the help of a neutral and independent facilitator, to review the collective bargaining issues raised in connection with Bill No. 29 [330th Report, para. 305(b)(i)-(iii)].
      • (c) The Committee had further requested the Government in future: to respect the autonomy of bargaining partners in reaching negotiated agreements and refrain from having recourse to legislatively imposed settlements; and to hold meaningful consultations with representative organizations when workers’ right of freedom of association and collective bargaining may be affected. Finally, the Committee requested the Government to provide it with judicial decisions concerning pending court challenges in connection with the complaints, and to keep it informed of all developments [330th Report, para. 305(c)-(f)].
  46. 46 Furthermore, the Committee had noted the information provided by the Government to the effect that, to give effect to Bill No. 27, the Minister of Labour had appointed an individual to consult with interested parties and to recommend terms of reference for the review commission, and that based on its report, the Minister had appointed, in December 2003, a commissioner who would consult with groups in the education sector and review procedures in other jurisdictions to recommend procedures for a new collective bargaining arrangement. The Committee had also noted that the Government had provided a copy of a judgement of the BC Supreme Court upholding the constitutionality of Bill No. 29, and that the health sector unions had obtained leave to appeal to the BC Court of Appeal but had not taken further steps in this respect. Lastly, the Committee had requested the Government to keep it informed of steps taken to implement the recommendations made when it examined the merits of these complaints at its March 2003 session, and to continue to keep it informed on the conclusions of the review commission established under Bill No. 27, and on the outcome of judiciary proceedings filed in connection with the complaints.
  47. 47 In its communication of 4 March 2005 regarding Case No. 2324 as well as Cases Nos. 2166, 2173 and 2180, the National Union of Public and General Employees (NUPGE) informs the Committee on Freedom of Association that it wrote to the province’s Minister of Labour on 18 October 2004 asking that the Government take action to implement the recommendations of the ILO Governing Body. On 2 February 2005, the Deputy Minister replied that the Government had noted the ILO recommendation but was not planning to amend or repeal the legislation. According to the complainant, the Government had demonstrated disregard for the ILO, the rulings of its Governing Body and its investigative and conciliation procedures.
  48. 48 The Committee notes the information provided by the NUPGE. In particular, it notes the Government’s answer to the complainant organization that it is not planning to amend or repeal the legislation.
  49. 49 The Committee deeply regrets the fact that the Government has so far failed to communicate any follow-up information on the measures taken to give effect to the Committee’s recommendations. The Committee is particularly concerned about this situation in view of the fact that the Government has in the meantime intervened once again through retroactive legislation in the collective bargaining process [see Case No. 2324, 336th Report, paras. 233-284]. The Committee recalls that when a State decides to become a Member of the Organization, it accepts the fundamental principles embodied in the Constitution and the Declaration of Philadelphia, including the principles of freedom of association [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 10]. The Committee therefore urges once again the Government to provide information without further delay on the steps taken with regard to the Committee’s recommendations mentioned above. The Committee regrettably is bound to remind the federal Government of Canada that the principles of freedom of association should be fully implemented throughout its territory.