WHEREAS arbitrators do not apply weight to all of the factors set out in Sections 46a to g of the Fire and Police Services Collective Bargaining Act; AND WHEREAS arbitrators have also failed to consider the different economic conditions and factors that distinguish other municipalities from Vancouver: THEREFORE BE IT RESOLVED that the Province communicate to arbitrators that equal weight must be applied to each factor set out in legislation to ensure that the intent of Section 46 of the Fire and Police Services Collective Bargaining Act is followed; and also direct arbitrators not to arbitrarily impose parity or near parity with Vancouver firefighters collective bargaining.
Ministry of Labour Citizens Services Government appreciates the issue raised and believes that the existing provisions permit municipalities to raise these matters through the arbitration process. The arbitration criteria set out in section 46 of the Fire and Police Collective Bargaining Act the Act are sufficiently broad for the employer to raise local labour market comparisons, rather than parity with Vancouver firefighters, and for the arbitrator to determine the appropriate weight to give local market comparisons in the context of the particular economic circumstances within the community. The criteria are deliberately broad to reflect the concerns of employers and employees. The Act does not assign a specific weight that the arbitration must give to each criterion, but rather permits the arbitrator to apply the criteria as he or she considers appropriate to the economic and other circumstances of each case. The Fire and Police Collective Bargaining Act was passed in 1995 based on the Industrial Inquiry Commissions recommendations for expediting the settlement of fire and police collective bargaining disputes. Firefighters and municipalities were consulted at the time.