WHEREAS the Fire and Police Services Collective Bargaining Act was enacted over fifteen years ago with the goal of facilitating collective bargaining with fire and police; AND WHEREAS the results are that the Act has not led to improved collective bargaining rather it has resulted in the parties invariably ending up at an impasse and the collective agreement being settled through binding arbitration with awards that are not in line with the economic reality of British Columbia communities: THEREFORE BE IT RESOLVED that UBCM request that the Minister of Labour review the impact of the Fire and Police Services Collective Bargaining Act on collective bargaining to determine if it has met its goals that were established at the time.
Ministry of Labour, Citizens Services Open Government The purpose of the Fire and Police Services Collective Bargaining Act Act was to provide access for unions and employers to binding interest arbitration to resolve a collective bargaining dispute. By proceeding to arbitration, the parties are able to maintain the ability to engage in face-to-face negotiations and avoid a strike or lockout which would interrupt the delivery of services critical to the protection of human life and property. The Act has achieved this objective. The Act contains specific provisions containing criteria to which an arbitrator must have regard in making hisher decision. These criteria, such as the interest and welfare of the community, are purposely broad and allow the parties to raise before the arbitrator the appropriate weight to be given to each of them. Where a party applies to the Minister for direction to proceed to arbitration in a particular dispute, it is free to request that the Minister consider specifying additional terms of reference. It should be noted that in applying the Act, arbitrators are to have regard to the terms and conditions of employment for other groups of the employers employees. As a result, employers should be mindful about the outcome of freely negotiated collective agreements when engaging in collective bargaining with police and fire unions. At this time, the Ministry of Labour, Citizens Services and Open Government has no plans to review the impact of the Act on collective bargaining. The Ministry will continue to actively monitor collective bargaining in the sectors covered by the Act.