Case Nos. 1235 / 1173 against the Government of British Columbia

British Columbia
December 1983
Case status: 

Public Sector Restraint Act, 1983 (Bills 3, October)

The Act broadened the definition of senior management in the government service. This excluded employees from unionization, enabled employers to dismiss employees for economic reasons and stipulated the salaries and working conditions of supervisory personnel in schools would be fixed by the government and not subject to collective bargaining.

Compensation Stabilization Amendment Act, 1983 (Bills 11, July)

The Act changed the wage increase guideline under Bills 28 (see above) for approximately 220,000 public sector workers to a range for total compensation and established a Compensation Commissioner with power to decide wage increases based solely on considerations of the employer’s “ability to pay”.

Employment Standards Amendment Act, 1983 (Bills 26, October)

The Act allowed employers and unions to agree to contract language that provided workers with less than minimum employment standards and provided that no collective agreement could alter the powers and obligations of the Commission of Public Service.

Case No. 1235 was submitted by the Canadian Labour Congress (CLC) and the National Union of Public and General Employees (NUPGE) (November 1983) and Case No. 1173 was submitted by the World Confederation of Organisations of the Teaching Profession (WCOTP)

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