Collective Bargaining: The Cost of Safety

Collective Bargaining: The Cost of Safety

Collective Bargaining: The Cost of Safety Union of BC Municipalities 2016 Convention September 26-30, 2016 Thomas A. Roper Q.C. Ryan D. Copeland

Police Compensation 2013 2014 2015 2016 2017 2018 2019 Calgary $91,391 $93,447 $96,017 $98,897 exp Edmonton $91,245 $93,435 $95,771 $98,404 exp Halifax $86,544 $88,454 exp Montreal $75,539 $77,050 exp OPP $83,483 $90,621 exp Ottawa $88,043 $90,245 $92,979 exp Peel Regional $88,151 $90,355 $93,127 $94,949 $96,758 $98,451 $100,420 Quebec City $74,977 $76,476 exp QPP $68,891 $70,269 exp RCMP $80,498 $82,108 exp Regina $88,659 $91,402 $94,418 $97,251 $99,925 exp St. John (NB) $79,446 $82,425 $85,519 exp Sudbury $87,705 $90,076 $91,976 $93,918 $95,797 $98,011 $100,287 Toronto $88,846 $90,621 $93,127 $94,949 $96,759 $98,452 exp Vancouver $88,152 $89,916 $92,160 exp Waterloo Reg. $87,707 $90,349 $92,833 $94,876 $96,678 $98,515 $100,426 Windsor $87,935 $90,300 $92,806 $94,578 $96,383 $98,126 $100,200 Winnipeg $88,161 $91,273 $94,030 $96,851 exp York Regional $88,539 $90,626 $93,022 $94,941 $96,745 $98,438 $100,407 Trankslink $86,109 $88,261 $90,468 exp Delta $88,152 $89,916 $92,160 $94,464 $96,828 $99,252 $101,736

Fire Compensation Through 2019 @ 2.5% per year Delta, Township of Langley, Maple Ridge, New Westminster, North Vancouver (City), Pitt Meadows, Port Coquitlam, Surrey, West Vancouver, Abbotsford, Chilliwack, Kelowna, Penticton, Powell River, Squamish, West Kelowna, Whistler Through 2015 @ 2.5% per year Burnaby, Coquitlam, Langley (City), Vancouver, Kamloops, Nanaimo, Prince George, Vernon, Victoria

2000-2015 Wage increases and CPI (uncompounded) 60.00% 50.00% 40.00% 30.00% 20.00% 10.00% CUPE Police Fire CPI 0.00%

How we got here: Fire and Police Services Collective Bargaining Act s. 4(6) In rendering a decision under this Act, the arbitrator or arbitration board must have regard to the following: (a) terms and conditions of employment for employees doing similar work; (b) the need to maintain internal consistency and equity amongst employees; (c) terms and conditions of employment for other groups of employees who are employed by the employer; (d) the need to establish terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered; (e) the interest and welfare of the community served by the employer and the employees as well as any factors affecting the community; (f) any terms of reference specified by the minister under section 3; (g) any other factor that the arbitrator or arbitration board considers relevant.

How we got here: Local Economic Circumstances Vernon - 1995 (Hope) Professor W. Craig Riddell local labour market factors should be the primary basis for comparison Rejected at arbitration Campbell River - 2005 (Gordon) real wage argument of employer rejected again Vancouver - 2012 (Hall) Real wage argument of IAFF rejected

Who sets the pattern in Fire? 2008 Surrey Burnaby Richmond 2012 Vancouver (Hall) rejects Delta s + 0.5% as setting the pattern 2014 Delta settles @ 2.5% for 2012-2019 Most municipalities are following these rates

Fire s Relationship to Police $100,000 $90,000 $80,000 $70,000 $60,000 $50,000 $40,000 Vancouver FIRE Vancouver Police $30,000 $20,000 $10,000 $0 Year 1971 1973 1975 1977 1979 1981 1983 1985 1987 1989 1991 1993 1995 1997 1999 2001 2003 2005 2007 2009 2011 2013 2015

Who sets the pattern in Police? Municipal Police Historically Vancouver; with ties to Toronto, but also RCMP, Montreal; with Calgary, Edmonton, Winnipeg now out front Effect of Delta police settlement uncertain RCMP RCMP Pay Council based on wages of other Canadian police forces Discontinued

Recent Developments Fire Penticton 2015 (McPhillips) Penticton 2016 (Supreme Court JR) City of Burnaby August 10, 2016 2012-2015 Cites Penticton Judicial Review Parity well established; very significant, if not overwhelming, factor; unique nature of the occupation; no compelling reason to deviate

Recent Developments cont d RCMP Bill C-7 Unique provisions for RCMP bargaining RCMP union must be independent Restrictions on content of collective agreement Restrictions on interest arbitration award

Recent Developments cont d RCMP PSLRA factors s. 148 (a) relationships with compensation and other terms and conditions of employment as between different classification levels within an occupation and as between occupations in the public service; (b) the compensation and other terms and conditions of employment relative to employees in similar occupations in the private and public sectors, including any geographical, industrial or other variations that the arbitration board considers relevant; (c) compensation and other terms and conditions of employment that are reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered; and (d) the state of the Canadian economy.

Going Forward Collective bargaining Hold to principles from Penticton JR Coordination pattern can be set by anybody Fire Police?

Going Forward cont d Government Minister has refused to give Directions Arbitration is only one of the available options for the Minister Essential Services Resolution B16 Ontario is pushing for similar changes

Going Forward cont d Alternative cost savings measures Holding vacancies, hiring freeze, etc. Internal restructuring Alternate service delivery Job classifications Shared services Amalgamated services

THOMAS A. ROPER, Q.C. RYAN D. COPELAND 604.806.3850 troper@ropergreyell.com 604.806.3869 rcopeland@ropergreyell.com Roper Greyell LLP Employment + Labour Lawyers 1850-745 Thurlow Street, Vancouver, BC V6E 0C5 T 604.806.0922 F 604.806.0933 ropergreyell.com The purpose of this presentation is to provide an overview of this area of the law. This does not by any means constitute a full analysis of the law or an opinion of Roper Greyell LLP or any member of the firm on the points of law discussed. Roper Greyell LLP 2016

In appreciation of today s speakers, UBCM has donated to KidSport, which provides assistance to allow children across Canada to play sports, regardless of their financial circumstances.