Questions & Answers
LAST UPDATED: November 23, 2018
There are many questions about the CBA that can’t be answered by reading the Agreement itself. BCCA is seeking further clarification from the BC Infrastructure Benefits (BCIB) executive team and we have published a first round of responses below. We’ll continue to communicate questions to BCIB on behalf of industry, and welcome contractors and tradespeople to send their specific questions to theteam@bccassn.com. Please include your name, company, and phone number in the event we need clarification from you in regard to your request, and so we can be sure to advise you of the response we collect on your behalf.
Questions & Answers
Retention of Employees (CBA Section 2.101)
Section 2.101 of the CBA states that “BCIB is the employer of all Employees working under the scope of the CBA …” and continues to say “… the Employer may delegate functions or responsibilities to Contractors or others….”
Please confirm the correct interpretation of the clause: will employers potentially “lose” their employees to BCIB?
Answer
Clause 2.101 is not intended to delegate hiring. BCIB is the true employer for purposes of the specified project. Employees for the project will be employed by BCIB while working on the project but that does not mean they have to leave their originating company for other purposes nor does it prevent the employee to also remain an employee of their originating company other than while working on the project. However, it does create a situation whereby an employee may choose to join another project or employer under the CBA rather than return to the originating contractor.
Risk Liability (CBA Sections 7.100 and 7.200)
Under the CBA, the Employer is the BCIB. The CBA states “The management, operation of and the direction and promotion of the Employees of the Employer is vested exclusively in the Employer...“ and “The Employer retains all legal and traditional rights not specifically covered by this Agreement.” Please clarify: Does this mean that, as the employer, the BCIB assumes all safety risk and is liable for any accident, injuries, or other liabilities on the jobsite?
Answer (updated Nov 23, 2018)
The BCIB will maintain employer responsibilities and will retain traditional management rights but has the right to delegate as per Article 7.400, “The Employer has the right to delegate any of its rights of management to any person, firm or Contractor working on the Project as it may deem fit.”
BCIB is currently in discussions with WorkSafeBC on the issue regarding delegation of safety to the contractor. The delegation of safety and supervision responsibilities to the contractor will be reflected in the BCIB-Contractor Agreement. The contractor will be required to sign this contract in order to begin work.
Hiring
Who will lead the recruitment for workers according to the nine levels of priority hiring outlined in the CBA?
Answer (updated Nov 23, 2018)
BCIB will lead the recruitment of workers according to Article 9.100 (Priority Hiring) working with AIRCC.
BCIB will collaborate with the Contractor on recruiting activities as well.
The Contractor has the ability to recruit their own supervisors and non-working forepersons, some of their own core crew and also are able to select additional workers on a rotational basis.
Seniority
Will the established seniority of an employer’s workers be respected and maintained when the employees move onto a CBA project?
Answer (updated Nov 23, 2018)
Workers will be hired in accordance with Article 8.600 and 9.100 including dispatched workers, contractor ‘named hires’ or ‘named requests’.
There may be seniority rules specific to each union.
Expansion of CBA to other Public Projects
What are the next CBA projects after the Patullo Bridge and Highway 1? When can we expect them to be announced?
Answer
This is being discussed but there are no final decisions yet and no target date for an announcement. A thorough criteria process is being developed to determine which infrastructure projects a CBA will be applied to. In the future the CBA may be only partially applied: the full scope of the Project Labour Agreement component might not always be applied in favour of a more of a traditional CBA. But the labour agreement will still exist on some projects.
Availability of Detailed Project Information
When will the project plan, resource requirements and management of the proposed technical and apprenticeship training program be communicated?
Answer
This question refers specifically to the procurement of a project (The Pattullo Bridge) rather than to the overall CBA model. The BCIB team speaks only to the CBA model itself, not to project procurement. Any questions relating directly to procurement must be directed to the project procurement team.
Comparison Wages & Benefits
In cases where the employee is paid a higher wage outside of the CBA, or receives a more generous benefits/compensation package, will the employee be required to take the lesser package under the CBA? If so, will that employee be compensated for the loss?
Answer
The employee must take the lower wage and the lesser benefits package. The benefits packages will not be matched. The benchmark for the BCIB wage tables was the BCLRA rates. It was important to insure that the BCIB wages weren’t too attractive against industry averages.
Benefits Plan Duplication
In cases where an employer or a non-designated union is already paying into a pension fund and/or benefits such as health and welfare coverage, will the employee also be required to make contributions to the union pension funds? In these cases, where there is double-paying, will the employee or employer be compensated?
Answer
When you come in as a BCIB employee you must pay into the affiliated union pension and benefits funds. Whether the employee will be able to suspend and/or retain their existing pension and benefits depends on their plan. They can choose to pay both if they want to in order to remain in good standing with their current plans and funds, but those costs will not be compensated.
Benefits Details
When and where will the details of the BCBTU benefits packages be made public, in order to support an informed decision to bid on the part of the employer? They may wish to compare the current benefits plan (costs as well as coverage details) they are offering their employees to that of the BCIB.
Answer (updated Nov 23, 2018)
BCIB will provide more information on the breakdown of the benefits packages to assist employees as soon as possible.
In the interim, employers can make inquiries direct with the applicable trade unions.
Post-CBA Access to Benefits
After a worker has paid into the union benefits funds for a period of time, and then moved on from a CBA project back to an open shop or non-designated union project, will they continue to have access to the benefits fund that they paid into?
Answer
No, the employee will not continue to have access to the benefits once they leave the BCIB.
Dues
Employers need to know specifics regarding dues deductions at tender in order to make an informed decision to bid on behalf of their employees. Where can employers find this detailed information?
Answer (updated Nov 23, 2018)
BCIB will provide more information on the breakdown of dues to assist employees as soon as possible.
In the interim, employers can make inquiries direct with the applicable trade unions.
Post-CBA Access to Pension
After a worker has paid into the union pension funds, and moved on from a CBA project back to an open shop or non-designated union project, will they continue to have access to the pension fund that they paid into?
Answer
Yes, the employee will continue to have access to the pension fund.
Source of Payments to Council and Support Funds
Who pays the .32 cents per working hour per employee to the administration of the AIRCC and to the 3 funds – the worker, contractor, or tax payer?
As reference, the 3 funds are:
- BC Construction Industry Rehabilitation Fund
- Construction Industry Health and Safety Fund
- BC Construction Industry Skills Improvement Council Skill Plan Fund
Answer
The taxpayer. The Crown Agency (BCIB) will make the contributions of 2 cents each to the three funds, the 25 cents to manage the union Council (AIRCC), and the 1 cent to the Jurisdictional Assignment Plan.
Support Fund Management
Where do the three funds reside and how will they be managed? Where can workers and employers find information on what they are, who is eligible, and what resources they will provide?
Answer (updated Nov 23, 2018)
Industry Rehab: Funds managed by Construction Industry Rehabilitation Program (CIRP):
- Provides BCIB employees support/programs for drug & alcohol treatment
- See Construction Industry Rehabilitation Program (CIRP)
Construction Industry Health & Safety: Funds managed by the BCBTU
- Provides BCIB employees access to training programs provided by Union(s)
- Pamphlets available with information by contacting the BCBTU
BC Construction Industry Skills Improvement Council Skill Plan Fund: Fund managed by BC Construction Industry Skills Improvement Council.
- SkillPlan provides BCIB employees skills assessment and essential skills training
BCCA Note: The three programs are all affiliated with the BCBT Union
Post-CBA Access to Support Funds
After a worker leaves a CBA project, will they still have access to those support funds if they are no longer working under the BCIB?
Answer
No. If a worker is not employed by BCIB they will no longer have access to the funds.
Policies for a Safe and Productive Job Site
Since contractors and skilled tradespeople will be bound by BCIB policies concerning equity, diversity, harassment, hazing, bullying etc., will proponents be given access to such policies? These policies will impact the safety and productive of their employees.
Answer
BCIBI will have overarching policies that will be available when the BCIB becomes operational. These policies are currently in development and will be made available in time for bidding.
Tracking
It has been stated that a key priority of the CBA is to collect data and track key metrics regarding apprenticeship, diversity, and safety. How will employees be tracked? Will this tracking apply to both CBA and non-CBA projects?
Answer (updated Nov 23, 2018)
BCIB will be responsible for reporting metrics as described. Subject to the terms protecting personal information under the Freedom of Information and Protection of Privacy Act (FIPPA), demographic data may be collected though employee records.
Subject to the same terms, information may also be collected from contractors under the CBA as part of their contract on the project.
JAP Relation to Council
Will the Jurisdictional Assignment Plan representative reviewing the jurisdictional assignments under the CBA be inside the Council or will they operate as a completely separate entity?
Answer (updated Nov 23, 2018)
The Jurisdictional Assignment Plan (JA Plan) is a joint initiative of Construction Labour Relations Association of BC and the BC & Yukon Territory Building & Construction Trades Council.
The JA Plan representative is an independent umpire and is separate from the AIRCC council.