the Health Labour Relations Association representing the hospitals of British ......
Arthur A. Sloane and Fred Witney, Labour Relations, 2nd ed. CEnglewood C ...
c.l
THE
DETERMINANTS STRATEGY
OF
COLLECTIVE
BARGAINING
I N THE B R I T I S H . COLUMBIA
HOSPITAL
INDUSTRY
by PAUL
GERALD
B.Sc. , York B.Sc,
LAMBERT
University,
University
THESIS
SUBMITTED
THE
REQUIREMENTS
of Guelph,
IN P A R T I A L
MASTER
FOR OF
1971 1973
FULFILLMENT
THE DEGREE
OF
SCIENCE
in BUSINESS ADMINISTRATION in THE
F A C U L T Y OF
GRADUATE
(Department
We
accept to
THE
this
o f Commerce)
thesis
the required
UNIVERSITY
OF
October, ©Paul
Gerald
STUDIES
as
conforming
standard
BRITISH
COLUMBIA
1979 Lambert,
1979
OF :
In
presenting
an
advanced
the I
Library
further
for
degree shall
agree
scholarly
by
his
of
this
written
this
in p a r t i a l
fulfilment
of
at
University
of
Columbia,
the
make
that
representatives. thesis
freely
for
available
be g r a n t e d
It
financial
is
gain
Commerce British
August 1,
1980
by
for
the
understood
permission.
University of
British
permission for extensive
2075 Wesbrook P l a c e V a n c o u v e r , Canada V6T 1W5
Date
it
p u r p o s e s may
Department of The
thesis
Columbia
shall
Head o f
be
requirements
reference copying
that
not
the
of
I agree and this
or
allowed
without
that
study. thesis
my D e p a r t m e n t
copying
for
or
publication my
i i A
The
t He's i s
approach., for
the
of
attempts
the
literature are
and
Climate;
Bargaining
illustrate,
strategy a
model
identified
Structure
Objectives;
to
bargaining
determinants Economic
T R A C T
theoretical criteria*
collective
review
B. S
and
described
in
the
case
the
literature
determination.
i s presented
under
Relative
through
the
Power
i n which
general of
Institutional
the
Based
headings
on, a
strategy of
Bargaining
Politcal
Parties;
Characteristics;
Legislation; Interorganizational
study
Party
Relationships;
and,
Personality. The
case
Agreement the of a
between
Health
Labour
British
labour
duced,
as
the
is
of
is
the
In
hospital
to
put
economics in
legislation
for
Employees'
Association
order
associations the
bargaining
Hospital
Relations
Columbia.
discussion
other
studied
the
is
the
Union,
1976-77 Local
representing
the
case
into
presented.
hospital
applicable
to
the
180,
the
and
hospitals
perspective,
As
industry
Master
well,
are
the
intro-
negotiations
dis-
cussed . While izations political strategy.
to
the
study
other
of
a
single
bargaining
determinants
most
case
prohibits
s i t u a t i o n s , i t would affect
the
choice
of
valid appear
generalthat
bargaining
T A B L E
0 }v
2
-2
4 P a r t y B's strategy choices
0
0 -2
4
p o s s i b l e outcomes F i g u r e 10
Perceived
Power
P a r t y A's s t r a t e g y
2
choices
\ -2(4)
4 P a r t y B's strategy choices
0 4
-2(4)
2 >v
29
strategy than
gives
Party
should
"relative"
power
be
power.
to t h a t
of
of
bargaining
el
o f power
for
the o r g a n i z a t i o n
party
concept
power
basic
which
tends
each
power
psychologists
They
point
to be
p a r t i e s ; be
other
structured when
involved power
i n the
position
the b a s i c
of equal
of
power
responsive situation. studied
by
s u c c i n c t l y reviewed
regardless
power
both
have
positions,
i n a less parties rather
by
of the
(i.e. result
both
lev-
positive benefits
p a r t i e s , whether
effective
choice
of a c e r t a i n
has been
and
out that
as b e i n g
the
the
or low b a s i c
more
affects
to the b a r g a i n i n g
of r e l a t i v e
i n t e g r a t i v e fashion)
perceive
affects
determining party
i t many
with
power
absolute
i n one
the b a s i c
of the b a r g a i n i n g
to both
more
with
the personnel
displays
or
the attainment
carry
power p o s i t i o n s
bargaining
which
comparison
party
experimental
absolute
power
bargaining
i s the
inherent
party
While
and/or
party
and Brown.
payoff
the other
may
that
per se, that
t h e power
in direct
each
The numerous
bargaining
the i n d i v i d u a l
i t i s nonetheless,
of another
behaviour
Rubin
party,
in itself
only
position
greater
therefore,
I t i s not
strategy.
organization,
or
clear,
i t i s , rather,
relative
high
relatively
of a p a r t i c u l a r
factor;
one
A
B.
It is
Party
in
greater
distributive bargaining
than
unequal
23 power. reviewed
Over by
seventy
Rubin
and
Furthermore, the
discrepancy
percent Brown
of
the experimental
supported
as R u b i n
and
this
Brown
between b a r g a i n e r s '
proposition.
explain,
power,
studies
"the
the less
greater
effectively
30
they in
are l i k e l y
other
t o be
words,
approximates
able
t h e more
one
to f u n c t i o n
closely
o f power
as
a unit.
the b a r g a i n i n g
equality,
t h e more
Expressed
relationship
bargaining
24 effectiveness
should
Following
increase."
this
having
line
of reasoning,
that
a party
tend
to behave i n a manipulative
bargaining
with
position.
The
has
a relatively
a party party
having
having
from
ability
powered
party
such
that
to o f f e r
maximum
a relatively
power
proportion
or i n f l i c t
responses
position
low b a s i c
basic
relationship.
rewards
can induce
power
expected
e x p l o i t i v e manner
a greater
the bargaining
greater
and
basic
the higher
the p o t e n t i a l to r e c e i v e
outcomes
high
i t c a n be
from
will
in power
position of p o s i t i v e
Through i t s costs,
the
i t s opposite
p o s i t i v e outcomes
c a n be
to the d e f i n i t i o n
of b a r g a i n i n g
higher
number
achieved
by
the
former. Returning two
important
concepts
relativity
and
party
have
relatively
power
p o s i t i o n s must
party
influence will
be
which
perceptibility.
determination. one
with
be
the choice by
power
words,
to t h a t
than
the b a s i c
of s t r a t e g i e s
party
taken,
to which
The
to a f f e c t power
but
the
are those that
another.
i n order
of the other
the extent
concerned
I t i s n o t enough
perceived
In other
relative
modified
greater
t o be
power,
one relative
strategy
p o s i t i o n of
will
certainly
that
influence
t h e power
differential
25 is
actually
perceived.
Chamberlain closely
associated
notes with
that
bargaining
the a b i l i t y
effectiveness i s
of a party
of
to
accurately
31
estimate
b o t h , i t s own
Chamberlain's
costs:"
agreement
then
the to
power
must
an
party's
effective
This
bargaining
power.
For
means, each
costs.
of i t s disagreement
e x a m p l e , assume
of
which
party
costs,
then
situation
i n Figure
9.
In t h i s
version,
however,
ceived
the p o s s i b l e
outcomes
to Party
B as
Figure
10
regardless
(p.28).
of what
strategy
o f 4.
merely
h i g h l i g h t s the success
true
tiate
position.
with
addition, rests Thus not a
Party
The
Party
A's
of P a r t y
result
B i n order
Party
A,
the greater through
i s that
to achieve
any
power
has
components;
A's
perception
power
c a n be
B's
basic
power
gain
as
per-
shifted
that
receive
a
false,
to
misrepresent
must
nego-
outcome.
reward
some
parenthesis
is
A now
the
illus-
believes
previously been
of the
A has
B will
t h e a.^b^
of that
now the
In
clearly case.
to Party
p o s i t i o n but
B,
through
position.
conceptually
power
in
tactics
Party
t h e e c o n o m i c component
A party's
Party
perception
further
B a s was
change i n i t s b a s i c
i n Party
component.
not Party
bargaining
Bargaining major
that
the o b l i g a t i o n to provide
with
change
fact
Party
order
influence
exists
A now
sustain
aware
can
shown
words, Party
i t chooses,
payoff
its
The
In other
be
of
agree.
in
i t can a l s o
trated
in
to
that
In
those
can best
must
party
2g
"dis-
exceed
however,
I f one
t h e same
lower
to the pressure
to the party
perception
position.
of disagreement
strategy
disagreement
power
i s a result
succumb
belongs
of disagreement.
prepare
other
power
I f the costs
the party
bargaining costs
i t s opponent's
model, higher
agreement
Thus
and
and
subdivided
into
two
the n e g o t i a t i n g
p o s i t i o n i s f o r t h e most
part
32
determined component high
by is
the
strength
strong
enough
of
i t s economic
to
place
basic
power
p o s i t i o n as
bargaining
power
advantage
any
input
from
the
the
basic
power
second
positions
of
i t is
negotiation
component
that
ponent power
is
which
also
in part
created
Each
own
influence
The power
is
will if
a
lower
i t i s known sanctions
support action
the
cost
during
management,
ing
losses,
then
on
The tiation
work a
the
This
power of
parties
the to
of
by
of
A
party
withstand
imposition
the
hand, would
to
union can
use
must
the
cannot
easily
maintain
point
is
discussed
component
of
bargaining
its
work
i t s opposite
union
is
bargaining of
management).
A
com-
strategies.
threat
the
ad-
have
p o s i t i o n than
If
the
bargaining
will
component the
which
are
power
which
to
in
negotiation
parameter
out
i f i t is
other
however,
bargaining
stoppage).
strike
of
the
prior
position differentials
carry
power
party,
effectiveness
degree
lock-out
management
advantage.
"economic
to
cases,
this
relatively
a bargaining
economic
i t cannot
(i.e. of
the
the
union,
the
choice
negotiation.
but
power
the of
basic
that
create
power
of
ability
( . s t r i k e by
have
nomic
factor
a party's
stoppage
basic
on
the
a
established
bargaining
largely will
In
two
in
When
i t s opposite
been
effectiveness
component
key
the
determines
through
utilized. unique
the
have
party
to
component.
equality,
It
compared
will
approaching
vantage.
one
component.
be
of
to
of
such
support
a major i n more
eco-
able
threat
overcome
party
a
strike
the
result-
bargaining detail
under
climate." second
component.
The
power
of
(.or
power
within)
the
is
the
nego-
negotiation
33 component
i s based
p r i m a r i l y on
the
ability
of
the
negotiator
27 to
manipulate
ponent
is
through
particularly
gaining
power
imately
equal.
the
manner
lish
or
the
use
such
i n which
cases
those
has
particular position
been
not
choices
discussed
strategy
is
may
perceived
tactics
which,
desired
perceptions.
unaffected
by
be by
to
basic
reinforce bargaining
As
certain tactics.
important
p o s i t i o n s when In
of
the
are
"inscrutable,"
a
previously, dependent other
party.
on
a
behaviour
commonly
hand,
friendship
negotiator
can
often
be
an
effective
a means
of
diminishing
to
the
power
as
higher
powered
To
summarize
of
the
thus
of
gaining
between
power
bargaining approach solving
process.
As the
i t has
The
is
r e l i a n c e on
the
bargaining
power
position will
basic
is
be
the
but
to
estab-
the for
or,
act
A
induce
usable
.power
II
proposed
that
being
powered party's
powered
the
on
integrative is are
of
barthe
perceived
to
problem-
alternatively,
in
relative
the
inequality in
potential for
exploitively
as
be
available 2 8 tactic).
influence
party
to
opposite lower
less
the
higher
a
positions
the
a
a
various
appearing
with
the
of
power
perceived
Class
been
are
to
s t r a t e g i e s designed
differential. to
help
a major
power
greater
tend
help
party's
There
tactic
p a r t i e s , the
bargaining
tactics
one
toward
greater
integrative bargaining,
the
power
two
approx-
how
may
Stevens'
parties
strategy.
equality, or
far,
bargaining
determination
Ca
party
of
bar-
effectiveness
associated
other
use
are
will
negotiator
the
to
of
the
may
On
party
choice
party.
example,
opponent's trait
the
executed
s u c c e s s f u l l y employed,
his
positions
com-
power p o s i t i o n s .
the
For
establishment
power only
This
the
greater
to r e - e s t a b l i s h a
relatively a party
in
high a
much
34 lower
power One
can
be
position.
final
used
stability
in
of
comment the
the
is
required.
negotiation
The
process
r e l a t i o n s h i p between
As
Rubin
and
Brown
to
break
the
bond
point of
out,
too
voluntary
degree
is
which
dependent
the
great
to
two
a
upon
parties
show
interdependence
of
power
involved.
power
that
the
is
will
tend
necessary
29 to
negotiation.
only
to
such
a
advantageous The by
the
both
parties
staying
However, best
to
are
outcomes
When
the
of
amount
greatly
of
the
party's
this
the
each
dependence
the
power)
is
s t i l l
one
find
determined
receive
party i t
in
large
As
long
better
relationship
as
outcomes
is
stable.
the
relationship
for
the
relationship
becomes
amount
that
by
relationship.
the
on
will
used
relationship.
will
significantly,
bargaining
economic
surrounding
important
to
stabilities bargaining economic
demand
that
on
be
of
one
usable
party
has
power over
its
(and, the
thus,
other
diminishes.
The
ment;
party
relationship
happens,
can
negotiating
r e l a t i o n s h i p , then
Economic
the
the
power
other
dependence
declines
unstable.
in
the
convinced
the
i f one
words,
that
remain
parties'
in
other
degree
stability
part
by
In
strategy of
the
for
of
labour;
and
the
society
inflation;
Not
the
demand
to
be
at
large:
th:e for
of
the
country
individual parties
of
Climate
climate
determination.
r e l a t i o n s h i p have
rate
Political
political
territories,
stablity
the
and
and
only
involved
accounted the
supply the
as
of
local
region,
a whole the
are
economic
in
any
particular
for,
but
also
level labour
products
of
of
the
unemploy-
compared labour;
to and
the so
35
on.
Equally
climate
important
at the time
ing
government
the
internal
parties ation
policy;
Economic
process
ments
negotiated
enhance
towards
little
summary
as
by
as
t o match other
of the union
the status
of e x i s t i n g
political
those
considerand
i n manipulating
o f t h e two
that
reflect
or labour that
or exceed
a s an
the bargaining
the
objectives.
those
unions
opinion;
into
definitions
are "defined
prevail-
do n o t t a k e
success
a party's
of
public
within
political
demand
m a r k e t s . !'
apply
and/or
and p r e s t i g e of t h e e x i s t i n g
on t h e
improve-
to maintain
institution
Polit-
pressure
the wage-fringe
i n order
factors.
or
to
extend
preserve
union
lead-.
31
ers."
Similar employers' For
little as
find
are "defined
leadership
strength
and
generated
c o n d i t i o n s i n the product
variables
,
of general
S t r a t e g i e s which
provides
variables
supply
union's
or
pressures
conditions will
Levinson
the
the d i r e c t i o n
political
Is the
the o r i e n t a t i o n
t h e i n f l u e n c e s and c o n s t r a i n t s ,
bargaining
ical
determination
of b a r g a i n i n g :
themselves.
economic
and
to strategy
the purposes
whether
environment,
will
economic
given
tend
pressures.
more
h e a v i l y on
paper,
involved
with
respect
t o be
I n some
reflective matters
matters
appear
to
employers
of both
within
matter
a
political
operating
concerning economic
the economic
to
are considered
institutions
Decisions
the decision-making
but i n other
operating
political
environment.
i t would
i n bargaining
institutions
or e s s e n t i a l l y
ical
pressures,
of t h i s
the p a r t i e s
an e c o n o m i c
strategy
c a n be
agents.
essentially
within
definitions
choices and
pressures
process
than
the
the reverse
will
he
of
politmay
weigh
political true.
What
36
is
important
to
influential For supply be
note
labour,
willing
to
wage
to
employment level.
be of
This
labour,
to
union
the
be
near
considered
would
unemployment
due
to
as
an
economic
theory,
wage
in
order
maximize
say,
the
rate
i s to
a point total
at
for
to
union
would
overshould the allow
due
to
increased
bill
would
be
at
the
union
can
that
labour, under
political
demand
which,
wage
impossible
to
unemployment
consumer
demand.
a
feat
a
maximum
accurately which
has
practical considerations.
theory,
the
that
wage
levels
ensure
that
a
leaving
the
by
reducing
in
labour
the
the
Labour
cost
reduce
reassess
market, to
product may
the
be can
be
union be
membership
maintained,
downward
the
result
shift
the
wage
shift
product, In
a negative
would
force
market
to
or
the
alter
and
latter
including
more
case,
producer
subse-
consumer
attracting
shift
the
possibilities,
attempting
price.
of
product
solution
perconsumers
a reduction
required. be
total
reduced number
i n one
of
essentially
employed
or
reduce
p r e s e n t l y employed. (and
the
negative
available
regard
cost
those
to
product
with
could
This
employer)
explore
union
be
to
That
l e a d e r s h i p to
quently
the
to
occur.
High
by
to
according
forcing
ed
lower
lowered
employed
either
a
equation.
already
ceptions
are
according
demand
case,
the
union,
of
In
(i.e.
both
high
elasticity
itself
in
of
course,
proven
not
the
time
of
the
would
a
assumes,
assess
any
in
accept
employment-wage the
i s that
determinants.
example,
of
here
i t s membership.)
In may
a
case
such
support
the
as
a wage
two wage
noted
ways: receiv-
above,
reduction in
3 7
order
to
maintain
employment. common major
in
the
This
response
situations
or,
in
employer
fact,
In
the
and,
consequently,
on
the
part
which
the
threatened
only
employer
of
in
their
labour
would
industry
the
local
own be
most
is
area
the
(.i.e.,
32 the
competition The
on
which
above both
duct
market
than
does
true
i n both
less
directly
often also
labour
example
Ross
has
a
and
the
illustrates
Dunlop
in
the
agree:
the
labour
latter
likely
business.
costs,
therefore, will
be
inversely
ment's
estimates
the
service.
This
proposition that
of
strategies
on
unions.
vagaries to
p u b l i c demand
of
shifts
Such
strategies
their
employer's
the
product
the
within to
a much
tend
resultant
economic
Perhaps
the
to
the
basis,
demand
labour
lesser
modify,
product
political would
to
market,
even
broaden
however,
as
the
cancel
the
be
perhaps most
labour
a
to
the
will
govern-
necessity
of
any
support
determination employers
they or
are
that
appear
to
than
to
narrow
concurrent
in
to
reduce
appear
as
costs
and
functions within
degree,
or
to
pro-
price"
i n f l u e n c e on
tend
the
appears
p r o p o r t i o n a l to
direct
in
labour
although
Pressure
and
points
p u b l i c employer
constraints, tied
and
few
of
This
variables affect
market,
supply
pressures
political
from
The
of
shifts
more
A
observation
economic
the
reduction
sectors,
"market
of
of
of
reduction 33
instance.
out
particular
go
one
market.
public
have e s t a b l i s h e d a
low).
price
i n f l u e n c e on
p r i v a t e and
in
not
is relatively
also
greater
oversupply
will not
for
the
relative market. affect
political
short-term,
the
pressures. greatest
is
that
of
pressure, peer
on
both
pressure.
an For
economic the
union,
and wage
38
rates
and
unions, terms a
fringe
benefits
particularly rival
acceptable
in
common
strategy
be
to
may some to
said
form
be
of
and
established in by
means
jection
of
the
afterall,
reflect
35
contours"
precedent.
the
of
by
from
union
membership
been
attained
may will
feel
Sloane
and
This
may
rates",
of
the
Dunlop;
What
labour of
appears
labour
force
be
pro-
precedence
"wage
for
i t
as
called
becomes
means
effect
comparison"
i t s leaders
price
in
(also
34
thus
by
other
minimum
in practice
segment
)..
fair
marketplace
functions,
Witney
on
the
by
the
does,
"comparative
constellations" by 37
Ross;
36
by
"wage
"comparative-norm
results
is
to
obtain
for
by
management.
the
them
pressure what
has
elsewhere.
pressure
the
the
a n a l y s i s " by 38
the
"Comparison"
While
Reynolds;
settlements
determine
interaction
coercive
"cluster
principle"
Peer
"going
r a t e s " by
"orbits
and
often
particular
supply-demand
competitive
Harbison;
of
demand
any
recent
agreement.
established in
supply
in
unions,
in bargaining.
be
largely
and
a new
achieved
can
economic
establish
a
new
also
be
pressure pattern
in
felt to
avoid
the
labour
industry.
An
employer
settlements As
Ross
which
states:
Comparisons are important to the e m p l o y e r , whose g r e a t est a n x i e t y , i n the a b s e n c e of i m p e r a t i v e economic p r e s s u r e s , i s to a v o i d " g e t t i n g out of l i n e . " One of the c a r d i n a l s i n s of b u s i n e s s conduct i s t o o f f e r a wage r a t e , o r a wage i n c r e a s e , w h i c h p r o v e s e m b a r r a s s i n g to other employers. In a p e r i o d of a g g r e s s i v e u n i o n demands, t h e r e i s a t i g h t e n i n g of d i s c i p l i n e i n the business community: " g e t t i n g o u t o f l i n e " b e c o m e s a s c r i m i n a l as grand larceny.39 Political public
opinion
particularly
pressures can
true
also
arising
determine
in public
sector
from
government
strategy
policy
choices.
bargaining.
and
This
Besides
is
giving
39
consideration be
somewhat
the
should
must
versus the
both
to
one
of
1947,
of
have
a
raising
the
was
As
a
result
the
by
a
desire
to
the
union avoid
gains
attainable
bargaining
example,
In
for
will
general
leanings
of
inter-
attainable
within
an
proceed. to
being
The
repressive
strategy
of
the
day
i n t e r a c t i o n with
American
level
in
government
legislation.
greatly
any
favour-
anti-union,
labour
was
Thus
factor
strongly
of
negotiations
more
important
be
each
negotiations.
as
of
influenced government.
In 1949, the U n i t e d S t e e l w o r k e r s of A m e r i c a were reasonably c e r t a i n t h a t P r e s i d e n t Truman would not a t t e m p t to i n v o k e the i n j u n c t i o n p r o c e d u r e s of the T a f t - H a r t l e y A c t a g a i n s t an o r g a n i z a t i o n w h i c h had g i v e n h i s p a r t y much n e e d e d h e l p i n t h e previous year's e l e c t i o n s . T h e a p p o i n t m e n t by T r u m a n o f a F a c t - F i n d i n g B o a r d w i t h p o w e r t o make r e c o m m e n d a t i o n s f o r a " j u s t and e q u i t a b l e s o l u t i o n o f t h e i s s u e s " g r e a t l y i n c r e a s e d the S t e e l w o r k e r s ' bargaining power. More
recently,
bypassed the
New
called
the
in
August,
employers'
Democratic for
the
upward
agent,
Agreement,
immediately
Labour
Board
Relations
agent
Party's
employers'
Relations
to
the to
not
sought the
Board,
Hospital
enter
Minister
adjustment
having
as
1973,
of
of a
into
Employees' an
number
participated in a determination
legal
however,
status
The
of
from
with
Agreement
wage
the
^
Union
"Agreement"
Health.
may
anti-
strategies,
be
considered
or
developing
threat
an
the
outside
can
itself
possibility
i f interpreted other
which, i n
pro-management
account
reality.
gains
or
ever-present
possible
than
continually
to
the
government
how
for
anti-union,
case
the
party
determining
or
become
possible
policies
able
in
assess
the
prevailing legislation,
parties
government
vention party
the
pro-union
management, of
to
levels.
creation the
of
The the
Labour
of
the
Agreement.
The
informed
the
employers'
agent
40
40
that
discussion
union
and
stated a
management
that
Social
regarding
the
Credit
public
opinion more is
high,
income But, union
sales
bargaining
can
party's
as
of
government.
or
period
of
decidedly of
venience result
in
work and the
often the
been
far
by
less
is
due
to
public
Both
this
writer
likely
"unjust" a
political a
a work
under
dispute
public
can
"labour
unrest,"
anti-union, at
also
due
be for to,
any
one
time.
having
little,
to
heavily
to
to
union
the
an itself
from
that
position.
opinion
abnormally
i f any,
management
placed
public
The
boy-
obviously
the
of
bargaining:
detrimental
to
the
part
product
sentiment
a
faith"
sector
have
pro-
cause
the
opposed
example,
allegiance.
to
(e.g.
to
in
long-term
on
is
an
a
"bad
This
damaging
expression
competition
also
of
be
public
say,
public
stoppage
could
unsettling effect
public's
is
as
employer of
to
public
acceptance.
of
consumer
response
labour
an
product
practices
in
as
in bargaining
publicity
occur of
in
sentiment
labour
separation
stoppages
climate
lead
shifts
similar
opinion
general
could
widespread
lengthy
a
interpreted
general
require
supportive
a
be
s t r a t e g i e s taken
s i t u a t i o n s can
i t represents
Public
"tabled."
interviewed
have
production
not
position for
in
been
s i t u a t i o n s i n which
stimulate
opinion
unenviable
number
in
i t may
government),
governing
turn
In
decline:
Similar
public
a
the
producer
policies
employer
cotts).
In
the
i n nature,
(i.e.
affect
s i t u a t i o n s i n which
damaging
if
to
can
However,
stoppage
loss
would
policy
fashions.
a
in
the
often
direct
had
government.
sentiment.
can
matter
representatives
Agreement
Government of
the
may
large
resulting
incon-
p u b l i c would
In
empathy
the
with
turn
41
out-of-work leaguered work
union.
stoppage
union it
could
of
and
The other
union, of
income
its
or
of
position.
issue
a
in
This,
general
capital
stoppage
long-term,
the or
or
of
and
order
period may
forceful
example, a
order,
small
a
by
enough, the
occurred
"labour"
no
of
to
government ending a l l
part
due
on
possibly
the a
net
or
wages
to
can
levy
to
against
lock-out). for
of
support
the
work
loss
the
of
product
multi-employer);
length- of
party
For
work
both
revenue market
permanent
saving
the
of
and
due
to
the
union
loss the
union
stoppage.
stoppage
the
i t s members,
potential depletion
cause
depending
single
operation);
the
in
one
strike
loss
itself,
resources
a work
on
means
union
during
in
effect
opinion.
(.1 • e.
the
for
be-
anticipated
were
back-to-work
stoppage
stoppage
as
the.
intervention
when
province,
for
negative
opinion
Columbia,
the
public
full
government
i s work
(^depending
For
(.either and
type
and the shortof
shut-down the
fixed
decreased
costs
oper-
costs. Thus,
greater
form
support
employer
i f public
sanction
bargaining:
ational
the
economic
membership
term
to
the
major
for
employer,
of
of
i f any,
case,
British
lock-outs
a work
union's
fact,
in to
a
accrue
union
1975,
pressures
the
such
not In
the
compelled
strikes the
may
little,
i n s t i g a t e some
August,
felt
and
In
strategy.
detriment in
workers,
with
damage
essential
that
the
during union
possibility a work
strategy
analysis
of
the
employer's
stoppage
is
anticipated.
that
stoppage be
based
economic Eowever,
than
in part
status the
the
cost
at to
may
suffer
employer, on the the
an time
i t is
accurate such
union
of
a a
42
strike
cannot
gained
through
a new
feited
income.
Any
more to
simply
important
to
i t s members.
be
contract gain
the A
position,
the
in
the
establishment
industry,
or
a
gaining
sessions.
for
the
union
its
economic
new
the
is
often
leadership
to
have
pattern
from case
continue
which of
other
union an
results increases
can
mean
increased
or
key
to
begin
prestige
strike
for-
monetary
the
movement,
new
a
for
dollars
through
immediate
labour a
of
lost
often
victory
of
basis
dollars
base.level
It
the
will
than
hard-fought
recognition
on
less
achieved
union
increased
the
calculated
power
bargain future
or
action
for bar-
saving^face
long
after
42 viability
During of
management
tain
offer
nomical" ual
in
is
demonstrates or
itive
in
indeed
fair
a
then the
i t often
attempt
of
threats
union
future.
It
and
of
of
focal
labour
i t has It
of
are
a l l , a
union
point
that
of
a
an
been.ineffect-
"esprit
i t
strength. not
show
to
of
de
cer-
"uneco-
c a r r i e s with
union
strike
i s , above
demonstration
that
labour.
that
the
continuation
shows management attitudes
becomes
convince
The
weakness,
open
to
one.
management
the
and
stoppages to
altering of
disappeared.
strategy
strike
inference
now
work
has
an
It
be
ignored
power,
corps,"
a
pos-
and,
43 most
important, When
ing
the
be
determination ticularly on
union
able
the
of to
toward
important scene
of
confidence
leadership
expectations
thereafter
union
a vote
been
i t s members
provide meeting
to
has
union
whose
a
in
to
the
union
successful a
given
leadership. in
level,
substantial display
those
expectations.
leadership
contract
where
already
manipulat-
of
This
there
is
approximates
i t must active is a
parrival
those
43
expectations: hour
more
ference
the
or
less
between
management
signing than
an
that
victory
strategy
as
to
matter
little
that
during
a
stoppage,
the
as
financial
compensated
for
by
of
wages
in
the
egies
the
summation,
strategies and
based
flation,
and
and
Marshall
not
obviate
loss
focusing
such
be
on
through
the
there
exists
attitude
the
that
analysis
recent
the
of
of
levels
of
strongly
sup-
the
new
i s more
than
gain
the
to
levels
settlements effect
strat-
unemployment,
constraints
union.
determinants
competitive
may
to lost
marketplace.
influences
economic
seems
be
wages
determinants
product
It
political and
political
effects
(.political)
Economic
in
a
just rival
the
per dif-
a
towards
comparative
as
to
membership
that
the
i t may
union.) re-earn
penny
spell
course,
never
said
parameters
competition note
to
can
differential
psychological
marketplace.
on
as
even.one
union
powerful
may
long
i t can
benefits
labour
a
for
COf
enthusiastic
The
effect
rival
a wage
workers
agreement.
In
a
weaken
p o r t i v e , , p o s i t i v e , and
contract
defeat.
offer
union,
work
a
of
and
to
attempt
of
in-
Cartter
change
but
of
market-
the
will
44 place.
Rees
"replacement wages;
of
rather,
groupings,
comments economic the
which
influenced
by
can
delay
by
such
forces or
and
determination factors
there
i s not
political
economic
Personalities The
that
likely
forces
are
redirect
in
to the
through
them
not
but
Perception
bargaining
strategies
as
party
objectives,
be
setting
filtered
Personality
of
ever
of
political
reverse
is
a
their
obviously
previous
party
44 experience,
power
pressures.
Perhaps
bear
chief
experiences
negotiators
strategic control,
will
their
affect
some
degree
actions
with
merely
also
how
newly
hired
having
strategies
i s perceived
with
which
to s i t a c r o s s customer,"
accordingly.
bargaining
level
the other
t a b l e
total
preconceptions
party
Here
i s shaped
becomes a l e s s associated
again,
i t
side.
F o r example,
is
but a
for his successful bargaining
associated. from
The
party
him p e r c e i v e s
with
likely
with
to
inter-
the process
him •
and g e a r s i t s
i f anxiety
to deal
parameters
affect
individual,
Furthermore,
i s usually
of near
conflict-oriented
a stubborn
of h a v i n g
party's
interpersonal
known
previously
t h e
their
tactics.
party.
say, i s best
he was
and
from
that
to
As t h e
personality
of the o t h e r
of t h a t
by
into
and b i a s e s ,
gained
brought
themselves.
as o t h e r
i n the highly
at the prospect
cooperative anxiety
perception
economic
t h e p e r s o n a l i t i e s and
input
o f both, s t r a t e g y
negotiator,
be a " t o u g h
raised
as w e l l
the experience
approach"
by
to the point
the p e r s o n a l i t i e s alone
environment
to
often
representatives
each
"hardline
much
prejudices
experience,
by
have
and
the i n f l u e n c e
of s t r a t e g y
process,
personal
party's
is
of the n e g o t i a t o r s
the choice
One
now
obvious
normally
planning
previous
not
less
on t h e d e t e r m i n a t i o n
previous
and
r e l a t i o n s h i p s , and p o l i t i c a l
levels
t h e new option
decreased
as
are
negotiator, increased
desire
to
. 4 6 interact. Differences to
take
gamble;
command,
in personality
to accept
individual
needs
Qe.g.
direction,
and b e l i e f s )
propensity
to accept shape
to
cooperate,
criticism,
th.e m a n n e r
to
i n which
45 people
perceive
studies to
concerning
bargaining
provide i
a
have
done
was
xn
this
a
closing
to
a
great
for
be
word,
extent
Merely
being
manner
i n which
more
by
more
study
Rubin recent
as
and
they
relate
Brown,
studies
the
and
being
as
in
to
the
environment
however,
that
have
more
consider
management.
In
as
personality
personality i t is
Douglas
representatives trustworthy
union
representatives,
themselves addition,
to
be
just
Douglas
as
states
is
noted,
influenced
influence shown
the
that
themselves
their
perceive
be
char-
perceived.
has
perceive than
also
Four,
negotiators'
"management" w i l l
representatives
suspicious
of
Chapter
i t should
i n which
is perceived.
union
of
However,
perception
or
assess
discussion
here.
"union"
and
presented
writer
detailed
a person
Management
of
this
the
honest
representatives
case
no
that
numbers.
those
Experimental
characteristics
the
presented
labelled
management
not
perceived.
numerous.
of
the
Thus,
will
as
being
are
area.
possible
acteristics
as
been
review
preparing
not
turn,
47
personalities.
both
not
.
In it
in
personality
concise
,
been
and,
opposite
themselves whereas
as
union
suspicious
as
that:
. . . (on) the b a s i s of t h r e e e v a l u a t i o n d i m e n s i o n s : (_good-bad, h o n e s t - d i s h o n e s t , trustworthy-untrustworthy) . . . ( t h e r e ) was the tendency f o r b o t h l a b o u r and management r e p r e s e n t a t i v e s t o t h i n k t h e o t h e r party p e r c e i v e d them i n a l e s s f a v o u r a b l e manner t h a n i t actually did.^8 Not tend the
to
This
feel
other
views
only
them
do
more
party's more
observation
the
negotiators
positive
about
negotiators,
negatively once
again
than
of
both
themselves
but
they
the
tends
to
union than
feel
other
the
party
mitigate
and they
management do
about
other
party
really
does.
against
the
possib-
46 ility
of t r u e
mutual
trust,
mutually
mutual
respect,
p o s i t i v e outcomes.
to
be
open
be
suspicious
and
If which
integrative bargaining,
cooperative
c a n be
used
(.called
will
feel
i f i t believes of i t s true
i s truly
process
a detexmination
A party
and u n t r u s t i n g
cooperation
and
as t h a t
desired
"attitudinal
requires
t o work
towards
somewhat
the other
reticent
party
will
motives. there
are c e r t a i n
s t r u c t u r i n g " by
tactics
Walton
49 and
McKersie
end.
Use
), to manipulate
of l a n g u a g e ,
used
by
the other
thus
making
less
threatening,
friendly other and
party
topics
dislike
of
the table
as
a final
positive
the t a c t i c
acceptable.
accurately
for a third
closer
party
together.
example,
tends
a party
to allow
interpersonal
perception
commonly
distant,
lends
on
a
of compliments
the f e e l i n g
that
group
f o r a more
interaction,
and
i t s actions
Discovering
to bring
of s m a l l
processes,
less
sessions
helps
this
discussion
Interpreted.
also
Use
appear
Use
to
thought
Informal
to n e g o t i a t i o n
allows
to that
of s i m i l a r
to the proceedings.
are being
greater
similar
use
using
prior
of approval
sentiments
muncation,
implies
and more
atmosphere
signs
mutual
f o r example,
the n e g o t i a t o r
"non-business"
personality perceptions
t h e two
a sides
discussions,
open and
flow thus
of a
com-
more
of p e r s o n a l i t y .
Institutional Characteristics The influence
manner
i n which
t h e manner
i n which
Such
factors
ship
of the n e g o t i a t o r
gaining
as t h e p a r t y ' s
system
a party
functions
i t presents
decision-making
to the party,
(.i.e. m u l t i - e m p l o y e r
internally
itself
externally.
process,
the s t r u c t u r e versus
single
may
the
of the
relationbar-
employer)
and
47
the
degree
party's
of
factionalism within
behaviour The
rank-and-file
multi-employer respective their To
each
In
to
the
in
r e s p o n s i b i l i t y appears
so say
and
particularly
strongly
influenced
that
organization
the
to
through
will
to
the
the
sets
the
the
members
only of
be
the at
as
therefore, decisionlevel.
grassroots
and
long
grassroots
leadership
goals
so
organization.
ultimate
union,
the
their
given
the
the
of
upon
organization,
rest
party
affect
demands
goals
which
for
by
and
similar
the
may
bargaining.
union
support
commitment
processes
party
during
place
represented
continued
reality,
are
association
are
develops
making
of
organizations:
goals
ensure
i t exhibits
the
that
the
decisions
i t is
fair
membership
follows. The
acceptance
ularly
for
as
rank-and-file
the
does
not
ship. the
the
receive
A
vote
the
Thus
important
the
relies
on
fewer
the
what
is
in
not
normally
unqualified a
confidence
In
determining
this
number
and
accept
in his
personal
bargaining,
however,
affordable there
of the
more
agreement
of
ability
the
leader-
is
a
to
sign
or
more
or
the
groups
splitting having
of
membership
becomes
an
to
their
similarly
association's
members
making
demands
accurately union
the
support
different objectives.
of
represent
assess
counterparts.
problem
of
faction-
5 1 alism,
that
behaviour.
its
exist
partic-
leadership
management
able
than can
of
any
status
bargaining
somewhat
however,
function
recommendation
knowledge
case,
and
and/or
parties,
of
a
(again,
recommendation
negotiator's
of
expertise
tenable
both
will
preservation in
settlement
largely
multi-employer
negotiators. are
proposed
also
lack
factor
Under
a
is
against
membership's
them.
For
union)
of
If
into the
two object-
48
ives
supported
become
known
prestige most
to
and
the
the
factions within
union,
approximate
bargaining
Weakness
in
i s perhaps
bargaining.
employer
is a
management
to
power
develop
work no
research
has
competitor,
rather
the
no
union
demands accept a
say
can
accepted whole
in
the
longer
himself impose
to
outcomes
against one
last
when
of
the
an
is
true
A
the
whip-saw."
any
The are
advantages many. in
hire
the
withstand each
to
costs
an
In
into can
bargained
of
a
addition
accepting be
but
forced
will
to
have
centrally.
has
some
While
the
employer
union
has
the
this
employer
business
action.
singly
higher
negotiators,
because of
to
Under
a
also
By
multi-
has
employer
agreement
in
that
employers
bargaining
faction-
individual
loss
company
small
unions.
the
the
better
about
a
for
to
to
as
strategy.
i s placed
and
worry
bargaining
whip-sawing, "giant
one
the
used
employer
bargaining
single
elsewhere.
offer
not
"whip-saw"
"patterns"
an
long-term to
be
considered
bargaining.
point
can
p o s i t i o n through to
example,
objectives
conquer"
its ability
has
than
Multi-employer advantages
to
about
union
industry-wide
and
management
last
worry
while
but
on
be
for
influence
whose
autonomy
capability,
This
to
of
employer
bargaining,
stoppages.
longer
loss
to
union,
could
drawback
effect
p o s i t i o n due a
the
"divide
drawback
single
attempt
management
The
negative over
a
management,
faction
of
This
major
second
multi-employer basic
the
an
the
those
of
the
employer
appreciable
of
strategy.
bargaining-equivalent
alism
then
acceptability
closely
union
by
fairly
major
protects
opportunity
i t i s meant
that
to
49 through
multi-employer
usually
with
particular that
jobs
job
titles
o f wage
large
i s one f i n a l
A union number
excluding
rival
the i n d u s t r y .
of
a rival
company
The
entering
major
support
to s h i f t
a
to
within of
degree
particularly
i n multi-employer
a much
sign higher
with
p r o b a b i l i t y of foothold
lessens
by
bar-
agreements
a serious
bargaining
tend
difficulty
Thus
union
with
t o a more
and r e s p o n s i b l e
involved
found
the chance
"picking
of m u l t i - e m p l o y e r
for a shift
to continue
Multi-employer mature
institution
f o r the union,
the industry
disadvantage
i s the increased
troublesome
the industry
employers.
establishing
Multi-employer
negotiations.
than
from
rates, for
necessitating
can simultaneously gains
wage
a standardization
thus
advantage t o be
attempt,
o f f " one
time.
rank-and-file
ship
which
unions
union's
at a
union
through
among
of employers
in
during
rates
to raise
i n any s i n g l e
c a n be done
i n d u s t r i a l . union,
gaining.
the
paid
will
throughout
and j o b c l a s s i f i c a t i o n s
uniformity
large
scale
This
There
a
or c l a s s i f i c a t i o n s ,
of the h i g h e s t industry.
a
the union
some m o d i c u m o f s u c c e s s ,
the
of
bargaining
t o be b e t t e r
and/or
leadership
strategies
bargaining form
and e x p e n s e
i n goals
tenable
may
approved
position
of bargaining,
of
getting
strategies
find by
i t less t h e member-
t o be
a more
and as s u c h ,
and more
for
i n mid-stream.
i s considered
informed
bargaining
parties
far-sighted i n
52 approach. gaining. to
Work
stoppages
In a d d i t i o n ,
influence
are fewer
multi-employer
t h e u s e o f more
under
multi-employer
bargaining
bar-
has the p o t e n t i a l
integratively-oriented strategies
50
through and
such
items
elimination
as
job standardization,
of working
condition
Party As
was
objectives ment tial
of
the union
however,
under
union
i s to achieve
equally
membership
clearly
wage
rates
important
outcome
of b a r g a i n i n g .
increase,
as
i n the b a s i c
duction ship
i n employment
i n terms
and
c a n be
a wage-employment
agree-
t h e two
benefits,
reduction
position be
of
involved.
including
as
t h e most
union
or
an
membership
the union.
explained
mismanagement
objective,
i n wages
by
poten-
factors
package,
interpreted
can g e n e r a l l y
of
wage-employment
fringe A
one
a t t r a c t i v e t o any
t h e wage
power
o f management's
primary
between
sees
to both
"insufficient"
53
the
and
The
balanced
increases
a reduction
inequities.
"economics,"
to the membership.
i s not
standardization
Objectives
s a t i s f a c t o r y to i t s membership additions
The
discussed
wage
by
A re-
union
and/or
leader-
technological
change. Other security
and
challenge, package,
major
objectives
establishment
that
of
of union
of a power
the employer.
are normally
membership
base
These,
the drawing
cards
to equal,
together of
include
job
or at
with
the union
least
t h e wage
i n the
first
54 place. real
I t i s through
( i . e . contractual)
membership accounts
union
that
they
strength,"
or p s y c h o l o g i c a l
the sense
f o r the s u r v i v a l of The
evidence
achieves
"collective
leadership
of
destiny
the union must
are c o n t i n u a l l y
as
provide
be
gains, control an
i t based
that
the
that
in
union part
institution.
the membership
increasing
on
their
power
with over
51 the
employees'
to
gain
as
hiring
motion
a
foothold
procedures,
be
settled
becomes in
the
in
as
classifications.
attempting
attracting
or
a
rival,
making
use
lusion
between
of
a l l cases
ness
of
a
to
may
an
be
the
rival
to
that
strengthening ensure must
including and,
of
to
such
df
imization) continued
this of
the
i s to
are
over
union,
"catch-up"
union
and
to
This
present specific
job
a means finding
strategy,
argument,
rival
clauses
clause.
p a t t e r n , as
the
expand
a "front-runner"
Another a
benefits.
first
unions
use
preference"
the
aspects
the
inflow
the as
a
a positive mean profit of
to
union.
of itself
possibly
implying The
l e s s e n the
a
the
and
integrity stable
to
the
col-
objective attractive-
or
position. of
and
the
be
rather
growth
i t public
power
institution,
p r o d u c t i v e work
maximization
(or proximate
of
dollars
at
to
Management
ratio..
or,
and/or
private,
cost:benefit
criterion,
supply
appears
promote
o r g a n i z a t i o n , be
viability
may
objective
union's:
maintain
ultimately,
industry,
to
a new
into
and
primary
the
i t s ongoing
strive
the
pro-
union.
Management's similar
decide
forced
promote
seniority
security
rival
attempt
procedures,
itself
of
union
support.
employer
i s to
One
when
establish
"employer's
demotion
union
will
decision-making
for jurisdiction
may
maintaining
behind
in
union
union
management
the
i s the
vying
the
a c t i o n s and
of
important are
A
of
organization.
agreement
i n d u s t r y and
Thus
policies,
objective
particularly
strategy,
areas
disciplinary
an
any
such
firing
primary
strengthen
environment.
on
policies,
The and
working
the
In
very
sufficient
force
private max-
least, to
the
maintain
52 the
company's
guidepost within
may
given
primarily
effect
the maximization
increase
orientation
important
administrative
control
standards,
firing,
present, wage
the union. management
differential
union
as a means
competitive reduce
extreme
power
cases,
a
strike
a
lengthy
may
In s i t u a t i o n s may
find
areas
often
over
as
adversely of
primary
the
loss
demand,
of
organization
would
strive
financing,
demotion,
ser-
expected.
to
product
discipline,
In t h i s
position
breaking
rival
o f a w e a k e r or more e f f e c t i n g a more
manner, management
may
may
i f i t feels
stoppage.
include
i n which
of the l a t t e r
advantages
management
also
accrue
attempt that
union
to allow
the union
a
cooperative powerful would
so that,
future I n more
the union could
and
hope t o
t o management. to force
or
unionism i s
i t a worthwhile s t r a t e g y
of n e g a t i v e l y
position, work
objectives
i n favour
union.
t h e power
bargaining
may
i s to avoid
authority
promotion,
management
and so o n .
Management's weakening
i s most
is
operation.
reduction
the union's
objective
i n such
management
which
of p r o f i t ;
to bargaining
of p o l i c y
potential
objective,
I n p a r t i c u l a r , management
hiring,
rules,
loss
decision-making
case,
increases
i s normally
management
i t spersonnel.
maintain
(.i.e.
equivalent
and s u c c e s s f u l
primary
any c o s t
the
of the s e r v i c e
a continuing
to r e s i s t
As wage
service,
In e i t h e r
t h e above
the o r g a n i z a t i o n
Another
work
limits.
with,
achieving
conflict
and
In p u b l i c
budgetary
wishes
vice). a
be
concerned
In usually
solvency.
not
into survive
53
To
sum
up:
. . . i f the o b j e c t i v e of the p a r t i e s i s t o f i n d a s o l u t i o n t o t h e i r m u t u a l p r o b l e m s on t h e b a s i s o f r a t i o n a l i t y and f a i r n e s s , t h e n e g o t i a t i o n s w i l l be c o n d u c t e d i n an a t m o s p h e r e q u i t e d i f f e r e n t f r o m one i n which the fundamental o b j e c t i v e of the union i s t o " p u t management i n i t s p l a c e , " o r where t h e c h i e f o b j e c t i v e o f t h e company i s t o weaken o r e v e n destroy the u n i o n . A l l t h e s e f a c t o r s , as w e l l as o t h e r s , will have a p r o f o u n d i n f l u e n c e upon t h e c o n d u c t of c o l l e c t ive bargaining.^5
Legislation As be
discussed
considered
may
become
preted
than
by
labour
allowing instead
as
wage
the embodiment
legislation
a party's
of c e r t a i n
tend
may
t o be
legislation
of democratic
members
votes
percent, gives
when
of employees
the union
Essential services public
and t h u s
affect
their
such
affect
bargaining
strategy.
The
discussion
i n this
labour
to
described
may
or
percent,
are
identified
be
to
organize
interpreted right
position.
to
A l l such
r e l a t i o n s e n v i r o n m e n t .and a s
section will
legislation
inter-
Legislation
union's
bargaining
the labour
be
opportunities
i n t e r e s t s of l i m i t i n g
weakening
be
principles,
i n a unit
greater
options
easier
may
thirty-five
legislation
will
i n which
only
can
governmental
controls
as wages
legislation
vention
i n that
and p r i c e
Right-to-work
certification
protecting
manner
climate"
as t h e l e g a l i z a t i o n , o f u n i o n - b u s t i n g .
expand.
strike
as
of f i f t y
union
as a r e s u l t
anti-labour
prices.
management
"political
determinant
F o r example,
by
and
limited
as somewhat
control
as
a strategy
more
decisions.
under
allows
i n the r e s o l u t i o n of b a r g a i n i n g
focus
only
on t h e
for third-party
disputes
inter-
(.i.e. i n t e r e s t s
5 4
disputes).
More
will
specifically
relate
There vention:
so
are
than
Mediation reach
of
a
and
(or
party.
i n v o l v e d , and,
strategy
in
mediator.
on
the
parties
of
xn
delay
turn
almost
In may
exist.
takes an
the
adhoc
In
basis
finder"
in
attempts can
be
for
only but
present the
public
made
and
power of
major more
Columbia
only
Columbia.
inter-
public
and
These
determine have
than
one
activities
the
two
strategy
in
parties
determining before effect
cases
minor
Inquiry are
the
level
second
where
issues
of
level
which
mediation of
mediation
Commission.
particularly Commission
Utilized
important
acts
as
n e g o t i a t i o n s but
"facts" of
the
on
factors
appear
which
are
often
support
to
be
"fact-
Inquiry the
as
parties
to
or
settlement
form
intended
both
a
basis
inducemust
their
inoffensive
has
been
suggested,
however,
that
the
not
demands to
interests. It
on
also
a
Industrial
subsequently
arguments
must
parties
a modifying
useful
r e s p o n s i b l e b a r g a i n i n g as
themselves
two
agreements.
mediates
analyze
by
factors
settle
Inquiry
well-documented
demands
i s made
can
this
which
for
moderating
same
cannot
recommendations
agreements.
f o r more
the
Industrial
i t not
third-party
the
particularly
Industrial
The
are
imposed
ments
an
reveal
based.
Commission
such,
in disputes
the
that
to
of
in British
i s a means
mediation
be
equal
British
of
agreement
situations,
form
problematic,
as
acceptance
some
types
discussion
arbitration.
as
i t can
the
services
n e g o t i a t i o n s would
However,
parties,
two
final
directly
a
essential
agreement through
The
direct
sections,
conciliation)
a voluntary
third
to
essentially
mediation
to
in previous
Industrial
55 Inquiry
Commission,
negates
the value
degree
dependent
(particularly tiation the
as a s e c o n d
of the f i r s t on
Industrial
level
the p o l i t i c a l
public
i n order
level
employers)
to argue
Inquiry
from
of m e d i a t i o n , of m e d i a t i o n .
climate,
may
To
some
the b a r g a i n i n g
purposely
uncompromised
Commission,
somewhat
avoid
early
positions
thereafter
parties
t o have
nego-
before the
Com-
58 mission's is
Report
subsequently
Report
may
be
In unions
in
t o be
both
binding
general,
may
be
have
is,
nonetheless, The
used
a degree
integrative
and
appoint
Commission's
Under
a
a Special
Mediator
f o r an
to negotiate
imposed
instance,
arbitration
services whose binding while
a settlement,
introduced
into
claim
care
settlement
for essential
the l a t t e r
impedes
and h e a l t h
to invoke
as t h e b a s i s
since
agreement
to the
firefighter,
of compulsion
and
form,
reaction
In a d d i t i o n ,
of compulsory
process
I f an
of the award.
to strike
the opportunity
critics
bargaining
public
police,
( i . e . "med-arb").
parties
a more
Columbia,
the r i g h t
knowledge.
factor
t h e M i n i s t e r may
the
the
imposed,
arbitration.
recommendations agreement
public
a determining
British
have
through
become
there
the
system,
i t destroys
any p o s s i b l e e v o l v e m e n t
the d i s a g r e e i n g p a r t i e s
are
into never
59 faced Task begin once
with
the f u l l
cost
of t h e i r
Force
reported
that
n e g o t i a t i o n s dwindle
to r e l y parties
on have
arbitrated used
disagreement.
awards.^
arbitration,
A as
Research
there
exists
the
Canadian parties
h a s shown a low
that
probability
61 of
settling
sory in
i n the f u t u r e without
arbitration,
good
faith
as
the p a r t i e s concessions
may made
arbitration. feel prior
less
Under
compelled
to a r b i t r a t i o n
compul-
to bargain would
56
negatively
effect
The less
when
the
resulting
degenerating
arbitration
"compromise"
effects
i s used
on
award.
bargaining
either
6 2
appear
voluntarily
or
to
be
with:
"at
6 3 least
the
appears the
tacit
a
"med-arb"
collective
compulsory
(as
pressure
of a 64 ltration).
summation, in
can
These
occur.
strategy
strategies to
useful may, on
in the
ducing
that
choices
two-tiered
order
the
parties."
may
best
process
that
deadline
determinant
or
approach
in
in
both
for
avoid
while
i t combines
Industrial
Furthermore,
still the
(.as
erosion
to
its
bargain
Commission) in
of
maintaining
pressure
Inquiry
settlement
the
i t
with
compulsory
the
arb-
s
In
the
of
bargaining
aspects
responsively
.
support
at
bounds of
the
the
final
long
bargaining a more
one
may party
of
risk
of
legislation within
considered
than
more
the
other.
may
invoke
negotiation
in
"bargaining
Use
compulsory
of
relationship
for
approach
reduce
i t s best to
which
is
a
In
on
the
particular,
stalling early
points"
strategies stages
party's
outcomes,
negotiations.
in
potentially
arbitration, a
strategy
bargaining
limiting
the
losing
substantially
distributive
that
bounds
mediation
tier.
term,
said the
be
non—commital
avoid
the
be
i t creates
system of
i t may
lastly,
dependence thus
in-
57 Footnotes-
- Chapter I I
1.
H o s p i t a l Employees'. U n i o n , L o c a l 180, Recommendations f o r Change i n Health- Care D e l i v e r y and H o s p i t a l O p e r a t i o n (Vancouver), May 1 9 7 3 , p . 5 2 .
2.
"A W e l c o m e A p p o i n t m e n t , " September 1974, p.4.
3.
S t a t e m e n t made t o t h i s w r i t e r d u r i n g i n t e r v i e w w i t h a p e r s o n n e l o f f i c e r of a l a r g e Vancouver h o s p i t a l . Name withheld at his(her) request.
4.
F r e d e r i c k H. H a r b i s o n a n d J o h n R. C o l e m a n , G o a l s a n d S t r a t e g i e s i n C o l l e c t i v e B a r g a i n i n g (New Y o r k : Harper & Bros., 1951), pp. 111-12.
5.
C L . Gruder, " E f f e c t s of P e r c e p t i o n of Opponent's B a r g a i n i n g S t y l e and A c c o u n t a b i l i t y t o Opponent and P a r t n e r on I n t e r personal Mixed-Motive Bargaining," D i s s e r t a t i o n Abstracts, 2 9 ..'(•1969).., p . 4 5 5 5 - 5 6 ; C. L . G r u d e r , " R e l a t i o n s h i p s w i t h Opponent and P a r t n e r i n M i x e d - M o t i v e B a r g a i n i n g , " J o u r n a l of C o n f l i c t R e s o l u t i o n , 1 5 , No. 3 (.19 71), p . 4 0 3 - 1 6 .
6.
R i c h a r d E . W a l t o n a n d R o b e r t B. M c K e r s i e , T h e o r y o f L a b o u r N e g o t i a t i o n s (New Y o r k : and Coleman,
The H o s p i t a l
Guardian,
A Behavioral McGraw-Hill,
1965).
7.
Harbison
8.
R i c h a r d S. C o l e m a n , P r o c e s s C h o i c e i n t h e R e s o l u t i o n o f L a b o u r Management R e l a t i o n s P r o b l e m s , M.Sc. T h e s i s i n B u s i n e s s A d m i n i s t r a t i o n (Vancouver: U n i v e r s i t y of B r i t i s h Columbia, 1977) .
9.
Walton
and M c K e r s i e ,
op. c i t . , p. 89.
op. c i t . , p.
41-45.
10.
C a r l M. tiation
Stevens, S t r a t e g y and C o l l e c t i v e B a r g a i n i n g (Toronto: M c G r a w - H i l l , 1963), p. 21.
11.
Coleman,
op. c i t . , p . 34.
12.
Stevens,
op. c i t . , p. 21.
13.
J e f f r e y Z. R u b i n a n d B e r t R. B r o w n , T h e S o c i a l Psychology o f B a r g a i n i n g a n d N e g o t i a t i o n (New Y o r k : Academic Press, 1975), p. 263.
14.
Rubin
15.
A r t h u r M. R o s s , T r a d e U n i o n Wage P o l i c y o f C a l i f o r n i a P r e s s , 19.48), p p . 6 3 - 4 .
16.
Stevens,
and Brown,
Nego-
o p . c i t . , p . 24
op'.' c i t . , p . 2
(Berkeley:
University
58 17.
H a r o l d M. L e v i n s o n , D e t e r m i n i n g F o r c e s Wage B a r g a i n i n g (New Y o r k : John W i l e y
i n Collective & Sons, 1 9 6 6 ) ,
18.
Ross John
Conflict
19.
Ross S t a g n e r and H j a l m a r Rosen, P s y c h o l o g y o f U n i o n Management R e l a t i o n s ( B e l m o n t : Wadsworth P u b l i s h i n g , p. 130.
Stagner, Psychology of I n d u s t r i a l W i l e y , 1956), p. 291.
T. D u n l o p , Wage D e t e r m i n a t i o n U n d e r York: A.M. K e l l e y , 1 9 5 0 ) , p . 7 8 .
York:
1956),
20.
John (New
21.
J o h n W. T h i b a u t a n d H a r o l d o f G r o u p s (New Y o r k : John
H. K e l l e y , T h e S o c i a l W i l e y & Sons, 1959).
22.
Rubin
p. 221.
23.
Ibid.,
pp. 213-29.
24.
Ibid.,
p. 223.
25.
Walton
and M c K e r s i e ,
26.
Neil (New
27.
Stevens,
28.
T h i b a u t and K e l l e y ,
29.
Rubin
30.
Thibaut
31.
Levinson, op.-cit.,
32.
J o h n T. D u n l o p , I n d u s t r i a l R e l a t i o n s H e n r y H o l t & Co., 1 9 5 9 ) , p . 64.
33.
Ross,
34.
L l o y d G. R e y n o l d s , " T h e I m p a c t o f C o l l e c t i v e B a r g a i n i n g on t h e Wage S t r u c t u r e i n t h e U n i t e d S t a t e s , " The T h e o r y o f Wage D e t e r m i n a t i o n , e d . J o h n T. D u n l o p (New Y o r k : M a c M i l l a n & Co., 1964).
35.
H a r b i s o n and Coleman,
36.
Ross,
37.
Dunlop,
38.
A r t h u r A. S l o a n e a n d F r e d W i t n e y , L a b o u r R e l a t i o n s , CEnglewood C l i f f s : P r e n t i c e H a l l , 1972), p. 261.
and Brown,
op. c i t . ,
op. c i t . ,
Trade
(New
p . 7.
Unions
Psychology
p. 60.
W. C h a m b e r l a i n , A G e n e r a l T h e o r y York: Harper & B r o s . , 1955).
of Economic
Process
o p . c i t . , p . 3.
and Brown,
op. c i t . ,
and K e l l e y ,
op. c i t . ,
op. c i t . ,
op• c i t . ,
pp. 120-23.
p. 197.
op. c i t . ,
p. 119.
p. 13.
p. 55; D u n l o p ,
op. c i t . ,
Systems
op. c i t . ,
(New
York:
p. 145.
p . 94.
p. 53.
op. c i t . ,
pp. 95-121. 2nd e d .
59 39.
Ross,
op.
40.
Ibid.,
41.
H a r b i s o n and
42.
Ross,
43.
S t e v e n s , op.
44.
A l l a n M. C a r t t e r a n d F . Ray Wages, Employment and T r a d e Dorsey L t d . , 1972).
45.
A l b e r t R e e s , The E c o n o m i c s o f T r a d e U n i v e r s i t y of C h i c a g o P r e s s , 1962),
46.
I . S a r n o f f a n d P.G. Z i m b a r d o , " A n x i e t y , F e a r , and S o c i a l A f f i l i a t i o n , " J o u r n a l of A b n o r m a l and S o c i a l P s y c h o l o g y , 62,N6.2(1961), pp. 356-63.
47.
Rubin
48.
R o n a l d Lew D o u g l a s , A L a b o r a t o r y S t u d y o f t h e Labor-Managem e n t B a r g a i n i n g R e l a t i o n s h i p , M.A. Thesis i n Psychology (Vancouver: U n i v e r s i t y of B r i t i s h Columbia, 1970), pp.59-63.
49.
Walton
50.
Ross,
51.
Walton
and
M c K e r s i e , op.
52.
Sloane
and
Witney,
53.
H a r o l d W. (Englewood
54.'
H a r b i s o n and
55.
Sloane
56.
K u r t B r a u n , L a b o r D i s p u t e s and Johns H o p k i n s P r e s s , 1 9 5 5 ) , p.
57.
Loewenberg, G e r s c h e n f e l d , G l a s b e c k , H e p p l e , and W a l k e r , Compulsory A r b i t r a t i o n : An I n t e r n a t i o n a l Comparison (/Toronto: L e x i n g t o n Books, 1 9 7 6 ) , p. 51.
58.
Braun,
59.
H e r b e r t R. N o r t h r u p , C o m p u l s o r y A r b i t r a t i o n a n d G o v e r n m e n t I n t e r v e n t i o n i n L a b o r : D i s p u t e s ( W a s h i n g t o n , D.C.: Labor P o l i c y A s s o c i a t i o n , 1 9 6 6 ) , p. 183.
p.
op-,
and
and op.
and
op.
c i t . , p.
5 0-51.'
30. Coleman,
c i t . , p. cit.,
Brown,
op.
p.
op.
p.
p.
126.
48. 8 7. M a r s h a l l , Labor Economics: Unionism (Georgetown: Irwin-
c i t . , pp.
M c K e r s i e , op. cit.,
cit.,
Unionism p . 64.
174-94.
cit.,
pp.
cit.,
p.
222-68.
39.
op.
cit.,
p.
288.
154.
Davey, Contemporary C o l l e c t i v e Cliffs: P r e n t i c e H a l l , 1959), Coleman,
Witney,
cit.,
p.
(.Chicago:
op.
op.
cit.,
cit.,
p.
p.
Bargaining pp. 93-94.
110.
183-84. their 53.
Settlement
(Baltimore:
81
60
60.
D o n a l d Brown, I n t e r e s t A r b i t r a t i o n : Task F o r c e Relations, S t u d y No. 18 COttawa: Privy Council 1 9 6 8 ) , p . 26 .
61.
J o h n C. A n d e r s o n a n d T h o m a s the D u a l Impasse P r o c e d u r e s of Canada," I n d u s t r i a l arid ( A p r i l 1977 ) .
on L a b o u r Office,
A. K o c h a n , "An E x a m i n a t i o n o f i n the F e d e r a l P u b l i c Service L a b o r R e l a t i o n s R e v i e w , 30, No.
62.
D e r e k C. Bok a n d J o h n C o m m u n i t y (New Y o r k :
63.
Mark Thompson and James C a i r n i e , " C o m p u l s o r y Arbitration: The C a s e o f t h e B r i t i s h C o l u m b i a T e a c h e r s , " Industrial a n d L a b o r R e l a t i o n s R e v i e w , 2 7 , No. 1 ( O c t o b e r 1 9 7 3 ) .
64.
Bok
and
Dunlop,
op.
T. D u n l o p , L a b o r arid t h e A m e r i c a n Simon and S c h u s t e r , 1 9 7 0 ) , p. 237.
c i t . , p.
333;
Stevens,
op.
c i t . , p.
101.
3,
61
CHAPTER I I I :
BACKGROUND TO
THE
H.E.U./H.L.R.A. MASTER
Hospital In average even
a
cause
the
hospital
hospital's relatively
a
large The
presently social
modest
increase
costs
in
more
where
budget
increase the
involved
consume
E c on o'm 1 c s
industry,
operating
of
AGREEMENT
is
in
total
in
the
the
eighty
percent
allocated
the cost
wages of
to
provision
of
these
costs
are
the
payroll,
employees
hospital
than
still
will
care.
health
p r o v i n c i a l budget
service"'"; f u r t h e r m o r e ,
to
of
care any
other
rising
at
This,
of
2 a
faster
course,
than
i s not
Canada risen
rate
and to
a
the
the
the
costs
phenomenon
United
point
where
of
the
Gross
fifteen
twenty
years
Historically, increases This
was
in
dominantly price ern
for
female) labour.
h o s p i t a l has
technology.
As
at
been one
they
now
to
service.
British service
are
National
more
Product
Columbia.
In
expenditures
than
spent
double on
both
have
the
health
services
ago. attempted
expenses in
the
the
to
to
minimizing part
less
last
subject
doctor
by
most
somewhat
Over
other
health
hospitals
operating
accomplished
any
unique
States,
proportion to
of
few
by
than
wage
hiring the
decades,
extremely
recently
minimize
large
increases.
workers
(pre-
p r e v a i l i n g market however,
rapid
the
changes
reported:
( A t one t i m e ) , when my p a t i e n t d e v e l o p e d k i d n e y f a i l u r e , the: m o s t 1 c o u l d do was t o r e l i e v e some
in
mod-
62 symptoms w h i l e he d i e d . Today h i s l i f e and r e a s o n a b l e h e a l t h can be m a i n t a i n e d i f he e n t e r s i n t o a d i a l y s i s p r o g r a m r e q u i r i n g ' t h a t he be t r e a t e d on an a r t i f i c i a l k i d n e y about t h r e e h.alf days p e r week C c o s t i n g about $16,000 p e r y e a r ) or have a r e n a l t r a n s p l a n t o p e r a t i o n C c o s t i n g maybe the same amount but f o l l o w e d by c o n t i n u o u s c a r e f u l t r e a t m e n t to p r e v e n t r e j e c t i o n and f a i r l y f r e q u e n t re-operation).^ These advancements with
an
pital.
upgrading
of
Hospitals
now
the
the
that
services
factors
rising to
the
Labour organization industrial among the
high
e s c a l a t i o n of
somewhat
sector.
By
in ing be
most
later
used
in history
organized
and
the
hosde-
virtue
surprising
so
than
major
the
contributory
costs. began moving
than
did
labour.
towards
labour
in
Each
f o r the
best
as
bargaining
Across
the
Canada, non-
i n t e r n s were a l l c a l l i n g
common demand was
others new
care
the
competence by
wages, f a r more
health
by
industry
entirely
have been
matched
mid-1974, however, h o s p i t a l w o r k e r s were
"private" industry. the
employee
hospital industry
most m i l i t a n t of
The
of
t o be
employed
Intensive
Thus i t i s not
demand f o r c a r e ,
medical workers, nurses, action.
a labour
s a l a r i e s and
i n the
have had
of p e r s o n n e l
level
performed.
rapidly rising
public's
level
comprise
manding a r e l a t i v e l y of
i n technology
of
for
for "catch-up" with
the
workers
h o s p i t a l u n i o n s were
patterns
positions.
t o emerge so
that
strike
watch-
they
could
5
In 1974, C a n a d i a n w o r k e r s s t a g e d more man-days on s t r i k e p e r c a p i t a t h a n w o r k e r s i n v i r t u a l l y any other w e s t e r n c o u n t r y e x c e p t I t a l y ; and, C a n a d i a n wage i n c r e a s e s f o l l o w i n g c o n t r a c t d i s p u t e s r a n at n e a r l y t w i c e t h e l e v e l of A m e r i c a n c o n t r a c t s e t t l e m e n t s i n 1974 .... The l e a d e r s h i p came from t e a c h e r s and h o s p i t a l workers.^ During hospitalization
the
1930's, B r i t i s h
expenses
arising
C o l u m b i a began t o
from
the
care
of
subsidize
indigents.
63 In
addition,
in
amounts
operating in
equal costs.
the
financing A c t was
tax.^
Compulsory passage
secured
percent
health
patient This no
within
care
care,
latter
contact
including
maintains
hospital
ranging
from
collective
the i n d i v i d u a l employers.
little
control
B.C.H.P),
available are
over
who
dollars
not usually
therefore effect
often
received
has l i t t l e
o f a n y wage There
involved
at the time
are five
major
i n the h o s p i t a l
new
pattern
is left
one
costs
and
(B.C.H..P.) a
with
programs f o r
guidelines.
B.C.H.P. All up
strictly
the h o s p i t a l
has
knowledge
of b a r g a i n i n g
t o and
i n t h e hands unions are
to estimate
are
who
has
established
of the next (as approved
until
absolute
employee
an e m p l o y e r
(as these
by t h e h o s p i t a l s
increases
sales
on t h e p r o v i s i o n
to approve
budgets
opportunity
by
(B.C.H.I.S.),
administration
Thus,
has l i t t l e
In
finances
Programs
influence
of bargaining
operating
Act.
operating
organizations.
bargaining,
i n the p o s i t i o n
care"
notwithstanding,
personnel
introduced
established
t h e Fund
staffing
labour
was
total
of the p r o v i n c i a l
Service
i t s authority
consideration
of
Health.
a direct
and t o e s t a b l i s h
placed
by
of
Fund
Hospital
Insurance
the M i n i s t r y
through
with
relations,
of
through, t h e p r o c e e d s
by B r i t i s h . C o l u m b i a
percent
Insurance
Insurance
"health
to hospitals
insurance
i n B r i t i s h . Columbia,
B.C.H.P. of
twenty-five
of the H o s p i t a l
t h e B.C. H o s p i t a l
department
available
hospital
of h o s p i t a l s '
administered
formerly
grants
of the H o s p i t a l
Presently,
hundred
made
to approximately
1948, t h r o u g h
1954,
Is
the Province
years' budgets
mid-year),
and
t h e employment
granted. unions
Industry
or employee
in British
associations
Columbia.
They a r e
64
1.
Hospital
Employees'
ninety-nine 2.
Registered members
3.
4.
Nurses'
working
Association
i n acute
Union
twenty-eight
Health
Local
180
(.22,000 members i n
hospitals)
International in
Union,
Science
care
of B r i t i s h
Columbia
(.7,500
hospitals)
of Operating
Engineers
(.160 members
hospitals) Association
(.3, 200 members
i n ninety-six
hospitals) 5.
Professional members
Each
i n eight
The
salary eight
monthly
week
this
decade
i n which
percent.
of B r i t i s h
By
of l i v i n g
Columbia
and
and
Columbia earned
a
1956, l a r g e l y
basic of
forty-
through
percent
index by
of d o l l a r s increase
rose
only
Employees' into
the realm
i n an a w a r e n e s s
by
received a
Nurses' as
but rather Union,
the
forty-three
the Registered
union,
union
during
(.R. N . A. B . C . ) , a c t i n g
union
bargains
associations.
consisted
In terms
or a trade
resulted
(.350
t o $240 p e r m o n t h w h i l e
n o t made
of the H o s p i t a l
soon
of which
hours.
of the " s e r v i c e "
nursing
week
hours.
were
unions
i n Vancouver
increased
association
division
advances
gains
teams
of B r i t i s h
a ninety-two
the cost
These
professional
sional
nurse
to forty
represented
Association
nursing
working
salaries
decreased
alone,
The
Association
1946, a g r a d u a t e
to f i f t y - t w o
negotiating
of the o t h e r
o f $125 p e r m o n t h , e a c h
effort,
a
h a s i t s own
Nurses'
and I n t e r n s
hospitals)
independently
Registered In
of R e s i d e n t s
teaching
one o f t h e a b o v e
with, management
work
Association
by t h e
Local of
the
either
180.
profes-
profession
65
for
t h e need The
Canada
Hospital
their
labour
R.N.A.B.C. became t h e f i r s t
to secure
cessfully
certification
i n Vancouver
i n 1946.
was t a k e n
trade unionism
directly
into
relations
nurses'
for collective
n e g o t i a t i n g an agreement
association of
to b e t t e r organize
association in
bargaining,
f o r the nurses
This action i n response
by t h e n u r s e s ' t o t h e impingement
t h e p r e v i o u s l y " s a c r e d " t e r r i t o r y of
The j u r i s d i c t i o n a l
positions
by t h e H o s p i t a l E m p l o y e e s ' U n i o n
until
1956 when t h e u n i o n
lost
d i s p u t e over
the graduate
R.N.A.B.C. p r e s e n t l y r e p r e s e n t s registered in
other
nurses
i n public
h e a l t h care
hospitals
facilities,
ing
association,
of r e g i s t e r e d
the n u r s i n g continued
nurses
t o R.N.A.B.C..
approximately
7,500
and an a d d i t i o n a l 2,500
including
m e n t a l h e a l t h c e n t r e s , and p r o v i n c i a l fessional
suc-
at S t . Paul's
professionalism. covered
function.
public
hospitals.
health
units,
As a p r o -
R.N.A.B.C. i s r e s p o n s i b l e f o r t h e l i c e n s -
nurses
throughout
British
Columbia.
9 Health The union ical
Sciences Health
Sciences
employees
first
lations behalf
of p u b l i c
certified
Board
Vancouver
of B r i t i s h
and paramed-
Columbia,
of v a r i o u s other h e a l t h
Columbia
By t h e t i m e
plus
agencies.
by t h e L a b o u r Re-
i n 1971, H.S.A. b a r g a i n e d
h.eads i n o n l y
i n North. V a n c o u v e r ;
City).
in British
as a b a r g a i n i n g agent
of the department
Gate H o s p i t a l ,
3,200 t e c h n i c a l
hospitals
100 employees
Columbia
A s s o c i a t i o n (H.S.A.) i s a t r a d e
representing approximately
approximately When
A s s o c i a t i o n of B r i t i s h
two h o s p i t a l s
S t . Paul's
of the s t a r t
on
(.i.e. L i o n s
Hospital, i n
of n e g o t i a t i o n s
66
for
the
1978
throughout
agreement,
the
province
H.S.A. of
hospital
bargaining desirous most
of
Union, ent
for
Local
labour
half
of
their
joining
their
members
were
heads.
own
same
departmental 180).
They
relations
paramedical
any
they
instead
a s s o c i a t i o n to technical
short
terms
to
include
by
time
of
a
were
small
unit
to
that
means
not
Employees'
establish
an
independ-
bargain
having
on
be-
supervisory
a s s o c i a t i o n expanded
"persons
of
represented
Hospital
employees
number
nonetheless
collectively
the
any
H.S.A.
organized
C i . e • the
staff
In
reference
Lacking
moved
and
ninety-six hospitals
efforts
bargaining
responsibilities. of
the
interests,
the
of
represented
o r i g i n a t e d through
department
of
staff
engaged
in
its
health
„10 science
professions The
U.S.A.
in
ployees' the
direct
former
paramedical
was
a number
also
staff
of
union.
power
Columbia
block
of
viewpoint;
given
the
other
membership
by
the
the
In
Union
fact,
keep
E.E.U.'s
chipping
technical
H.E.U..
This
may
however,
H.E.U. p o i n t s clear
be
the
out
that
of
the a
for
a claimed
B.C.H.A.
unions
in
potential
rather
wage
disincentive
the
rival
at
considered to
the
and
subsequently
main
away
by
addition,
heads)
i t was
claimed
Em-
i n t e r p r e t e d as
representative
a means
of
to
department
as
a
In
placed
Hospital
personnel
latter.
move
establishing
as
the
a s s o c i a t i o n ) was
in
unions
eligibility
with
technical
(/particularly
employees"
instrumental
of
employers'
supportive
of
f o r members
claimed
a H o s p i t a l Employees'
British
tic
as
were
b e i n g somewhat
by
competition
( i . e . the
"service
occupations.
revised definition
Union,
B.C.H.A.
or
simplis-
differentials employees
67
F i g u r e 11
GROUPS INCLUDED IN HEALTH SCIENCES ASSOCIATION March 10, 1976
1.
Audiologist-Technician
21.
Nuclear Medicine
2.
Bacteriologist
22.
Occupational
3.
Bio-Chemist
23.
Orthoptist
4.
Bio-Medical
24.
O r t h o t i s t and T r a i n e e
5.
Cardiology
25.
Pharmacist
6.
C l i n i c a l Chemist
26.
Physics
7.
Computer Programmer
27.
Physiotherapist
8.
Dietitian
28.
P s y c h i a t r i c Nurse
9.
Electrocardiograph
29.
Psychologist
30.
Psychometrician
31.
Pulmonary F u n c t i o n s
32.
Radiological
Electronic
Technician*
Technician
Technician
Therapist
Technician
10.
Electroencepholograph
11.
Electromyograph
12.
Electronystagmography
13.
Infection Control Officer
33.
Radiotherapist
14.
Librarian
34.
Recreational Therapist
15.
Librarian
35.
Remedial Gymnast
16.
Masseuse
36.
Respiratory
17.
M e d i c a l Records L i b r a r i a n
37.
Speech P a t h o l o g i s t
18.
Medical
38.
S o c i a l Worker
19.
Mold Room T e c h n i c i a n *
39.
Vocational
20.
Neuro-Psychologist
40.
X-Ray S e r v i c e T e c h n i c i a n *
*also
Technician Technician
Technician
Technologist
covered
Source: .. :
Technologist
Technologist
Technologist
Technician*
Therapist*
Counsellor
b y H.E..U.
J . Campbell, Association:
D i r e c t o r of Labour R e l a t i o n s , personal communication
Health
Sciences
68
to
j o i n -.H.. E . U .
International The Locals
882
International and
twenty-eight
882B,
public
I.U.O.E. It
has
since
abreast time
of
compelled ization the
Thus,
more
the
general
tenance
taken
H.E.U.-180
in
powerhouse. those
walls,
the
of
As
a
imposed
spirit
the
i n jobs
an
of
by
and
Hospital
claimed
join Local
not
implying Main-
Engineer.
from
that
of
may
have
been
appear
Employees'
to
Union.
over
a l l ser-
i t s reach
i t came
into
direct utility are
extended
conflict people
frequent
with
a
have
the
I.U.O.E.
180).
trade
industry, outside
when
there
to
titles
jurisdiction
However,
and
union-
f o r example,
union
i t does
craft
remained
Utility
full-
itself
Union,
with
keep
for
found
leaving
I.U.O.E.
industrial
the
in
1971.
to
need
by
Employees'
Person,
hospital
result,
from
until
order
I.U.O.E. members
hospitals,
(non-TQ) m a i n t e n a n c e
H.E.U.
boundaries
in status
historically
employees
tified by
to
i n good has
that
up
in
I. U.O.E.
of
employees
decreasing
classification:
shift
union
changes a
(.I.U.O.E.),
Columbia.
craft
With
placed
While
acceptable
yond
were
160
hospitals,
majority
Maintenance
toward
a
(Hospital
Engineer,
quite
the
union
many
the
in British
i t s membership
maintenance
union
vice
keep
vast
craft
been
to
the
Engineers
approximately
strictly
i n many
Engineers"*""*"
Operating
organizational
beyond
(TQ'd),
of
technology.
industrial
while
qualified a
order
Union
been
engineers
in
major
had
move
Operating
represents
undergone
to
of
hospitals
changing
steam
Union
walls
the
already
of be-
uncer-
covered
jurisdictional
battles
69
fought
between
tenance and
of
even
the
two
machinery,
electrical
Professional Incorporated
Association
of
December,
residents
and
as
as
a
1975.
interns basis
either
professionals
on
behalf
of
in
Vancouver
years
as
routine
equipment
main-
overhaul,
and
only
the
and
in
1973,
Professional
Interns
to
Code
or
unions
agent that
did
350
the
(P.A.R.I.) under
time,
not
the
not
Code
represented on
a
strict-
certification
now
eight
apply
Labour
for
P.A.R.I. in
did
hospitals
allow
members
Interns
P.A.R.I.
with
students.
have
house
Residents
but
Residents
negotiates
hospitals
located
Victoria.
are
and
ago),
as
of
negotiations
approximately
Medical
Interns
and
in
of
of
society
Prior
voluntary
Not
a
bargaining
ly
too.
such, j o b s
repairs,
Association
Residents
certification
until
over
carpentry.
The
for
unions
private
been
developing
staffs
being
in
York
New
practice
in
the
organized CiJ:y
(the
formed
physicians
as
United
States,
Committee
more
well.
than
twenty
Some
have 12
gone
so
far In
unionize but
as
to
this
light,
provides
extremely
become
quite
to
interns from
to
which
to
group
that
the
establish, a
compromise
while
decision
incentive
influential stated
appear
the
some
representative prepared
affiliated
the
providing bargain.
to of
of
the
H.E.U.
to
potential
integrity a
much
and
interns
attract members.
Employees'
"professional
with
A.F.L.-C.I.0.
residents
Hospital
medical them
with
arm" of
th.e
greater
this A
Union
so
as
small
union is
not
residents base, o f
to
to and
power
70
The The hospital
single
industry
(H.E.U.).
involved
represents
nurses,
unite
care
and a s s o c i a t e
concerted
action
Columbia's 180
22,000 members i n n i n e t y -
Institutions. facet
H.E.U. members
of h o s p i t a l
engineers,
of v a r i o u s
an i n d u s t r i a l
medical,
in British
Employees'. U n i o n , L o c a l
over
every
to operating
hospital,
union
13
operation,
to o r d e r l i e s , to i n h a l a t i o n t h e r a p i s t s ,
to technicians As
"to
i s the H o s p i t a l
and h e a l t h
to housekeepers,
Employees'- U n i o n
industrial
in virtually
from p r a c t i c a l
workers,
large
The u n i o n
nine h o s p i t a l s are
Hospital
union,
to c a r p e n t e r s ,
laundry
classifications.
the s t a t e d
together
to
object
a l l employees
of H.E.U. i s
employed i n
or r e l a t e d work f o r t h e p u r p o s e o f s e c u r i n g
i n w h a t e v e r may be r e g a r d e d
as c o n d u c i v e t o
14 their
best
interests."
organization with In
has r e s u l t e d
the other
fact,
unions
Hospital.
inter-union
organized
within
disputes
from v a r i o u s
labour
industry repre-
r e l a t i o n s h i p s are "very
a t V.G.H. s i n c e
t o be i n a d e q u a t e .
of H.E.U. was e s t a b l i s h e d , . p l a c i n g
competition
with
registered
nurses
R.N.A.B.C. eventually
f o r the next moved i n t o
1936 ( H o s p i t a l con-
I n 1946, a N u r s i n g the union
ten years. their
in direct While the
own p r o f e s s i o n a l
association,
there
r e c e n t l y has been some I n t e r e s t
in
t o H . E i U . The U n i o n , h o w e v e r , t i l l s
poor."
General
E m p l o y e e s ' U n i o n ) b u t t h e h o s p i t a l employees
i t s representation
returning
to labour
the h o s p i t a l
i n 1944 a t t h e V a n c o u v e r
T h e r e had been a u n i o n
Group o f C i v i c
Division
writer
approach
of j u r i s d i c t i o n a l
and a s s o c i a t i o n s
i n d i c a t e that
H.E.U. f i r s t
all-encompassing
i n a number
comments made t o t h i s
sentatives
sidered
This
shown by n u r s e s
represents
all
71 licensed rather
practical
than The
Provincial
(a
staff
union
position, elected
President
and
daily
function
staff.
during
the
life
in
the
Consumer
by
other
of
the
hospital.
through the
chief
the
part
of
service,
a u t h o r i t y of
Secretary-Business
negotiator)
Biennial
Secretary,
and
Convention.
once
Executive
is
any an
union
staff
its Manager
seventeen
The
Provincial
e l e c t e d , become
disputes
Index,
attempt
to
bargaining
deal
three
full-
It
with
is staff recent
(or
the
demands
and
who
union's
Provincial
may
the
the
or
increases
achieved political
membership,
options
a
arise
monitor
settlements
to
strategy
yearly,
employer
which
influence)
opinions
times
n e c e s s a r i l y becomes
grievances
review
and
only
affairs
or
gauge
information
meets
who
agreement.
Price
supply
to
the
and
Provin-
Executive.. It
i s at
prior
to
Provincial
delegates
for
the
from
their
proposals
the
those Due
re-opening
their
to
within
the
Executive
opportunity
from
It
in
unions,
recommend
the
the
a d m i n i s t r a t i o n of
agent
held
during
considered
of
union's
Provincial
employer's
cial
the
Financial
the
of
climate,
comprised
are
positions.
As the
in
is administered
Executive,
staff
as; t h e y
professional staff
positions
time
nurses
own
to
the
units.
Provincial
in part
presents
of
to
the
Policy
Master
demands
The
Conference Following
Bargaining
the
the
the
ratification.
present
attending
date
Wage
to
delegates any
Conference,
Agreement, the
assembled
also
demands
approval
Committee
is
of
that
have
an
arising bargaining
then
elected
Conference. time
and
expense
involved
in
staging
72
a
conference
the
province,
are
very
brought
those
which
gaining,
and
ference.
In
"grass an
by
Columbia mended the
to
forward
for
Health
Health
Health
of
the
Relations studying
the
of
how
report
on
the
hospital
industry.
In
1974
are
status
of
report
are, norin
bar-
the
Con-
opportunity
Conference
for
ratifies
agenda.
Association
(H.L.R.A.)
meeting The
of
parent might
Officer,
was
British recom-
division, body.
best
Mr.
collective
the
resolution
relations
the
Blair
by
and
Association
separation
Special
some
across
approved
demands
ratified
the
annual
from
once
successful
bargaining
labour
units
Executive
exists
(.B.C.H.A.).
the
his
most
part,
Relations the
Thus
Relations
Council,
Labour's
down h i s
there
collective
at
be
which
most
Labour
strategies
Provincial
will
B.C.H.A.'s
B.C.H.A. was Minister
the
these
Association
separation
Employee
by
bargaining
reverse.
while
Labour
resolution
or
believe
words,
input,
from
bargaining
modify
staff
other
The
created
and
established
The
delegates
i t is usually
roots"
already
by
demands
difficult
strategies mally
attended
D.R.
be
While
in
brought the
wrote:
I f i t i s a c c e p t e d t h a t t h e p r o p o s i t i o n o f (.1) unif o r m i t y o f w a g e s a n d w o r k i n g c o n d i t i o n s , (_2) s t a b i l i t y o f t h e w o r k f o r c e , (.3) r e a s o n e d collective bargaining d e c i s i o n s , through, i n d u s t r y — w i d e collective bargaining c o n s t i t u t e a s o u n d and l o g i c a l g o a l f o r the h o s p i t a l i n d u s t r y , from e v e r y o n e ' s p o i n t of v i e w , t h e n t o a c h i e v e t h i s end, the p a r t i e s w i l l have to u n d e r s t a n d t h a t t h e y must d e a l RESPONSIBLY w i t h one a n o t h e r and t h a t t h e i r c o l l e c t i v e a g r e e m e n t m u s t , i n a l l f u n d a m e n t a l a s p e c t s , be A D M I N I S T E R E D and I N T E R P R E T E D on a b a s i s o f U N I F O R M I T Y t h r o u g h o u t the Industry. ;
the
achieved,
Blair,
bargaining
called
73
I t i s my f i r m b e l i e f t h a t t h e p r e s e n t state of a f f a i r s in the B r i t i s h Columbia h o s p i t a l i n d u s t r y , industrial r e l a t i o n s - w i s e , d i c t a t e s the need f o r a complete r e s t r u c t u r i n g and r e - p o s i t i o n i n g of i t s c o l l e c t i v e b a r g a i n i n g - i n d u s t r i a l r e l a t i o n s arm, and t h a t s u c h arm s h o u l d be p r o v i d e d w i t h a C o n s t i t u t i o n and By-Laws o f i t s own, w h i c h w i l l p r o p e r l y r e f l e c t a n d a i d i t s purpose i n l i f e . I t h a s l o n g b e e n my v i e w t h a t , w h e r e a n i n d u s t r y barg a i n s on an i n d u s t r y - w i d e b a s i s , t h e o r g a n i z a t i o n w h i c h i t c r e a t e s t o do i t s c o l l e c t i v e b a r g a i n i n g and t o c a r r y out, a t the p o l i c y l e v e l , the u n i f o r m administration of i t s c o l l e c t i v e agreements, s h o u l d stand apart from any o t h e r a s s o c i a t i o n s w h i c h e x i s t i n t h a t industry. By and
May
1 9 7 5 , H..L.R.A. was
accredited
legal
bargaining
recognition
an
important
on
behalf
step
hospitals
Hospital
not or
t o band
position
competent them
with
standard
provisions
that
they,
personnel
gaining
such
force
strength
had
power
With often used
at the bargaining
little
d i d not understand
or
i n wording
of the smaller
required
table.
hospitals
merely
no t r a i n i n g a n d
not maintain
of information
that
of a h o s p i t a l d i d
and d i s c i p l i n a r y
could
their of the unions.
to the r e a l i z a t i o n
seemingly union
security,
procedures.
i n d i v i d u a l l y , the h o s p i t a l s
the unions,
bargained
t o do s o .
as s e n i o r i t y , j o b s e c u r i t y , demotion
considered
to strengthen
to the operation
the techniques
nor the q u a l i t y
influential
coming
negotiators.
bargaining
unlike
i n order
was
The
non-metropolitan
the ever-increasing
respect
promotion,
While
of the small
the administrator
recognize
posting,
together
agent
status
separate
industry.
B.C.H.A.
any l e g a l
many
were
competent
no e x p e r i e n c e ,
immediately
Previously,
against
as a
f o r the h o s p i t a l
as a b a r g a i n i n g
without
administrators
make
job
forward.
the 1950's,
began
bargaining
being
o f H.L.R.A.
of h o s p i t a l s
During
agent
i n existence
became
aware
the p r o f e s s i o n a l to remain
As t h e r e l a t i v e dwindled,
they
an bar-
became
74
increasingly "patterns"
more
a
local
basis,
Hospitals,
of whole
recognizing
that
could
be d e t r i m e n t a l
negotiations,
began
to see the advantages i n
policies
policies
stronger,
acceptance
action
general
these
became
autonomous
i n union
developing bring
to the forced
as s e t o u t by t h e u n i o n s .
uncoordinated involved
susceptible
and h i r i n g
the expertise
needed
table.
as
to the bargaining
multi-employer
to a l l
bargaining
Thus,
developed,
then
on a r e g i o n a l
basis,
and t h e n
November
1 9 5 9 B.C.H.A.
attempted
to
unionism
first
on
on a p r o v i n c i a l
basis. In wide
s e t of n e g o t i a t i o n s .
R.N.A.B.C. year
Negotiations
contract
individual
problem
of lack
plague
B.C.H.A.
such
that
association. sentatives Before
divided each
Each
however,
its history
was
i n a two-
f o r some
forty
the agreement This
was
l e d to a
i n t h e manner i n
a difficulty
which
continued
of involvement
H.L.R.A.,
into
a number
member
hospital
was
of these
regional
associations
each
regional
hospital
s i t on t h e E m p l o y e e chose
the province
represented
t o s i t as members o f t h e B o a r d
sentatives .(mostly
then
schedules
among h o s p i t a l s
throughout
involved
and r e s u l t e d
individual hospital.
interpreted,
province-
in col-
bargaining. B.C.H.A.
areas
was
salary
Legally,
of u n i f o r m i t y
the agreement
lective
to
and each
organization
two d a y s
uniform
certifications.
R.N.A.B.C.
to
lasted
including
between
which
The l a b o u r
its first
a bargaining
Relations committee
also
which
elected
elected
and h o s p i t a l
Council
by a
of Governors
association
trustees
of h o s p i t a l
(jE.R.C). would
regional repre-
o f B.C.H.A. repre-
adminstrat ors) The E.R.C.
a c t a s t h e B.C.H.A.
75
representative lective
at the bargaining
a legal
forum
In which
such,
there
ment
f o r any p a r t i c u l a r
col-
agreement. From
tiated
sessions
was
always
Hospital
B.C.H.A.
responsible
and h o s p i t a l
Employees'
Union,
merely
could
take
could
neither
place.
arising
a
As
of the nego-
enforce
an
between
agree-
hospital
out of contractual
to the M i n i s t e r
Local
provided
as t o t h e l e g a l i t y
f o r any d i s p u t e s
employees
I n a 1973 b r i e f
B.C.H.A.
function
some d o u b t
since
n o r be h e l d
pretations.
of view,
the bargaining
settlement
employers
point
inter-
of Labour, the
180, w r o t e :
A l t h o u g h t h e B.C.H..A. r e c e i v e s a m a n d a t e f r o m member h o s p i t a l s t o a c t o n t h e i r b e h a l f , some h o s p i t a l s ignore t h i s . T h e e f f e c t i s t o make a m o c k e r y o f t h e collective bargaining process. I t h a s an e x t r e m e l y ^ d i s r u p t i n g i n f l u e n c e on l a b o u r - m a n a g e m e n t r e l a t i o n s . A Union the in
year
publication,
union which
with
later,
often
i n an e d i t o r i a l
"The H o s p i t a l
found
itself
the employer's
the union's
viewpoint
Guardian,"
"faced
collective
with
decides
i t was
Employees'
stated
the ludicrous
bargaining
i n t e r p r e t a t i o n while
and u l t i m a t e l y
i n the H o s p i t a l
situation
spokesmen
the employer
n o t t o implement
that
takes
agree an
opposite
the C o l l e c t i v e
..17 Agreement. With the
unions'
agent
was
it
held
major
area
satisfied.
employers' be
the c r e a t i o n
bargaining
fully
o f H.L.R.A.
and t h e demise
of d i s s a t i s f a c t i o n H.L.R.A. agent
responsible
i s legally
under
with
the employers'
accredited
the Labour
o f E.R.C.,
Code.
f o r the implementation
as t h e I t thus can
of any
agreement
i s very
similar
signs. The
organizational
structure
o f H.L.R.A.
76
to
that
each
o f t h e E.R.C.
send
Board
at l e a s t
have
giving
the authority One
however,
change
was
President
the
Board
strategy ident
but only
been
made w i t h
person
a direct
point
will
member
the
within
such
o f H.L.R.A.
President.
to report
to the C o n s t i t u t i o n ,
a "separation"
on t h e p a r t
of t h e i r
i t will
o f H.L.R.A.,
o f H.L.R.A.
o f H.L.R.A.
bargaining
which
to the i n d i v i d u a l h o s p i t a l s I t was
would
allow
agent
than
s e t of n e g o t i a t i o n s ,
named
Thus, part
i n these
to
bargaining the
Pres-
in British intended
for a would
by
tougher have
councils
negotiations
the bargaining
The i m p o r t a n c e
a President.
felt
that
by h a v i n g
demands agent
of t h i s
i n Chapter
the case
1975, t o f i l l
to the union's
be e s t a b l i s h e d
(i.e.,
his responsibilities
the d i s t r i c t
before
tactics.
d i d n o t have
i n September,
d i d n o t assume
Board)
developed
t h e bounds
According
i n d i v i d u a l l y respond
H.L.R.A.
chooses
r e s p o n s i b i l i t y f o r recommending
I V ) , H.L.R.A.
had been
1976.
that
of the p o s i t i o n staff
o f B.C.H.A.
t o s i t on t h e H.L.R.A.
the establishment
to the Board
its first
President
councils"
feasible.
i n Chapter
take to
that
stance
For
uary,
negotiate.
i s not responsible
otherwise
the
to
to the Board,
bargaining
a
committee
i s the only
hospitals
ined
that
and h a s s o l e
Columbia, the
I t i s the Board
the creation
The
"district
one r e p r e s e n t a t i v e
of D i r e c t o r s .
committee,
The e i g h t
Four.
exam-
While
the p o s i t i o n ,
until they an
Janshould opportunity
(through the
chose
a strategy
seemingly
minor
and
77
Legislation Labour concern. note
In
Master
there
present
determined Agreement.
enacted Board
While the
largely
legislation
the
and
little
context, the On
Canada
primarily
federal
there
strategies October
is
one
and
14,
A n t i - I n f l a t i o n Act,
is
the
A.I.B.
item
the
creating
television,
to
provincial
the
worthy
which
outcomes
1975,
legislation
a
legislation
of
in
the
federal
the
i t s anti-inflatIon guidelines.
introduced national
Is
in
of
itself
1976-77
government
Anti-Inflation
The
Prime
country
Minister
that
night
via
stating:
The p r i c e and income g u i d e l i n e s w i l l take e f f e c t at midnight tonight. T h e y w i l l be e n f o r c e d on the f e d e r a l g o v e r n m e n t and a l l i t s e m p l o y e e s , on t h e fifteen hundred l a r g e s t companies i n Canada, i n c l u d i n g v i r t u a l l y e v e r y company i n t h e c o n s t r u c t i o n industry, and on a l l t h e e m p l o y e e s o f a l l t h o s e c o m p a n i e s . The guidelines a p p l y as w e l l t o a l l p r o f e s s i o n a l people, s u c h as d o c t o r s , l a w y e r s , a c c o u n t a n t s , and engineers. T o d a y I a s k e d a l l t h e P r e m i e r s t o j o i n as f u l l partners i n t h i s a t t a c k upon i n f l a t i o n . I a s k e d them to a p p l y t h e f e d e r a l p r i c e and income g u i d e l i n e s to a l l provi n c i a l and m u n i c i p a l p u b l i c s e r v i c e s , t o a l l r e n t s , and a l l p r o f e s s i o n a l f e e s u n d e r t h e i r j u r i s d i c t i o n . - ^ The
guidelines
percent
in
Additional if law,
they
1976,
six
could
special
however,
only
adopted
agreement
percent
increases
felt
Columbia
r e s t r i c t e d compensation
with
be
1977,
granted
consideration
in
those
A.I.B.
the
in
was
federal
and
four
by
A. X. B.
to
which
on
government,
eight
percent
The
adopted
June
23,
included
in
1978.
Administrators
warranted.
provinces
legislation
increases
Act
i t .
was British
1976,
and,
in
their
public
19 employees By labour
under
the
1948,
relations.
guidelines.
a l l provinces
had
Modeled .after
enacted
the
U.S.
a
statute
Wagner
Act,
governing the
leg-
78 islation tively also
obligated
with
the
an
employer
employees'
included
in
their
conciliation
down.
finally,
work
stoppages
mandating
Since been all
but
Credit a
"free
the
was
seen to
except
scene
late
climate
was
being
somewhat
organized
labour
rights
which
1975. one
for
of
broke
prohibited
agreement,
in British
Party,
to
province
process
Saskatchewan,
collective
Credit
collec-
Each
bargaining
"private business"
as
bargain
section providing
a l l unsettled
mid-1972
political
a
the
a
political
from
protections
Act
of of
and
representatives.
when
life
Social
e n t e r p r i s e " or
legislation "fewer
the
period the
the
the
by
years,
i f and
arbitration
1952,
dominated
elected
a l l provinces,
during
binding
recognize
respective
compulsory And
to
instead
disputes.
Columbia
held
power
During
the
has for Social
conservatism
orientation.
with
Labour
pro-management,
providing
than
laws
comparable
20 elsewhere the
New
years, As
a
in
Democratic and
the
result,
Socred
finally
immediate
up
for
The British
Act Code
and of
response
by
the
supported
opposition
during
the
during
Social
Credit
by
the
labour
that 21
leaders
government
to
part
of
British
of
organized
Social
while
Furthermore,
government on
strongly
be
Credit
hiatus.
debating largely
when
the
Columbia labour
NDP
there to
was
"make
time." new
NDP
Trade
British
Mediation
seen
the
government
Columbia
the
made
therefore,
politicking.
become
an
lost
were
NDP
the
i n power
statements
to
did
Labour,
Party,
party
policies
equivalent
of
Canada."
in
1973,
Unions
Columbia.
Commission
Act,
Act,
repealed
along and
Most an
act
with
the
Labour
the
Mediation
replaced
important which
had
them was
Relations
with
the
created
Commission the
repeal a
Act
Labour of
the
standing
79
labour as
a
court
means
empowered
of
potentially the to the as
be
to
a
t o t a l l y
the
too
of
compulsory
that
general
measure,
an
in
era
the
Labour
in
awards
felt
to
r e s t r i c t i v e
i n t e r p r e t a t i o n , and, Its
pro-union
repeal
leanings
be
believed
unnecessarily
c r e d i b i l i t y . of
arbitration
government
public.
open-ended
lacking
beginning
down
disputes
punitive
bargaining,
end, the
to
hand
any
harmful
M.C.A. free
ending
to
was
on
in heralded
the
part
of
2 2 government
and
public
opinion
alike.
The
"era"
was
to
be
rather
short-lived.
pulsion
The
Labour
i n
s e t t l i n g
i n i t i a l l y , The
only
erence for
to
h o s p i t a l
mention
e s s e n t i a l was
relies
disputes
including
specific
what
Code
later,
more
and
on
voluntarism
allows
com-
a l l employees,
workers,
the
a c t u a l l y made
of
services
(section
73)
in
expanded
into
1977,
than
right
to
i s
in
provides
the
least
strike.
hospitals and
at
r e f -
the
E s s e n t i a l
basis Services
2 Disputes
Act. Part
ing
must
which
a
be
I
charge
Bargaining
Code
IV
even allows
the
tation
"bad
the
in
good
bargaining
of
the
Labour
a
proper
"good
very
faith in
bad
Code,
faith"
broad
for
notes
any
and
that
is
collective
provides
f a i t h
can
although
provides
themselves
bargaining
f a i t h "
Code
actually
sessions term
for
as
of
Labour
Procedures,"
accepted
of
of
negotiating
fact,
the
conducted
Part
the
of
are left
be
be
specific
Labour Relations Board. Negotiators interviewed
by
case
this
"Collective
carried
undefined.
with
what
the
left
writer
by
made.
guidelines
i n t e r p r e t a t i o n of practice,
means
entitled
no
to
the
bargain-
In
Thus,
the
w i l l
to
how
out.
exact up
for
be
i n t e r p r e a
expressed
decision
the
view
80 that
the Board's
unduly time
disruptive
have v e r y
the o v e r a l l bargaining Board
a r e much l e s s
still
can
to the Labour R e l a t i o n s
t o b a r g a i n i n good
no work s t o p p a g e
v o t e must be t a k e n
as a second
level
or f a c t - f i n d i n g of mediation
erally
i n disputes involving
only
(e.g. p o l i c e ,
strike
i n v o l v e d may be u n w i l l i n g
fearing
the l o s s
of " t r a d i n g
procedure.
a high
supermarkets).
It where
I t i s gen-
level When
of p u b l i c t h e ap-
i s a n t i c i p a t e d , the
to n e g o t i a t e during
points"
Inquiry
i n situations
I n q u i r y Commission
parties
mediation,
f o r use d u r i n g t h i s
second
level.
Prior Act,
a
and s e v e n t y - t w o
has been u n s u c c e s s f u l .
hospitals,
of an I n d u s t r i a l
mediation
until
Before
V I I p r o v i d e s f o r t h e use o f an I n d u s t r i a l
employed
faith.
to the employer.
process
pointment
can o c c u r
efforts.
the n o r m a l m e d i a t i o n
interest
t h e term o f
i n v o l u n t a r y ; however, once a
as an i n v e s t i g a t i v e
be used
a c c u s a t i o n s o f bad f a i t h
h i s mediation
a strike
notice given
Commission
on t h e outcome of
or lockouts during
an attempt
services
has c o n c l u d e d
Part
a t t h e same
a l l o w i n g them o n l y when n e g o t i a t i o n s a r e
following
begin,
charges
strikes
has been a p p o i n t e d ,
legally
influence
Thus, w h i l e
formal
agreement,
the m e d i a t o r
l e n g t h y and
common.
use o f m e d i a t i o n
hours
effective
Code p r o h i b i t s
unresolved
mediator
can
little
a r e common,
a collective
are excessively
t o the b a r g a i n i n g process while
proceedings.
The
The
investigations
to the passage
1977, s e c t i o n
a firefighter's
of the E s s e n t i a l
73 o f t h e Code a l l o w e d
or policemen's
union)
Services Disputes
a hospital
to c a l l
union (or
for binding
81
arbitration, the
threat
was
not
forty outs
of
that
health days
the
in
full
and
Labour
one
or
be
right
to
of
the
then
called,
dispute a
during
which
did
time
occur,
subsequently
Relations
Board
and
opinion be
no
be
Lieutenant-Governor
in Council confer
of
strikes the
designated
could
with
of
to
up or
to lock-
employer's "essential"
to
also
the
the
dangerous
thereafter required
management.
to
eliminating
arbitration
c e r t a i n of
and
more s p e c i a l m e d i a t o r s
and
"cobling-off" period
could
union
the could
services
by
strike
voluntary
subsequently
If a strike
operation The
i t was
welfare,
occur.
facilities by
and
and
the
However, i f such
continuance
could
could
foregoing
lockout.
requested,
Minister public
thereby
remain
"appoint
parties
to
2A assist If
no
the
them
in settling
a g r e e m e n t was
report
basis
for
and
dispute.
but
clearly
more
of
a
terms
reached,
This as
a
hoc"
added
last
"med-arb"
of
of
a degree
resort
and
approach
of
conditions
of
the
collective
There
are
a number
It
limits
the
power
rendered
somewhat
pulsory
maintenance
would
appear
approach
of
arise the
l e s s than
t o be
of
most
i n the
as
a means of
compulsion
one
Order-in-Council
which
M i n i s t e r could
therefore
than
agreement."
s p e c i a l mediator
legislation
The
bargaining
collective the
the
arbitration.
care
a
however,
recommendations
s p e c i a l "ad
the
the
of
then
to
tended
standing specified
as
accept the
settling
the to
system
appear
as
compulsory the
terms
and
agreement.
of
important
from union
essential services as
totally of
any
strike
effective
action due
interest
attempt
to
to
to
avoid
take major
health
legislation. can the
a hospital's services.
unions'
t o n e g o t i a t i o n i n an
implications for
a
be com-
Thus i t softer disputes;
82
of
course,
therefore present ical
management afford
"tight
could
process
be
money"
instead with
management on
more
These
an e v e n
economy, with
harder
emphasis
to bargain
management
list
rather
points w i l l chapter.
be
Under
the
pro-management p o l i t -
i n d u s t r y , the almost
with
placed i s given
than
and can
the h i s t o r i c a l l y d i s t r i b u t i v e b a r -
as r e m o v i n g
being
situation
approach.
and somewhat
t h e outcome of b i n d i n g
negotiation, demand
aware o f t h i s
i n the h o s p i t a l
interpreted
hospital
next
to take
climate, coupled
baining
own
i s well
legislation
any i n c e n t i v e
a powerful
union,
arbitration.
merely
d i s c u s s e d more
rather
incentive
countering fully
relying
Fiirthermore,
on a r b i t r a t i o n more
from
than
to create i t s
that
as t h e y
of the arise
union.
i n the
83 Footnotes
-
Chapter
III
1.
P u b l i c A c c o u n t s of B r i t i s h : C o l u m b i a P r i n t e r , 1974, 1975 , 1976)..
2.
Ibid.;
3.
M. M c G r e g o r , "No H o l d i n g Rack Administration i n C a n a d a , 20,
also,
McGregor,
same
c it.,
years
p.
1970,
1971,
March No. 1
Queen's
1972.
of S c i e n c e , " (Jan. 1978),
p.
Hospital 18.
4.
M.
5.
Robert Laxer, Canada's Unions Co., 1 9 7 6 ) , pp. 226-32.
6.
Ibid.,
7.
G. H a r v e y Agnew, C a n a d i a n H o s p i t a l s 1920 t o 1970, A Dramatic Half Century (Toronto: U n i v e r s i t y of T o r o n t o P r e s s , 1974), pp. 164-68. .
8.
J o h n D. B r a d f o r d , "B.C. C a n a d i a n H o s p i t a l , 52,
9.
The information contained i n t h i s s e c t i o n i s based l a r g e l y on p e r s o n a l c o m m u n i c a t i o n w i t h Mr. Jack Campbell, Director of L a b o u r R e l a t i o n s , H e a l t h S c i e n c e s A s s o c i a t i o n of British Columbia.
pp.
op.
for
(Victoria:
19. (Toronto:
James
Lorimer
and
x-xi.
H o s p i t a l s Learn to L i v e No. 1 (Jan. 1975), 33.
British p.3.
with
10.
H e a l t h S c i e n c e s A s s o c i a t i o n of a n d B y - L a w s , a m e n d e d May 1977,
11.
The i n f o r m a t i o n contained i n t h i s s e c t i o n i s based l a r g e l y on p e r s o n a l c o m m u n i c a t i o n w i t h Mr. W i l l i a m A.R. Kadey, B u s i n e s s Manager, I n t e r n a t i o n a l Union of O p e r a t i n g E n g i n e e r s , Local 882.
12.
S y l v i a U r l i c h , " W i l l y o u r a p p e n d e c t o m y be p e r f o r m e d member o f t h e A F L - C I O ? , " M o d e r n H o s p i t a l , 117, No. ( O c t o b e r 1 9 7 3 ) , pp. 63-67.
13.
The information contained i n t h i s s e c t i o n i s based l a r g e l y on p e r s o n a l c o m m u n i c a t i o n w i t h Mrs. Leigh White, A s s i s t a n t S e c r e t a r y - B u s i n e s s Manager, H o s p i t a l Employees' Union, Local 180.
14.
Hospital By-Laws,
15.
D. R. R l a i r , S p e c i a l O f f i c e r R e p o r t : Hospital Collective Bargaining S y s t e m , B.C. M i n i s t r y of November 1974,pp.5-6.
16.
H o s p i t a l E m p l o y e e s ' U n i o n , L o c a l 180, Change i n P r o v i n c i a l L a b o u r S t a t u t e s ,
Employees' Union, L o c a l r e v i s e d 1972, p. 3.
180,
Columbia,
Labour,"
Constitution
Constitution
by 10
a
and
Industry Labour,
Recommendations f o r May 1973, p. 34.
84
•17.
" R e s p o n s i b i l i t y or Hospital Guardian,
18.
Vancouver
19.
James E. D o r s e y , E m p l o y e e / E m p l o y e r R i g h t s i n B r i t i s h lumbia (Vancouver: International Self-Counsel Press, p. 6 2.
20.
Mark Thompson and James C a i r n i e , " C o m p u l s o r y The C a s e o f t h e B r i t i s h : C o l u m b i a T e a c h e r s , " a n d L a b o u r R e l a t i o n s R e v i e w , 27, No. 1 (Oct.
21.
James M a t k i n , " G o v e r n m e n t I n t e r v e n t i o n i n L a b o u r Disputes i n B r i t i s h C o l u m b i a , " C o l l e c t i v e B a r g a i n i n g i n the E s s e n t i a l and P u b l i c S e r v i c e S e c t o r s , e d . M o r l e y G u n d e r s o n (.Toronto: U n i v e r s i t y o f T o r o n t o P r e s s , 1 9 7 5 ) , p. 81.
22.
I b i d . , pp.
23.
Essential Services
24.
U n d e r j o i n t a u t h o r i t y o f t h e P u r b l i c I n q u i r i e s -Act and the L a b o u r C o d e of B.C.-, t h e a p p o i n t m e n t o f a S p e c i a l . M e d i a t o r was approved-for t h i s c a s e on May 25, 1 9 7 6 , as Order-inC o u n c i l No. 1623. D e l e t i n g the s p e c i f i c r e f e r e n c e s to t h i s case, the Order w a s ' l a t e r i n c l u d e d i n the E s s e n t i a l S e r v i c e s Disputes Act (1977), Part I I I , s e c t i o n 8(e).
Sun,
C o n f r o n t a t i o n , " an J u l y 19 74, p . 4.
October
14,
19 75,
p.
editorial,
The
8. Co1976),
Arbitration: Industrial 19 73)
82-84. Disputes
A c t , (1977) , P a r t
IV,
section
19.
85
CHAPTER
A
CASE
STUDY:
BARGAINING
The: On Local the
180,
note
not
on
Health
that the
well
as
gaining
of
British
December 18
to
certain
negotiations.
The
committee
representatives); a
substitute
bargaining A t ember- 23, the
served
on
recently
31,
the
discuss
A
the
procedures
session
was
the
attended the
(union
employers'
committee
existing
be
by
the
was
session
of
and
was
agenda, during full
President, and
however,
only
contract
union's
negotiator),
consisting
the
followed
Provincial
agent,
important
agent,
timetable
to
on
individually,
pre-negotiating
general
Manager
is
bargaining
proposed
of
It
hospitals
The
Union,
bargaining
Columbia.
accredited
1975.
Employees'
collective
Association.
(.consisting
Secretary-Business
by
Hospital
hospitals
Relations
September
the
commence
hospitals'
on
AGREEMENT
to
was
H . E . U ./H . L . R . A .
Events
1975,
11,
THE
notice
notice
Labour
expire
held as
served
individual
to
to
September
FOR
MASTER
1976-77
IV
five
was
persons
barthe
unit
represented not
on
the
committee. preliminary at
which
employers'
negotiator,
one
full
negotiating
time
demands
bargaining
hospital
session
were
one
called
exchanged.
committee
trustee,
was
At
attended
hospital
f o r . Septhis
(.i.e.
meeting, the
H.L.R.
administrator,
86
one
personnel
The
union's
1.
Wages
2.
major
--
second side
d i r e c t o r , and
Hourly
year;
the
of
COLA
Cost
one-point able 3.
per
of
day
taken 4.
of
rise
work
Vacations
6.
7.
—
after
premiums
Stats
--
one-half
meal
of
statutory
Severance
holiday
days
upon
of
$1
inside
the
and
i n monthly
one
percent
Consumer
per
Price
week,
with
after
thirty
out-
rates
for
each
Index,
eight
pay-
hours
accumulated
time
off
One
service;
thirty-five
twenty
care
plan
years'
and
after service
dental
plan,
employer holidays
addition
year's
ten;
after
health by
one
after
vacations
with —
and
work
hours
statutory in
year
off
entirely
allowance
payable
of
periods,
--".Extended
rates
member).
hurdles
work
A l l twelve
and
vice
no
five;
paid
reduction
Vancouver
supplementary
Medical-Dental
no
hours
days
Twenty
first
s i m i l a r occupations
Thirty-five
regular --
fifteen;
with
with
the
adjustment
the
i n c l u s i v e of
twenty-five
5.
in
living in
H..L.R.A. s t a f f
$1.50
industry;
reduction
with
of
p a r i t y with,
quarterly,
Hours
second
were:
increase
hospital
because --
demands
a
to
to
be
paid
regular
pay
pay
each
at
plus
time rescheduling
pay week's
termination
or
for
retirement
year
after
of
ten
seryears'
service. Other
union
vacation call
demands
scheduling,
differentials.
culations,
the
pertained clothing According
increased
cost
to
sick
leave,
allowance, to to
s p e c i a l leave,
b.oth H.E.U. the
compassionate
employer
and
and
H.L.R.A.
would
have
leave, oncal-
been
87 Figure Steps
19 75
Aug.
-
Sept.--Oct.
LRB
to
Issues
HEU
1976-77 M a s t e r
accreditation
serves
notice
preliminary Prime HEU
on
session
Minister
breaks
HLRA
applies
for
Dec.
HEU
refuses
to
appoints
for
HLRA
HLRA
demands
AIB
legislation
in
mediation
Industrial
Inquiry
Commission
Blair
Social Report;
Credit
Party forms
recommendations
government
costing
13.95%
1976 announces
over HEU
accepts,
HLRA
serves
strike
HEU
HEU
day
budgets
Blair
notice
invokes
at
section
@
8.5%
Report
VGH 73(7)
of
Labour
Code
2-yr.
Report
agreement
issues
for
Hospital
2nd
adopted
HEU
signs
by
Special
Mediator
recommends
13.95%
allowing year
Services
AIB
AIB
period
appointed
McTaggart
of
rolls
back
re-opened
in
"re-opener"
1976; on
3
agreement
Collective
Agreement
Act
province
agreement,
McTaggart
Dec.
rejects
cooling-off
McTaggart
Oct.
hospital
strikes
21
Sept.
1976
1975
government
June
not
exchange
participate
Minister
BCHP
May
to
mediation
apply
in
hospitals, -
HEU/HLRA
Blair
certificate
negotiations
Nov.
April
Agreement
announces
off
Election: 19 76
12
HLRA
award
"interim issues
to
refuses 8%
award" not
as
per
settled;
AIB
Ladner
to
arbitrate Ladner 19 7 7 J a n . Feb.
.
HEU AIB
awards. 6%
appeals
AI.R
increase
1977
decision
Administrator
4%-1978
in
rules
8%-1976,
6%-1977,
88
Figure
March. April Sept.
12
(continued)
McTaggart HEU/HLRA LRB
"final
award"
memorandum
rules
Agreement
of
agreement
a s p e r HEU
i
void
89 approximately
twenty
Also announced
during
i n the f i r s t
the p r e l i m i n a r y
year.
session,
the union
t o H.L.R.A. t h a t H..E.U. would n o t I n v o l v e
arbitration, able"
percent
as o n l y
a negotiated
t o t h e membership.
ing
t o H.L.R.A. t h a t
the
final
mediation
settlement
negotiator
itself in
would be
"accept-
The announcement was i n t e n d e d
i f settlement stage,
was n o t r e a c h e d
the union
would
call
as a warn-
by t h e end o f
f o r a work
stop-
page. The 1.
employers' major
Eliminate
apprenticeship
demands were: program
forpractical
n u r s e s and
orderlies 2.
Eliminate on
super
Christmas
day-off
stats
(.i.e. premium pay r a t e s
Day, Good F r i d a y , L a b o u r Day, p l u s a d d i t i o n a l
w i t h pay)
3.
Eliminate
retroactivity
4.
Eliminate
present
.5.
Expand to
f o r t i m e worked
grievance
on Government Job E v a l u a t i o n
pay r a t e
adjustment
request
mechanism
procedure
to seventy
days b e f o r e
advancing
arbitration Negotiating
sessions
throughout
October,
Thursday.
At t h e l a s t
made i t s " f i n a l
began September
t h e two p a r t i e s m e e t i n g
offer"
session, held
No wage i n c r e a s e
f o r 1976
2.
No wage i n c r e a s e
f o r 19 7 7
3.
E l i m i n a t i o n of a p p r e n t i c e s h i p
4.
E l i m i n a t i o n of s u p e r
5.
E l i m i n a t i o n of r e t r o a c t i v i t y
6.
E l i m i n a t i o n of pay r a t e
continued
each Monday
on O c t o b e r
t o H.E.U., w h i c h
1.
29 and
through
31, H.L.R.A.
included:
program
stats on Government
adjustments
Job E v a l u a t i o n
90
7.
No
change
in
northern
8.
No
change
in
hours
9 .
No
change
in
on-call
10 .
No
change
in
annual
11.
No
change
in
sick
12 .
No
change
in
maternity
13.
No
change
in
severance
14.
No
dental
p lan
15 .
No
extended
16 .
No
special
Upon
receiving
differential
o f work differential vacations leave
health
leave allowance
care
plan
leave t h e above
"final
offer,"
H.E.U.
broke
o f f nego-
tiations . On creation
October
of the A n t i - I n f l a t i o n
legislation, held
was to
the t o t a l
t o a maximum
pegged
14, t h e f e d e r a l
at s i x percent,
unclear
British
Furthermore,
Columbia would
convinced
The u n i o n
session
t o H.L.R.A.,
the
not i n s t i t u t e
negotiator,
membership,
assumption A.I.B.
or r i g o r o u s l y
t o be
f o r 1977
percent.
Dave
A.I.B.
f o r 1976 were
Increases
Premier
Under
The
were
legislation
the guidelines
Barrett
the f e d e r a l
that
cumstances,
and through
that
H.E.U.
stated
guidelines
would
continue
Moreover,
the union
d i d i n any case
to grant
awards
allow
i n excess
until
and
Newsletter"
to bargain
were
that
pro-
i n negotiation
the "Bargaining
p u b l i c l y - f u n d e d employees
regulation.
legislation
therefore,
were
announced
o f t h e e f f e c t i v e n e s s o f t h e c o n t r o l s on p r i c e s
fits."'"
union
increases
percent.
broadly
announced the
(A.I.B.).
a n d 1978 a t f o u r
a s t o how
be i m p o s e d .
Board
wage b i l l
of e i g h t
government
excluded
negotiator
the A.I.B.,
noted
under the from that
i n special
of the g u i d e l i n e
to
cir-
limits.
91
H.. L.R.A.
countered
announcing bounds
t o H.E.U.
that
statement
H.L.R.A.
a t t h e same
would
bargain
s e s s i o n by
only
w i t h i n the
e s t a b l i s h e d by t h e A . I . B . r e g u l a t i o n s . On
November
of
Labour
was
granted
parties hold
the union
3, H.L.R.A.
made
f o r the appointment a n d Mr. Ed Sims
d i d meet
meetings
"Bargaining
with
with
Mr.
was
Sims
H.L.R.A.
Newsletter"
application
to the Ministry
of a mediator.
named
as m e d i a t o r .
individually,
present,
of November
The
until,
application
While
H.E.U.
both
refused to
as p r i n t e d
i n the
21:
. . . that o r g a n i z a t i o n ' s b a r g a i n i n g committee r e v e r s e s i t s r e a c t i o n a r y p r o p o s a l (.i.e. t h e " f i n a l offer") t h a t w o u l d l e a d t o a c u t b a c k i n r e a l wages a n d b e n e f i t s . The U n i o n i s r e j e c t i n g m e d i a t i o n t h a t i n v o l v e s H.L.R.A. i n o r d e r t o l e a v e i t s o p t i o n s o p e n , i n c l u d i n g j ob a c t i o n . In that
mediation
cation for
late
with
November, be f o r e g o n e
H.L.R.A.
the appointment
accepted
the o f f e r
The
union
n e g o t i a t o r gave
was
appointed
British strike
the l a t t e r
for strike
votes
verbal
votes
half
Inquiry
H.E.U.
joint
agree
to
was
of the p l a n
and on December
Inquiry
requested appli-
Commission.
i f a settlement
Code H.L.R.A.
forego
not
reached.
t o H.L.R.A.
3, M r . D.
R.
Blair
Commission.
o f November,
t o be t a k e n
Following
t o make
and
122 o f t h e L a b o u r
approval
i t i n writing),
Columbia.
On ing
for arbitration
as t h e I n d u s t r i a l
During parations
to section
on t h e c o n d i t i o n t h a t
to apply
H.L.R.A.
offering
o f an I n d u s t r i a l
right
confirming
contacted
instead
pursuant
its
(later
H.E.U.
the union
at twenty
Mr. B l a i r ' s
made
hospitals
appointment,
the
preacross planned
were c a n c e l l e d .
December
i n the defeat
11, a p r o v i n c i a l
of t h e Incumbent
election
New
took
Democratic
place, Party
result-
92
and
the
creation
of
a new
Hearings
before
government
under
the
Social
Credit
Party.
December week
15.
Meeting
recess
January
at
and
Labour
on
April The
included
in a
but,
proposed lines
allowed
by
April of
spouses
Mr.
Blair
was
bargaining H.L.R.A.
26,
H.L.R.A.
dissipated. strike.
Everyone
Everyone
not
proceed
i t .
as
and
likely
the
meet
1976
A l l the
of
the
Minister
H.E.U.
and
issues
to
of
be
approximately the
both
the
four-
.recommen-
i t s rejection
hospital
This
party
A.I.B.
budget
the
knew
that
of
the
guide-
increases
public
relations.
Everyone
the
before,
As
time
the
related
had
an
two
by
an
a i r of had
the
step
be
the
next
to
be
would
bargaining
phase,
so
H.E.U.'s)
encounters
combination seemed
as
Vancouver.
last
affair
members
previous
that
re-enter a negotiating
well
in
face-to-face.
knew
also
f o r the
as
Inn
was
t e n s i o n of
present
( i . e . strike)
the
accept
Bayshore
member,
through, a
this
to
of
one-
throughout
ten
( i . e . E.L.R.A.'s
completion
done
cost
exceeding the
to
never
on
a
percent).
at
would
to
began
with
Report
to both
a dinner-dance
held
present
a
on
The
announced
i n attendance.
committees
about
at
prepared
b a r g a i n i n g committee
unrealism
and
was
evening,
also
1976.
thereafter
( i . e . 8.5
was
carried
delivered
agreement
b a r g a i n i n g committees
their
was
2,
Commission
Thursday,
recommendations
percent)
same
through
March
settlement
B.C.H.P.
and
would
made
Inquiry
hearings
shortly
union
eight
That the
and
The on
the
ending
one-year
terms
(.i.e.
5
Monday
Commission
Report
percent.
dations,
of
Christmas,
Inquiry
H.L.R.A.
teen
each
February,
Industrial
th;e I n d u s t r i a l
of
but
would
political
process instead lobbying
saying, "Well,
let's
just
see
a
what
we've happens."
93
On notice
May
on t h e V a n c o u v e r
the
Minister
The
next
Board
to determine
Officers seven
day
on s i t e .
i n front
monitored
By May
o n May
Governor
i n Council meetings
collective
Commission's allowed
Report
ported mission
Report
by t h e The
between
These
On May
a Special
start-
Relations employees
on s t r i k e . a
latter
On
twenty-one
employees but the
were t o
Vancouver
H.E.U.
V.G.H.
from
members
to immediately
26, t h e L i e u t e n a n t Mediator
a n d H.L.R.A.
and, t o review
i n light
with
the a u t h o r i t y
i n order
to conclude
the I n d u s t r i a l
o f t h e maximum
Mediator,
to the Minister
and recommended
o n e t o two y e a r s .
were
t o be r e - o p e n e d binding
Judge
of Labour
acceptance
but changed
from
contract,
at'•.all
and
strike,
ordered
striking
Code.
Inquiry
compensation
increases
A.I.B.
Special
Report,
were
t h e L.R.B. o r d e r e d
H.E.U.
same d a y ,
Relations
a limited
i n Council
t o work.
appointed
strike
positions
s i x thousand
and V a n c o u v e r
employees.
agreement,
was
21, employees
23, a f t e r
a l l striking
of s p e c i f i c
which
hour
that
of the Labour
20, a l m o s t
did return
Later
by t h e I n d u s t r i a l
during
On May
Hospital
rehire
call
period,
seventy-two
73(7) of the Labour
The r e s u l t
in Victoria
t o work.
returned
his
section
the e s s e n t i a l i t y
closely
cooling-off
served
Hospital.
day, the L i e u t e n a n t - G o v e r n o r
General
a
4,
hospitals
return
to
Invoked
i n the h o s p i t a l .
o n May
that
of Labour
General
day h e a r i n g s began
employees ing
1, 1 9 7 6 , t h e u n i o n
issues
to negotiation
arbitration
E. McTaggart,
on J u n e
7.
Inquiry
of the proposed (wages,
supCom-
settlement
job evaluation,
f o r the second
t o be u s e d
submitted
The R e p o r t
of the I n d u s t r i a l
the term
Three
D.
year
i f the issues
COLA)
of the could not
94
be
settled.
allowable further
McTaggart's
under
A.I.B.
review.
were
stated
d i d not l i m i t
guidelines
The u n i o n
recommendations negotiator
Report
but rather
negotiator
acceptable
th_e a w a r d
stated
left
i t open f o r
that
the Report's
to the union.
the recommendations
were
to that
T h e H.L.R.A.
not acceptable
to the
employers. On Agreement or's
June
9, B i l l
A c t , was
75, t h e H o s p i t a l
enacted.
recommendations
The b i l l
retroactive
ember
31, 1977. The " a g r e e m e n t "
approval
primarily
the Special
t o J a n u a r y 1, 1 9 7 6 , a n d i n e f f e c t was
Mediat-
as t h e c o l l e c t i v e
subject
only
signed
the agreement.
f o r show
as s e c t i o n
H.L.R.A.
2(1)(c)
agree-
until
to the
Decfinal
On
June
Shortly
announced
that
23, B r i t i s h thereafter,
Columbia
adopted
the P r o v i n c i a l
publicly-funded
services
refused.
This
of the Act reads:
i f H.L.R.A. o r t h e t r a d e - u n i o n f a i l s t o uments i n t h e f o r m o f A p p e n d i x I t o t h e 5 d a y s a f t e r t h e d a t e on w h i c h t h i s A c t force, the party f a i l i n g to execute the s h a l l be deemed t o h a v e e x e c u t e d them.
tion.
Collective
of the A.I.B. H.E.U.
was
imposed
on t h e two p a r t i e s
ment,
Services
execute docreport within comes i n t o documents
the A.I.B.
Minister
would
legisla-
of Finance
take
the lead i n 2
holding Almost
total three
rollback for
wage
bill
months
later,
of the imposed
1976, n o t i n g
increases
that
f o r 1976 t o e i g h t
on September
H.E.U./H.L.R.A.
t h e maximum
percent.
13, t h e A.I.B. agreement
allowable
ordered
to eight
f o r 1977 w o u l d
percent be s i x
percent. On the
A.I.B.
September ruling
15, t h e u n i o n
i n front
made
of A.I.B.
application
Administrator,
a
to appeal Mr. D o n a l d
95
Tansley. again at
In i t s"Bargaining
on O c t o b e r
7,
the union
a l l B.C. h o s p i t a l s show
Board
by
H.E.U.
supporting
members
noon-hour
Newsletter" recommended
their
the October
followed
disgust
"that
i n front
20, and
union
members
with, t h e A n t i - I n f l a t i o n
14th National
the union's
demonstrations
of September
Day
of P r o t e s t . "
recommendation
by
staging
of h o s p i t a l s across
British
Columbia. On O c t o b e r which
varied
the
A.I.B.
the
imposed
the l e g i s l a t e d
ruling.
to
commenced
hearings
of December
1977,
eliminated
able
agreement
the dental
18, n e g o t i a t i o n s
benefits plan,
"interim
award"
t o comply
with
included i n
were
suspended.
any o v e r p a y m e n t
equal
a n d M r . H u g h G.
on t h e i s s u e s 22, e f f e c t i v e
cost-of-living
pending
began
f o r the second
reached
award
increase
an
o f wages
date.
was
evaluation
issued
s o , a l l new
had t o pay back
t o be r e - o p e n e d
settlement
collective
except
employees
On O c t o b e r issues
McTaggart
In doing
agreement,
Furthermore, received
12, J u d g e
year
the three
of the agreement.
Ladner,
on D e c e m b e r
as
13.
The
resulting
as o f J a n u a r y
adjustments,
postponed j o b
and a l l o w e d
o f t h e maximum
No
arbitrator,
f o r one y e a r
f u r t h e r review,
to s i x percent
regarding
a general
1,
wage
compensation
allow-
i n 1976. The
H..E..U.
A.I.B.
a n d H.L.R.A.
Administrator on J a n u a r y
his
d e c i s i o n on F e b r u a r y
the
A.I.B.
was
t o be h e l d
19-78 — f o u r
order
that
percent.
appeal
arguments
from
13 a n d 1 4 , 1977 , a n d h a n d e d
down
Mr.
Tansley's
decision reaffirmed
t h e maximum
allowable
increase
to eight
18.
heard
percent,
for 1977—six
f o r 1976
percent,
and f o r
96
On
February
ing
job evaluation,
job
evaluation On
award" vided
submitted
h i s award
regard-
c r e a t i n g a union-management
joint
committee.
March
18, 1977, J u d g e Master
f o r the reinstatement
1977,
award.
McTaggart
Agreement.
of three
The r e i n s t a t e d
handed
The f i n a l
clauses
clauses,
down
award
suspended
effective
his "final pro-
by t h e
January
1,
were:
1.
Special leave
2.
On-call ular
Cpaid
Benefits from
with
no
leave loss
suspended
scheduling
end
o ff)
2.
Increased
3.
Cost-of-living On
and
H.L.R.A.
the
memorandum,
the
special
total
benefits
Agreement
reg-
on-call):
pay f o r employees
injured
at
a n d now
t o be
removed
(guaranteeing
every
second
week-
signed
by
allowances
adjustments. a memorandum
finalizing
clause
and wages
June,
on t o p o f
included:
the parties
leave
matters)
days)
provisions
6,
thus
p e r hour
by t h e i n t e r i m award
further recovery
In Master
of s i c k
overtime
April
cents
personal
r e q u i r e d : t o be
(full
Agreement
New
for certain
(sixty
pay f o r employees
the Master
possible
leave
differential
Injury-on-duty work
1.
thereby
f o r t h e 1976-77
interim
3.
28, M r . L a d n e r
both
of agreement
t h e 1976-77 agreed
until
payments within
parties
Master
to suspend
July
Agreement.
by e m p l o y e e s
printed
their
to their
H.E.U. In
implementation
1, 1 9 7 7 , i n o r d e r
the A.I.B.
for distribution
was
of
to avoid
and thus
keep
guidelines. own
versions
respective
of the
memberships.
97
The
H.L.R.A.
ment
version
of June
included
t h e terms
1976, as amended
and v a r i e d
the
a r b i t r a t o r , and t h e A . I . B .
the
original
at
June
July,
H.L.R.A.
declared ruled
improper
that
accepted
the various
applied
only
agreement,
changes
that
On
the agreement
September
1976—77
Master
September
to
mood
regain
leader,
a t t h e H.E.U.
6 a n d 7,
catch-up
i t demanded report
a
wage
general
the
adding
only
"supplements"
had been
made.
the union
b y H.L.R.A.
In
version
was
t o be
H.E.U.
over
September cost
1,
position
noted
union
that
of l i v i n g
and, i n p a r t i c u - :
the union
care
industry
from
the union's agreement
percent,
i n the period also
Index
had i n c r e a s e d
power
o f t h e members' i n c r e a s e s
ever,
with
wage
noted
from
that
thereby
down
government
threatening
of
included with
COLA
increased 1, 1 9 7 4 ,
t h e same
Consumer
dropping
to only
had
January
over
by t h e V a n c o u v e r
20.6 p e r c e n t ,
Director
and t h a t
members' wages had a c t u a l l y
I t was
desired
catch-up.
t h e 1974-75
as measured
the f e d e r a l
While
as h e a l t h
of twenty-one
1973 r a t e s
1975.
conference,
one o f " c a t c h - u p , "
to at l e a s t
increase
increases,
percent
p r o v i n c i a l wage
to the conference
Services
to
reflected
Agreement.
t o B . C . G . E . U . a n d H.S.A.
Technical
clause
1 9 7 5 , was
i t s pre-1973
A
35.3
Mediator,
Strategy The
lar,
agree-
28, 1977, t h e L.R.B.
as c o m p i l e d
Determinants of S t r a t e g y : Early
version
t o t h e L.R.B. t o have
and v o i d .
as t h e p r o p e r
by t h e S p e c i a l
T h e H.E.U.
1976 l e g i s l a t e d
t h e end t o note
of the l e g i s l a t e d
period
Price
the purchasing
14.7 p e r c e n t . t o impose
wage
How-
F i g u r e 13
Early Strategy:
Determinants
recent
settlements
H.E.U.
Strategies
Tactics
comparison
r e j e c t A.I.B. guidelines
argue wage rate consistency political climate
'
—
wage d i f f e r e n t i a l s to r i v a l unions
/
*
Industrial Inquiry Commission
«.
b
avoid
mediation
threaten strike
renounce arbitration previous
experience s e t t l e minor issues early
.intra-union p o l i t i c s
99
controls level, to
i n an e f f o r t
the union
be a r g u i n g
dollar
of
value
most
The
H.E.U.
behind. for
believed be
members
average
shown
told
that
annual
t h e most
one o f c o m p a r i s o n ,
and
equal
the
historical
bers
earned
position
paying
wage
moting
jurisdictional A
ment
Inquiry the as
poor
be
prepared
and t o l d
delivery fringe
labour
members
of p u b l i c
D.
R.
services The u n i o n
Blair.
climate now
against
would
at the cost leadership
a s a means
of
was pro-
of r a i d i n g . by
the P r o v i n c i a l Master
Agree-
of I n d u s t r i a l also
described
industry
to get tough"
and t o
to subsidize
of sub-standard felt
mem-
the employer
i n the h o s p i t a l
attempts
out
b y H.E.U.
The r e p o r t
"time
thus
point
f o r t h e 1974-75 i n front
leadership
( i . e . the former
that
unions
fallen
consistency
also
to the conference
i t was
a stand
rate
would
B.C.G.E.U.
provided
strategy
wage
arguing
concluded
t o members
Union
and t h e p r a c t i c e
given
with
had
had
members
to the other
relations
to "take
benefits."
Mr.
rates
wages e a r n e d
unions'
disputes
time
eroding
I.U.O.E., and wage
The u n i o n
of H.E.U.),
successfully
respect
settlements
the bargaining
Commissioner,
existing
their
industrial
by o t h e r
report,
described
as b e i n g
with
o f 18.9 p e r c e n t .
work.
differentials
second
President,
members
r e l a t i o n s h i p between
and t h o s e
of e i t h e r
to the conference-dealt
that
arguing
"two-digit"
inflation.
e f f e c t i v e bargaining
pay f o r e q u a l
"leadership"
of
recent
increases
the
on t h e b a s i s
a s C . U . P . E . , H.S.A.,
were
were
that
ahead
below
i t t o be a n i n a p p r o p r i a t e
o f H.E.U.
unions
They
felt
of t h e r e p o r t
position
other
inflation
increases
or staying
relative such
leadership
f o r wage
Thus, the
t o keep
that
the
wages and
i t s strategy
100 of
"comparison"
front
best
o f an I n d u s t r i a l
the
person
to
convince
used
would
o f D.
R.
achieve
Inquiry
Blair.
as a means
i f a settlement
period
of
that
agent
of o b t a i n i n g
strike
Commission,
To
the employers'
was
i t s coercive
a
potential i n
particularly
end, the union
that
arbitration
contract,
not negotiated
would would
and t h a t within
i fi n attempt n o t be
the union an
would
acceptable
time.
The
union's
initial
bargaining
demands
f o r wages
strategy
was
therefore
two-pronged: 1.
Support of
2.
benefits
on
the
basis
comparison
Use to
and f r i n g e
the I n d u s t r i a l negotiate The
the
above
Inquiry
Commission
as t h e f o r u m
i n which
settlement.
strategy
was
developed
in light
of f i v e
major
determinants: 1.
Recent
2.
Wage
3.
Previous
climate
Intra-union The
a to
union
patterns.
sector
rival
unions
and a n t i c i p a t e d
difficulties
agent labour's
reaction
to proposed
anti-
legislation) politics strategy
settlements
spokesman,
be q u i t e
new
(.i.e.
comparison
of recent
by
experience,
the employers'
inflation
view
received
bargaining
Political
5.
i n the p u b l i c
differentials
with 4.
settlements
H.E.U.
generous Telephone
was
based
i n the p u b l i c leadership
and f e l t workers
sector.
believed
th.ey w o u l d a n d B.C.
i n large
part
According
these
do w e l l
Telephone
on a r e to
settlements
to follow Company
similar
had s e t -
101
tied
at
th.irty-five
C.U.P.E., increase
Local of
of
ities,
after
C.'U.P.E.
almost
COLA
as
Inquiry
wage
these a
over
to
as
wage
twenty-four In
to
hospital
Employees'
increase
eleven per
clause
ultimate
per
ahead.
for
optimistic
in
was
that
wage by
to
rates the
for
felt
little
plus
a
report
of
recommended
a
months
settlements
confident
in
in
such
demand-
thirty-three
H.E.U. and
the
percent
first
aides
month
represented
Price
i t s leadership
difficulty
would
be
represented of
received for
While
position, encountered
by
those were
thirty-nine
i n wages
Index.
H.E.U.
employees.
B.C.G.E.U.
O r d e r l i e s were
increase
nego-
surpassed
ahead
by
had
Government
agreement
service
per
particular
benefits.by
Columbia
B.C.G.E.U. had
dollars
Consumer
gave
fringe
housekeeping
percent
regain
the
increase
twenty-eight
a d d i t i o n , B.C.G.E.U.
the
wage
months
had
With
hospital
ahead.
one
Municipal-
who
British
Since
Cleaners
a
Regional
COLA.
research,
month
Various
approximately
government,
leader
In
increase goal
the
wage
months.
general
over
settlements,
seventy-four
allowing
percent
other
H.E.U.
dollars
month
plus
N.D.P.
H.E.U.
by
of
(B.C.G.E.U.).
B.C.G.E.U. were
Hall
percent
represented
i n d u s t r y wage
represented
Noel
period.
general
included
H.E.U.
as
to
developments
39.5
a
twenty-four
comparisons,
with
According
the
over
"a
dispute.
monitoring
Union
Victoria
bargained
month
at
twelve
378-I.C.B.C.
tiated the
of
settled
over
percent
months
workers
twenty-four
Greater
recent
reviewing
attention
percent
Commissioner
Local
general
a
U.B..C. h a d
the
increase
use
over
stoppage,
Other
O.T.E.U.
ing
and
twenty—eight
Industrial
the
and
a work
clause.
general
116,
twenty-five
locals
of
percent
a
dollars
COLA each
one
H.E.U.'s they In
were at
102 least the
achieving
leadership As
compared for
well
than
with
those
The by
labour
unions
took
be s u b j e c t
calculated hospital
ition
that
be
required
officials.
As
of exceeding
The
believed
t o be
"Industrial
mined
In part
basic
conflict
through
consistent
assumed
t h e wage
program.
visible
spokesman,
labour
i f wage
would
by
pos-
H.L.R.A.
job action
would
t o government
this
was
in
keeping
and what
H.E.U.
of i t s membership.
Commission
of b a r g a i n i n g
increases
the t a c t i c a l
i n general
the expectation
would
increases
be r e f u s e d
s t r a t e g y " was
a r e c o g n i t i o n by u n i o n
orientation
organized
for a l l positions in
limitations,
a protest
Inquiry
influ-
concerned
on w h i c h
settlement
of organized
between
Furthermore,
the union
by a u n i o n
shape
also
anti-inflation
rates
federal
to form
stated
the p o s i t i o n
leadership
Thus,
parity
p u b l i c l y - f u n d e d employees
the base be
t o 109
demand
was
The d e b a t e
control.
a proposed
i n order
taking
i n a proposed
at least
industry.
the grounds
then
that
engine-
f o r settlement.
government.
limited,
should
on
with
battle
p e r month
shift
seventy-four
t h e r e f o r e , would
and I.U.O.E.,
Technicians
class
s t r a t e g y " of the union
t o any such
should
earning
as a minimum
the p o s i t i o n
eventually
b y H.E.U.
Fourth
H.E.U.
H.S.A.
149 t o 170 d o l l a r s
b y H.E.U.
in itself
settlement,
unions,
covered
earning
H.E.U.,
t o be i n c l u d e d
not
the
more.
and t h e f e d e r a l
union
be
were
"comparison
The
by i t s r i v a l
positions also
the p o l i t i c a l
controls
were
received
which
to the membership.
t h e R.C.G.E.U.
by I.U.O.E. were
p e r month
a result
be s a t i s f a c t o r y
represented
its rival
enced
would
b y H.S.A.
represented
dollars
w i t h . R.C.G.E.U.,
as r e v i e w i n g
specific
represented
ers
felt
the rates
those
more
parity
leadership
i n the h o s p i t a l
deterof the industry.
103
In
light
ing
of a past
numerous
gotiator
in
assumed
that
Health
was
aware
been
the r e s u l t
tiated
was
putation that
that
union,
while
i t was
inherent
however, first
require
would
that
was
wished
take
one t h r o u g h
the negotiator nonetheless
some
negotiations
further
and had from
substan-
thus
only
refelt
i n f r o n t of
i f necessary,
o f an i m p o s e d
arbitration.
The
i t had an
a negotiated
settlement
was
as-an
under that
A union
no p r e s s u r e
position.
analysis.
rather
"to prove would
of the r e s p o n These
statements,
The n e g o t i a t i o n s
negotiator.
obli-
spokesman
t h e membership
abrogation
settle-
union
felt
arbitration.
f o r th:e u n i o n
trustees
by h i s
H.E.U.
could,
leadership
i n the n e g o t i a t o r ' s
The
settlement.
believed
for arbitration
was
1975, t h a t i t s
place
not desirous
to achieve
which
f e e l i n g , was
to the union
likely
to avoid
the union
the
approach
September,
known
direct
with
"too rich"
A hardline This
f o r an imposed
however,
receive
the opting
sibility,
was
i n early
ne-
to i t s p r i n c i p a l s .
whose r e c o m m e n d a t i o n s
to i t s membership
himself,"
the
mediator
stated
merely
stated
view
negotiations
and s p e c i f i c a l l y
negotiator
than
bargaining
certain hospital
H.E.U.
anticipated.
t o be a n e g o t i a t o r
as t h e b a s i s The
gation
by
during
Association
itself
bargaining."
announced
now
as a " h a r d l i n e r " and " u n i o n - b u s t e r . "
level
used
ment
therefore
was
serious
high
be
of " s o f t
was
includ-
the union
be a c c o m p l i s h e d
held
with
distrust,
bargaining,
Relations
to prove
agreement
when H.L.R.A.
President
H.E.U.
of the o p i n i o n
the previous
H.L.R.A.
would
Labour
the p o s i t i o n of having
that
a
little
Furthermore,
accredited
union
of union-management
a l l e g a t i o n s of bad f a i t h
negotiations. newly
history
The
were
union's
104
previous was
negotiator,
now
holding
archy. an
Eased
H.L.R.A.
a well-liked
a senior
advisory
on comments
bargaining
made
negotiator's
appointment
imous
support
neither
ly,
therefore,
great
deal
"good" union
settlement
as an i n d i c a t i o n union
believed Inquiry
arbitrator,
t o be i n f l u e n c e d
sentiment.
The p r e v i o u s
ment) had been as
Industrial
Special had
Officer
assumed
lead
that
t o more
tion.In
order
an
Industrial
maintaining
a tough
on
i n negotiations
of
obtaining
was
Intended
not
settle,
was
a lesser
possibil-
public
now
bargaining
H.E.U. w o u l d
to the
anti-union
( i . e . t h e 1974-75
which
H.L.R.A.
itself
report,
while
a t t i t u d e , H.E.U.
strike.
a
would direc-
Therefore, to
accept
concurrently announced
arbitration
of renouncing
t o H.L.R.A.:
Blair
created,
agent
relations,
t o H.L.R.A.
Agree-
Blair's
was
not moving.
impetus
The t a c t i c
Mr.
bargaining
labour
not seek
Master
o f M r . D.R.
Furthermore,
apparently
i t would
threat
i n front
employers'
Commission's
as a c l e a r
appeared
a
by t h e c u r r e n t
after
a settlement.
even
a
t o an
the necessary
that
like-
skills.
there
and c o o p e r a t i v e "
Inquiry
unan-
as o p p o s e d
an a c c r e d i t e d
to provide
that the
under
To a c h i e v e
have
and
Commissioner,
agreement
H.L.R.A. was
in
that
Commissioner.
Report,
"mature
which
may
hier-
I t i s very
was, i n f a c t j
himself."
successfully negotiated Inquiry
appear
position received
negotiator
member,
representative
nor membership.
arbitration
staff
the union
i t would
o f weak n e g o t i a t i n g
also
f o r an I n d u s t r i a l
to that
" t o prove
through
a union
member,
staff
the union
of pressure
The ity
that
position within
by b o t h
committee
union
from
and w e l l - r e s p e c t e d
early
as a means arbitration
i f H.L.R.A.
would
10 5
During was
to reach
small.
Inquiry
when
trading
points was
1975) t h a t
government. that
The
was
parity
with
during
union
participate First,
This an
was
important
the h o s p i t a l
another
be
of the union's
reached.
Third,
ity
to impress
ing
stance.
by t h e f e d e r a l
announced
a figure
offer"
upon
step,
H.E.U.
was
Inquiry were
announced
H.L.R.A.,
purposes.
bringing
Commission
desirous
guidelines.
to remind
stage.
regarding
Second, i t
the
employers'
to s t r i k e
should
i t allowed
the union
n e g o t i a t o r an
the union's
bar-
of r e a c h i n g
i t s decision
intention
t h e membership
the
refused to
three
opportunity
that
from
served
A.I.B.
t o H.L.R.A.
f a r below
tactic
as t h e y
the Province
(October
unions.
to the I n d u s t r i a l
allowed agent
enacted
of i n d i c a t i n g
percent,
This
of the f e d e r a l
t o use as
to bargain accordingly.
of the " f i n a l
implementation
issues
i n d u s t r y t o be o u t s i d e t h e
continue
to the union
before
H.E.U.
was
s t r a t e g y , H.E.U.
the mediation
more q u i c k l y
agreement
legislation
at eight
i n mediation.
minor
negotiations
o f f n e g o t i a t i o n s and s u b s e q u e n t l y
by a v o i d i n g
gaining
fewer
f o r H.L.R.A.
of d i r e c t
B.C.G.E.U. a n d t h e r i v a l
broke
on t o t h e I n d u s t r i a l
remain
a s t r a i g h t f o r w a r d means
receipt
their
demands.
and would
not settle
tactic
however
to improve
moved
issues
the union
as p o s s i b l e ,
tend
would
the period
considered
Following the
There
union
As p e r u n i o n
would
would
and fewer
against
of the A.I.B.
tactic
union
stage.
the A.I.B.
the union
bounds
this
points
the b a r g a i n i n g process
discussion,
It
negotiating sessions
on a s many
believed
Commission
confuse
14,
agreement
The u n i o n
position
to
the d i r e c t
agreement not
"tough"
opportunbargain-
106 Shortly was made H.E.U.
thereafter,
f o r the appointment
was m o r e
H.L.R.A.
that
outstanding
than
issues.
According anticipate
i n front
votes
Columbia. Inquiry ship's in
Until
.
the
was
b u t t o meet
. . .
open
depicted
this
as " f l y i n g ever
hospitals
attempted
threat
of work
chose
a
really
the
concessions
across
o f Mr. B l a i r
through
settle
from
Thus,
preparations f o r
as
British
Industrial
to m a i n t a i n
the "Bargaining
i t s memberNewsletter,"
a s a n o r g a n i z a t i o n " s e t up f o r leaving
union
The p r o p o s a l s
i n the face
t o a l l members." stoppage
would
with
members "no o f H.L.R.A.
of the union's
p u t t o any o f t h e u n i o n ' s
an i n s u l t
d i d not
Commission.
h a d made
challenge."
r e q u i r e d f o r an a g r e e m e n t
Later
to force
n o t CO-OPERATION," t h u s
. the worst
ulus
Bargaining
The u n i o n provide
H.L.R.A.
position Com-
believed
the coercive
t o be
that stim-
obtained.
Strategy There
the
for job action
described
mittee
the union
the union
Inquiry
at twenty
to
was m e r e l y
I t nonetheless
H.E.U.
to
position.
spokesman,
the appointment
H.L.R.A.
CONFRONTATION
were
o f December,
Commission.
be u s e d
the assurance
a s an a t t e m p t
t o be t a k e n
support
not subsequently
of the I n d u s t r i a l
Commissioner,
which
choice
to a union
Inquiry
application
i t s v e r b a l assurance
previously stated
threat
the beginning
strike
would
t o go on s t r i k e .
of s t r i k e
H.L.R.A. by
having
to give
For the union,
of t h e i r
E . E . U ./H . L . R. A.
o f an I n d u s t r i a l
willing
arbitration
reaffirmation
tactic
a joint
Industrial
were
events
Inquiry
which
Commission
occurred that
during
influenced
the p e r i o d of the: u n i o n
to
107
modify
its
original
bargaining 1.
strategy
"satisfactory"
Inquiry
Commission
demands
Continue
to
in
use
positions.
thus
Achieve
union 2.
the
strategy
For
later
stages
of
became:
recommendations
which
excess
the
could of
later
A.I.B.
comparison,
but
from
be
the
used
Industrial
as
support
for
limitations
emphasize
historical rela-
tionships 3.
Strike The
factors
1.
Provincial
2.
Federal
3.
Bargaining
4.
Intra-union
lost
Credit power in
political
political
In ment
that
of
the
December,
provincial
general
The
former
choices
were:
A.I.B.
rival
turn
the
return
unions
labour-supported
order
public
and
of
public
government
back-to-work
sufficiently
and
election
partially reflected the
strategy
politics
government.
which
these
climate
climate
tactics
early
the
determined
the
replaced
Social
by
Credit
issued
dealt the
with
previous
around.
governa
Social
Party
d i s s a t i s f a c t i o n with
had
opinion
was
N.D.P.
to
the
manner
labour.
Even
August
could
Within
a
a not
decidedly
pro-management,
a n t i - i n f l a t i o n , restraint-oriented
climate,
leadership
that
award
reflective
high
arbitrated
of
these
award
felt trends
in
improbable.
H.E.U.
to
reach
rather
than
have
During
a
arbitration
public
sentiment,
It
therefore
was
satisfactory the
the
would
bargaining Industrial
produce
thus
an
making
increasingly
agreement process Inquiry
in
front
continue Commission
a
important of
union
for
Blair
further. hearings,
i t
108
became
obvious
continue and
further.
was w i l l i n g
position would
for
t o make
a settlement
tagged
however, public
as to whether
employees,
province
would
continued the
settle
eventually
adopt
issues,
as t h e t o t a l
began
was
i t likely
included
of comparison,
even
( a s now
appeared
likely),
H.E.U.
consideration"
i n front
of the A.I.B.,
would
non-federal
Thus
citing
of the government-appointed
or i fthe
the union
believing n o t be
i f H.L.R.A.
could
were
no i n d i c a t i o n ,
the regulations.
As a r e s u l t ,
to .
regulations
s t i l l
Report
of
according
i n d i c a t i o n a s t o when
Commission's
their
cost
to consider
A.I.B.
regulations no
seriously
H.L.R.A.
The u n i o n ,
There
was t o
any c o m b i n a t i o n
so long
time
on t h e b a s i s
legislation.
recommendations
unchanged.
percent.
block. A.I.B.
I n d u s t r i a l Inquiry A.I.B.
Increases,
and, i n f a c t ,
to bargain
on n o n - m o n e t a r y
n o t be r e a c h e d .
as t h e s t u m b l i n g
the process
bargaining
for itself
f o r the f i r s t would
now
remained
to choose
eight
that
was
concessions
1976 d i d n o t e x c e e d
that
H.L.R.A.
a n d wage
spokesman,
negotiator
guidelines
the union
benefits
union
by
While
on A . I . B .
allow
fringe
a
to the union
argue
that
influenced would not
for "special
as s u p p o r t t h e
Industrial
Inquiry
Commission. The modified and
to
those
pay, and
were
also
o f H.E.U.; dental
severance both
1976.
involved
The u n i o n s '
wages,
islation,
of arguing
i n mid-February,
H.S.A.
H.L.R.A.
strategy
demands
allowance. R.N.A.B.C.
In that
comprised
on-call
hours
h a d t o be
month
in collective
f o r example, plan,
comparisons
areas
with
of i n t e r e s t
o f work,
In r e c o g n i t i o n
R.N.A.B.C.
bargaining
differential,
a n d H... S.A.
both
slightly
similar
statutory special
holiday
leave,
of a n t i - i n f l a t i o n
agreed
to r o l l
back
leg-
some o f
10 9 their to
demands.
follow
The
of
suit,
union
focus
of
H.E.U.'s to
expected,
nor
one
worried
to
a
the
or
the
in
view
package
to
afford,
rollbacks
approved
but
of
the the
by
the
I n d u s t r i a l Inquiry
unions.
past
years, not
demands done
H.E.U.
the
relationship
should
had
strategy.
readjust
other
their
unions
that
to
union
lower
H.E.U.
comparison
over
the
"leader" stated
the
that
to
on
historical
position
spokesman
affect
the
the
strategy,
the
of
pressure
i t s demands
"follower"
of
great
highlight
they
more
union
that
negatively
to
modified
could
placed
lower
compensation
according
theless,
not
i t s arguments
of
because
actions
particularly
decided
H.E.U.'s
Because
These
be merely
so.
None-
leadership
other
unions
Commission's
now would
recommenda-
tions. Strike inally nomic in
a
part gain
"no
of as
action the
a
as
union's
result
choice"
of
recommendations.
bership
that
was
rejected
labour
had
policies
of
totally
ed
primarily
in
due
would
A.I.B.
federal
to
across
prepared
A.I.B.
such
block
deprive the
The for
their
and way
union
be
had
necessary
government, a
the
means
were to
of
"just"
i f a
of
not
orig-
hope
for
eco-
found
itself
r e f u s a l , to told
settlement
Furthermore, the
organized
wage
control
A.I.B.
guidelines
inflation
of
a
fair
strike
action
the
membership stoppage In
intendUnion
general
settlement.
and
wage.
for
a work
accept
i t s mem-
proposed
curbing
felt
was
previously
public
expectant a
union
against
calling
leadership
little
describing
working were
the
threat
H.L.R.A.'s
legislation.
country
H.E.U.
With
action,
campaigning
i n e f f e c t u a l as
protest.
been
to
strike
strategy.
The
actively
the
as
leaders
strike
been
to
situation following
Blair's
a
opposed
had
thus
should
addition,
110 regardless
of
the
stated
that
sarily
expensive
to
i t would
explain
obtain
the
approval
help
bring
required, if
union
failure
about
i f indeed
could
a
chosen
be,
union
negotiator.
nized
the
at
the
of
very
union and
the
negotiator.
union
It
the
the
A.I.B.
ment
would
would
perhaps
was
now
Social
imposed
not a
permit
recommendations.
receiving
an
Blair
Report.
by a
five
as
including
In
73,
was
fact, full
the
to
of
have
union
of
the recog-
strike power,
confidence
the
December
had
not
yet
that but
Industrial union
the
"anti-wage"
strike,
13.96
admit
conference
speculated
the
a
prohibitive
status
of
of
actually
a hospital
province
the
to
expense
expense
be
the
since
hospital
the
to
a vote
thus
order
powerful
no
However,
against
The
on
The
display
months
based
spare
a
l e a d e r s h i p must
Section
union
as
provincial
public
lengthy
mission's
the
union
Party.
settlement
award
full
important,
The a
a
a protest
almost
guidelines.
impose
as
most
Credit
great
d e t r i m e n t a l to
while
solidarity,
so
in
attempt
conference
i t necessary.
least,
supported
to
settlement.
be
to
and
itself
expected
provincial
not
Thus,
islation,
t i o n of
full
unneces-
further consideration.
presenting
favourable
strategy
limitations
nonetheless
show
direction.
r e q u i r e s some
and
conference
strategic
l e a d e r s h i p thought of
provincial
be
negotiator
unwise
strategies
usually
a
union
politically
a union
certainly
would
was
a
the
previous
comment
would
strike,
another of
equal,
party
conference,
call
latter
a
been
f o r a new
t h i n g s ~.being
bargaining to
to
of
have
failures
This All
outcome
the
percent
legin
elecadopted govern-
instead
Inquiry
was
a
h_opeful
Comof
increase
of
Ill On Vancouver day
May
1, H.E.U.
General
had r e s u l t e d
gave
Hospital.
72-hour
A strike
i n an 87.1 p e r c e n t
strike vote
notice
held
majority
to the
earlier
that
i n favour
of
strike
3
action. was
A union
chosen
unit
spokesman
as the f i r s t
i n the province,
major
teaching
cause
the g r e a t e s t
press
coverage.
the
union
receive
only
Perhaps
because
referral
stoppage
disruption
General
i t was
Hospital
the
hospital,
there
could
largest
and t h e
potentially
and r e c e i v e t h e g r e a t e s t
equally important,
was
strike
Vancouver
to strike
A work
service
the need'for
though
the union
not stated
by
negotiator to
mandate.
the ninety-nine h o s p i t a l s
the Vancouver
Report's
that
the p r o v i n c i a l
spokesman,
Of
un.it
hospital.
a strong
stated
General
recommendations,
voted
represented
against
on t h e b a s i s
by
acceptance
that
H.E.U., of the B l a i r
the recommendations 4
were
t o o f a r under
negotiator his
own
choose in
a hospital
would
suit.
Hospital 75.4 feal
voted
percent; 72.0
this
from
i n order
to secure
politically
which
necessary
a large
guaranteed.
subject
was
to peer
By
the thinking was
87.0 p e r c e n t Jubilee,
behind
successful:
i n favour
pressure
using hospital
follow
the t a c t i c , i t
Surrey
of strike"*;
63.4 p e r c e n t ;
to
strike
thereafter,
lasted Judge
sixteen
days,
Memorial
Victoria
and, L i o n s
D.E. T c T a g g a r t
ending
to
majority
as t h e p r e c e d e n t - s e t t e r , o t h e r
the t a c t i c
Royal
vote
i t was
Since the union
Gate
General, Hospi-
percent. The
Shortly
vote
demands.
of support
was v i r t u a l l y
be s u b s e q u e n t l y
that
show
the union,
action
General
I f , indeed,
be s a i d
within
original
f o r the f i r s t
of s t r i k e
Vancouver
units
can
required a strong
credibility
favour
the
the union's
o n May
was named
20, 1976.
Special
Me-.
112
diator.
His 'recommendations,
Collective it
had
Agreement
hoped
diately.
for.
randum o f
arguing
on
I.U.O.E.
the In
McTaggart's
reports from
June in
In
1976
1978
plus,
of
course,
the
well
for
benefits,
to
a
Master planned
begin
demand
the
already
in
tactic,
the
Services
exactly
agreement
as
part,
1977
of
strategy
presented of
March
a
was
with. B.C.G.E.U.,
the
what
imme-
both
support
memoseries to
continue
H.S.A.,
Blair's the
of
and
and
H..E.U.
position
appointees.
involved tactic
the
was
argue
that
1977, of
language,
previously the
It
noted,
in
With the
the of
soon
original receive
1976-77, 1978
union
negofelt
previously and
H..E..U. v e r s i o n
i t
bargain-
already
was
the to
the
should
for
increase.
implementation contract
part
emphasizing
bargained
September
of
bargaining,
Agreement to
printing
actually
contract
A.I.B.
in
the
union's
already
ruled
widely
unsuccessful to
be
improper
void.
Determinants Early
1978
allowable
eventually
therefore,
The
i t had
as and,
The
union
the
The
L.R.B.
H.E.U.
imposed
most
tactic
distributed. the
the
for
government
for
what
would
to
Hospital
gave
to
evidence
H.E.U.
scheduled
ed
as
final
tiations do
the
printing
least
the
leading
comparison
Agreement.
award, at
of
two
developed
commence.
A.I.B.
basis
Master
strategy
consisted,
the
H.E.U.'s 1976-77
19 76)
signed
events
addition,
received
9,
in
refused.
agreement to
(June
union
remaining
presentations
had
The
H.L.R.A. The
Act
embodied
of
Strategy:
H.L.R.A.
Strategy The
bargaining
for
the
1976-77
Master
Agreement--was. a
113
first was
f o r t h e H.L.R.A.
now n e c e s s a r y
benefit but
was t o l d
tactics gotiator
had been
to this
management
tactics
According
cause
the union
party
award. Going
a strategy,
to withdraw
into
I.
E s t a b l i s h H.L.R.A.
2.
Stall
the bargaining
process
3.
Avoid
arbitration —
settle
4.
The
as tough
u s e A.I.R.
H.L.R.A.
made
1.
Intraorganlzational
will
tactics f o r How-
as a s e r i e s
more
than
and seek
likely
a
strategy
at f i n a l
mediation
third-
positions
to impress
as t a r g e t
was c h o s e n
politics
(.i • e.
to quickly
stage
(i.e.
Commission) bargaining
i n light
point
of the follow-
t h e new b a r g a i n i n g
agent
its principals)
I n s t i t u t i o n a l - c h a r a c t e r i s t i c s Cl.e. d i s t r i c t able
by t h e n e -
negotiators
guidelines
strategy
determinants:
2.
"Hardline"
follows:
ing
had
"tougher"
than
t h e H.L.R.A.
t o be an I n d u s t r i a l I n q u i r y
If possible,
nego-
do i s s a y " n o . "
negotiations
negotiations,
be l i s t e d
expected
as
from
can
wanted
rather
hardline
comprised
as c h i e f
are the easiest
i n itself,
the
bargaining,
t h e E.R.C.
need
for
who
to statements
hardline
as a s t r a t e g y
be
chosen
they
under
a l l a negotiator
following
not merely
member
the case
writer,
to use:
ever, i f used
The s t a f f
required.
accredited, i t
and a d m i n i s t r a t o r s
by h i s p r i n c i p a l s t h a t
than
were
recently
whom H.L.R.A. w o u l d
trustees
membership.
bargaining
of
with
f o rthe h o s p i t a l
tiator
Keen
t o e s t a b l i s h : an i m a g e ,
of the union
H. L . R . A . ' s
Having
respond
to union
demands)
councils not
114 F i g u r e 14
Early Strategy:
Determinants
Intraorganizational politics
H.L.R.A.
Strategies
E s t a b l i s h H.L.R.A. as Hardline Negotiators
Tactics
H i r i n g of " h a r d l i n e " President Prepare demand-fordemand
Institutional Characteristics the
Stall process
A v o i d d i s c u s s i o n of monetary i s s u e s
jAnti-Union P o l i t i c a l Climate
A.I.B.
Avoid A r b i t r a t i o n : s e t t l e @ IIC
Settlements
B.C.H.P.-Hospital's Budgets
Application for Mediation
Serious n e g o t i a t i o n i n f i n a l mediation stage, o n l y
Labour L e g i s l a t i o n
Recent
S u b s t i t u t e Committee sent t o A P r e - n e g o t i a t i o n sessions
Use A.I.B. g u i d e l i n e s as maximum
"Offer" l i t t l e or nothing i n e a r l y stages
Refuse to n e g o t i a t e beyond e i g h t p e r c e n t increase
115
3.
Pending
anti-inflation
4.
Timing
5.
Anti-union
6.
Other
7.
Multi-stepped
o f B.C.H.P.
In
For
the f i r s t
agent
who
that
i n the public
mediation
and a r b i t r a t i o n
1975, t h e L a b o u r
agent
time,
could
implementation During
climate
certificate
bargaining
with
perhaps
ing
on t h e p a r t
and
produce
representatives
o f t h e 1974-75 i t s ..negotiators
from
a union
with
was
hoping
of a " h a r d l i n e r " to the p o s i t i o n of P r e s i d e n t
tough the
union
member
impression
tactics, their
by
always
kept
actions
"too r i c h "
expected
agents.
expected
crit-
The
a
appoint-
i n early
Sep-
the p r i n c i p a l s . i n mind t h e
h a d t o make
on
both
and t h e h o s p i t a l s . With
H.L.R.A.
the approach
i n choosing
bargaining
bargaining
bargain-
a number o f
i t s provisions
T h e h o s p i t a l s now
,
t h e new
had been
ment
staff,
employers'
stated
that
However,
of strength
H.L.R.A.
an
and mature"
show
tember, 1 9 7 5 , c o n f i r m e d
accred-
bargained.
a n d H.L.R.A.
labelling
new
an
Columbia.
spokesman
cooperative
i n B.C.H.A.
their
i t the
i t had
of the employers.
"too soft."
issued
f o r t h e i n t e r p r e t a t i o n and
writer,
agreement,
Board
making
f o r which
a "more
B.C.G.E.U.)
processes
of B r i t i s h
unrealistically,
would
ical
this
(.i.e.
be b a r g a i n i n g
responsible
organization
hospital
would
of the agreement
an i n t e r v i e w
attitude
t o t h e H.L.R.A.
the union
sector
Relations
f o r the h o s p i t a l s
be h e l d
the union,
announcements
settlements
August
accreditation ited
h o s p i t a l budget
political
recent
legislation
was
the organization perhaps
to prepare
a little
just
i n the process
t o o slow
f o r the upcoming
of s e t t i n g
i n appointing
bargaining.
Such
a an
up,
staff appoint-
116 merit
was
n o t made
until
position
was
prepared
when n o t i c e
negotiator 1974-75
no
agreement
the
district
October
bargaining the
early
d i d g e t underway
councils
were
committee.
could
un-
The
a list
but the Board
were
of
h a d made
strategy
i n responding
As a r e s u l t ,
of n e g o t i a t i o n ,
served.
regarding
give
itself
f e e l i n g s about the
and demands
so l o n g
the Board
was
to prepare
to the union,
any a p p r o v a l s
found
Board's
enough, t o b e a b l e
nor given
stages
H.L.R.A.
t h e H.L.R.A.
to give
20 b e f o r e
of the President's
t o commence b a r g a i n i n g
well
negotiations
the f i l l i n g
As a r e s u l t ,
knew
demands
decisions
When
announced.
assigned
management
after
positions.
exchanged,
that
i t was
i t s i n s t r u c t i o n s to the
H.L.R.A.
avoiding
had t o s t a l l
discussion
through
o f any
"hard"
issues. Stalling to
offer.
Its on
wage
increases
when
very
least, October
mittee be
held
trator,
believed
beyond
had a d d i t i o n a l b e n e f i t s
the l i m i t s
( a s was, i n d e e d ,
t o be u n w i s e
federal guidelines
14 p a s s a g e
according
While
legislation
an e x t r e m e l y
fused t o b a r g a i n time,
unknown
appeared
stages
f o r the f e d e r a l government
legislation. were
imposed
the e a r l y
time
of the proposed
nonetheless
age
the
I t allowed
anti-inflation
ability it
through
powerful
would
soon
bargaining
percent
guidelines
hand
down
packat the
position.
Following
H.L.R.A. r e At
this
the bargaining would
to the h o s p i t a l i n d u s t r y , I n , would
a wage
limitation.
that
i f called
placed
the a p p l i c -
provide,
legislation,
negotiator,
applicable
even
to negotiate
t o t h e H.L.R.A. the A.I.B.
t o be
to the h o s p i t a l i n d u s t r y ) ,
of the A.I.B. the eight
to release
probably
and t h a t
a parity
award
an
comnot arbi-
to the
union.
117
Nonetheless, a
point
eight
calculate
in
hand,
would
and r e l e a s e
prior
t h e wage
no l o n g e r
commence
rather chose
than
by
conflict of
proper could
given
to argue
ensue. that
the s a t i s f a c t i o n
process
was
gaining
committee
behalf
o f H.L.R.A.
then
from
to
t o pay
o f good
that
As
faith
bargaining
described
a n d , as s u c h ,
by a c e r t a i n
had t o abandon
Board
agent
allowed
that
negotiations
Code,
which
date
whether
its
argument.
was
and t h e
established
bargaining
A substitute
the p r e - n e g o t i a t i n g dialogue
Board
no
the
intentions
i t also
Relations
f o r one week.
that
was n o t
not o n l y . e s t a b l i s h e d
of the employers'
attended
and b e l -
H.E.U.
agent.
62(4) of the Labour
halted
notice
H.L.R.A.
of d i s r e s p e c t
of the Labour
eventually
years,
agent.
f o r H.L.R.A.'s p r i n c i p a l s ) ,
to ensure
figures
which
ability
bargaining
tactic
o f t h e H.L.R.A.
effectively
these
fig-
on t h e i n d i v i d u a l h o s p i t a l s ,
i s t o be assumed
the legitimacy
budget
of previous
as a s i g n
this
to s e c t i o n
notice
position
practice
h a d y e t t o be g i v e n Due
With
of the employers'
and l a c k
o r n o t , H.L.R.A.
However,
action
i n front
--
chance t o
1976 o p e r a t i n g
of the union, .claiming
least
point
factor.
served
negotiator,
Cat
notice
allows
this
a better
as t h e h o s p i t a l s '
accredited
the legitimacy
the union
H.L.R.A.
to
on t h e n e w l y
orientation
B.C.H.P.
be i n a s a f e r
was
target
of p a r i t y .
of bargaining.
the accepted
bargaining
t h e H.L.R.A.
th.e c o s t
give
be an unknown
on t h e p a r t
recognizing
the employers'
the h o s p i t a l s '
package
to i n t e r p r e t
ligerence
also
would
Following to
than
to the completion
H.L.R.A.
negotiate would
became
substantially less Stalling
ures
percent
of only
session very
baron
limited
118
value
would
gaining
result.
process The
egy in
and d e l a y
political
determinant. power,
union
public
avoided
anti-union ing
recommendations
arbitration. ber, by
political H.E.U.
one
party's
The
union
on
felt
ative judge. that
that
formal ceptive
reasons
exactly
were that
that
believed
still anti-
i n the
could
stage,
he
these
on t h e
would
labour
result-
an I n d u s t r i a l acted
more
based
considerations
a
Inquiry
on s u b j e c t i v e
and w o u l d
Commission, represent-
referee-cumhand,
would
therefore
assumed
be
less
be more r e -
i n t e r p r e t a t i o n of the
sentiments. would
result
greater
as a p u b l i c
hearings
and would
arbitration
other's.
on t h e o t h e r
Commission
anti-inflation that
have
Thus
however,
of the
as an i n d e p e n d e n t
respresentative, Inquiry
more
mem-
influenced
settlements.
might
reach
committee
be l e s s
the opposite
the former
to
arbitration;
sentiment
than
process
bargaining
to avoid
of a r b i t r a t i o n
anti-union,
negotiator political
public
the latter- acted
t o arguments
public's
by r e c e n t wanted
those
strat-
turning
bargaining
the- b a r g a i n i n g
a n d H.L.R.A.
Industrial
than
a was
stoppages
a positive effect
an a r b i t r a t o r
than
The e m p l o y e r s ' the
also
t o be
Commission
b y a n H.L.R.A.
on a n a r b i t r a t o r
while
bar-
of the Commission.
climate
the assumption
the:
government
o f work
Inquiry have
was
t o H.L.R.A.
i f serious
d i d n o t want
believed
influence
might
As n o t e d
H.L.R.A.
both
that
the I n d u s t r i a l
H.L.R.A.
i n the province
appeared
felt
to s t a l l
of n e g o t i a t i o n .
t o t h e high, number
sentiments
was
a labour-supportive
opinion
H.L.R.A.
until
again,
the. o n s e t
climate
While
i n response
province.
The p u r p o s e ,
T h e H.L.R.A.
n o t be i n f l u e n c e d I n an award
based
by
119 largely
on c o m p a r i s o n The
that
most
recent
o f K.C.G.E.U.
achieved
by t h a t
union
H.L.R.A.
resistance
point,
parity.
Thus
The seek in
arbitration
retrospect,
time,
however,
H.L.R.A.
stated
possibility nor
as a means
t o have
that
dustrial
Inquiry
o f an
negotiate
in
w h i c h , some
for of
lieved
form
since
i t s best
was n o t r e a c h e d
possible
negotiator
threatened
H.E.U.'s
by t h e
intention)
H.L.R.A. i n front
H.E.U. w o u l d
appear,
At the
seriously
request
provided
negotiator would
still
of the I n the
appoint-
d i s i n c e n t i v e f o r H.L.R.A.
process.
level
believed
only
result
of a mediator.
p o s s i b l e , H.L.R.A.
each
another
In a r e l a t i o n s h i p
o f t h i r d - p a r t y i n t e r v e n t i o n was
use i n f r o n t
the l a s t that
would
strategy.
o f no a r b i t r a t i o n .
then
result
would not
a s t h e H.L.R.A.
being
i n the bargaining
negotiations
mediation
until
early
Code
t h e H.L.R.A.
future
they
achieve
neither
threat
i f a settlement
Labour
to
early
(Ithe
Commission,
that
a settlement
likely
felt
would
avoided.
not taken
Thus,
as a
arbitrator.
The
in
would
extremely
agreement
s u i t e d H.L.R.A.'s was
was
settlement
t o be
arbitration
of o b t a i n i n g
H.L.R.A.
by t h e p r o m i s e
that
b y H..E.U.
arbitration.
writer,
believed
bility,
the union
of a s t r i k e
consoled
ment
well
with
t o be
t h e announcement
through
to this
was
the
b y H.L.R.A.
believed
announcement
believed
settlement
use p a r i t y
arbitration
early
government,
considered
a n d H.L.R.A.
settlements.
with: which, t o compare
t h e N.D.P.
was
would
recent
settlement
Under
generous.
in
with, o t h e r
level
concessions
i n trading With
had l i t t l e
was: r e a c h e d .
successive
that
a strong
incentive
T h e H.L.R.A.
made
points
more, t h a n
lost
one
to
would
level
negotiate
negotiator
of I n t e r v e n t i o n
possi-
be-
only con-
120
cern and
itself what
gain
the d i f f e r e n c e , between
i t had a l r e a d y
until
would of
with
i t believed
be s o u g h t
H.L.R.A.
that
b y the
that
received. no
Thus,
the union
H.L.R.A.
additional levels
union.
the f i n a l
what
I t was
level
demanded
would
not bar-
of i n t e r v e n t i o n
the i n t e n t i o n
(and hope)
be t h e I n d u s t r i a l I n q u i r y
Com-
mission . The was
done
H.L.R.A.
avoid
from
recommendations union
instead
employers
discuss
1975,
was
hardline: plus
reflect
positions than
trading
the period
monetary
considered no wage
primarily
to impress
move There
negotiations was
no
often
on a n y g i v e n
Its "final
an o f f e r
decided
demands.
H.L.R.A.
31,
f o r 1977,
"final
member,
was
and, secondly,
which
would
sufficiently
This
the I n d u s t r i a l Inquiry
i n t e n t i o n of t a b l i n g
union
increase
of b e n e f i t s . committee
between
provided
of October
t o be
f o r 1 9 7 6 , n o wage
bargaining
these
of the union.
I t also
offer"
Board
As
H.L.R.A.
negotiations,
H.L.R.A.'s p r i n c i p a l s ,
toward
the basis f o r
to a c t u a l l y "win"
t o use a g a i n s t
of d i r e c t
stage
recommendations
to those
a loss.
Com-
at t h i s
of compromise
issue,
respond
minimize points
that
form
f o r the employers
o f a number
t o a n H.L.R.A.
aware
some d e g r e e
b y t h e H.L.R.A.
according
seriously
are not reached.
merely
issues.
increase
the e l i m i n a t i o n
also
Commission
of merely
with
During not
was
the p o t e n t i a l existed
issue
the
H.L.R.A.
settlements
demands
the I n d u s t r i a l Inquiry
to bargain
when
demands r a t h e r
of employers'
prepared
usually
and e m p l o y e r
make
Thus, an
was
arbitration.
agreements
a list
f o r use before
an I n d u s t r i a l I n q u i r y
imposed
to
of p r e p a r i n g
specifically
mission. to
tactic
Commission could
offer," intended to stage.
i n a n y way
121 be
acceptable
offer
to the union.
amounted
expected
As c a l c u l a t e d
to a ten percent
b y H.L.R.A.,
the union
cutback
b y H.E.U.,
over
rejected
the
two y e a r s .
the. o f f e r
final
As
and b r o k e o f f
negotiations. In section
early
69 o f t h e L a b o u r
gotiating
at t h i s
the
application
the
union
events
November,
early
The tion t a c t i c
Ed
most
was
n o t meet
Sims,
as
from
this
However, assurance ing
and
o f good
have
the employers' d i d request to f i l e Inquiry
h i s assumed appear
a joint
position
i f H.L.R.A. w e r e of the union
Inquiry
I t also
While
i n front
on t h e b a s i s
H.E.U. mediator
i t s mediation
f o r the appoint-
he c o u l d
of a union
t o be a s i g n
not seek
Commission,
provided
T h e H.L.R.A. n e g o t i a t o r
negotiator that
i t would
of
to withdraw
to r e c e i v e something
that
to
to review the
application
to h i s p r i n c i p a l s
of making
application-for-media-
Commission.
t h e H.E.U.
of ne-
of b a r g a i n i n g .
of the
H.L.R.A.
under
faith,both
cause
Commission).
the progress result
the t a c t i c
agent
then
not r e -
request
of weakness.
i n return,
say the
arbitration
follow-
the j o i n t
applica-
b e made. While, t h i s
tion
Inquiry
may
no i n t e n t i o n
with
the I n d u s t r i a l
tion c o u l d
having
b y H..L.R.A.
informed
would
who
f o r mediation,
one n o t a n t i c i p a t e d
o f an I n d u s t r i a l
treat
While
of mediation,
party
important
i n order
subsequently
applied
a demonstration
stalling
the union
application ment
level
(.e.g. a n I n d u s t r i a l
a means o f f u r t h e r
would
Code.
provided
and any o t h e r
H.L.R.A.
i n any c a s e , was now
had been
H.L.R.A-
the union's
had n o t taken
l o o k i n g f o r a commitment
from
previously stated that
position
the union.
posi-
seriously Though t h e
122
assurance by
would
H.E.U. w o u l d
H.L.R.A. ever,
Industrial
an
elicit
a charge
allow
would
15, 1975.
tling was
prepared
H.L.R.A.'s eight to
position
into
regulations The
offer
and a d v i s e
was
Industrial
bargaining forming lation iness. still
by t h e u n i o n
Democratic
would While
however,
government,
be a d o p t e d
felt
between
began
on D e c e m -
arbitration
by
the employers'
set-
agent
f o r settlement.
However,
r e g u l a t i o n s had not changed: allowable.
party
As a n
H.L.R.A.
to review
and thus
attempt
offered
to
the A.I.B. combinations.
not heard
from
Party
been
victorious
have
been
moved
According with
by t h e
H.L.R.A.
assumed
Inquiry
Victoria,
Credit
that
as a f i r s t
Commission
H.L.R.A.
on
Dec-
to negotiate
t o a member
the Social
by t h e p r o v i n c e
the I n d u s t r i a l
no d e c i s i o n
may
limitations.
committee,
t h e new
H.L.R.A.
Commission.
t h e New
the A.I.B.
Thus,
intentions,
an u n b i a s e d
o f an
demanded.
proposals
faith
how-
as they
the area
hearings
t h e maximum
1 1 , 1 9 7 5 , t h e H.L.R.A.
beyond
only
as t o p o s s i b l e w a g e - b e n e f i t
rejected
Inquiry
Had ember
good
assurance,
to avoid
A.I.B.
i n front
to the union
s t i l l
stage.
regarding
the hearings
was
Commission
realistic
their
review
s t r a t e g y was
f o r 1 9 7 6 was
that
from
n o t be u s e d ,
seriously
Without
reversal
bargaining
would
concessions
mediation
t o make
demonstrate
bring
Inquiry
final
percent
to bargain
and what
H.L.R.A.
at this
o f bad f a i t h
subsequently
conceded
a subsequent
arbitration
t o make
Industrial ber
binding,
Commission.
n o t be w i l l i n g
had been
that
H.L.R.A.
Inquiry
arbitrator
what
legally
Th.e a s s u r a n c e
would
would
n o t be
of the Party's
A.I.B.
legis-
matter
continued
remained
hopeful
of buswith that
123
A.I..B-. w o u l d to
occur,
the
Mr.
limits
tinue take
be
adopted before
Blair's
of
that
ment
this
than
Later
might
convince
Mr.
ended.
I f such
have
fall
to
I f n o t , H.L.R.A. employers
i n the: f i g h t Blair
were
within
would
con-
obligated
against
t o recommend
were
to
inflation,
a
lesser
settle-
demanded.
Strategy On
Report
was
ommended that
positions
the union
would
guidelines.
publicly-funded
"front-running"
hoping
recommendations
the A.I.B.
to argue
the h e a r i n g s
April
5,
1976,
delivered
to
a settlement
allowed
i n the
the
I n d u s t r i a l Inquiry
the M i n i s t e r costing
guidelines
13.96 of
Commission
of L a b o u r . percent,
The
5.96
report, rec-
percent
the yet—to-be-adopted
beyond
A.I.B.
legislat ion. Two budgets 8.5
weeks
would
percent
be
later,
limited
increase
B.C.R.P. to
8.5
percent
to a h o s p i t a l ' s
i n t o a maximum wage
bill
assuming
i n operations.
the
first
with,
change
i n d i c a t i o n of
respect
H. L . R . A . to
no
pay
to A.I.B.
had
been
would
be
Thus later I.
bargaining
Support On
and
April
settlement
as
26,
increase
the
sole
of
over
budget
strategy
1975
budgets.
budget
I t was
hospital
percent,
announcement
the
type
of
hospitals'
evidence
ability
percent. position
to bargain
H.L.R.A.
exceeding
rejected
both
was
intentions
H.L.R.A.
required
was: refuse
An
translated
eight
probable
surface:
to e i g h t
1976
approximately
government's
would
that
operating
The
legislation.
assuming
limited
the
announced
beyond the
the A.I.B.
A.I.B.
guidelines.
recommended guidelines
terms and
of
the
in
12 4
hospital
i n d u s t r y ' s a b i l i t y ' t o pay. The
impending
H.L.R.A. n e g o t i a t o r would of
soon
adopt
intended
was h o p e f u l
impose
of t h a t
that
a settlement
legislation.
to support
garnering
was c o n s i d e r e d
their
as much p u b l i c
and, t h r o u g h
such
anti-inflation
strategy
when 72-hour s t r i k e
notice
Hospital,
c a r r i e d an announcement
pital
the press
was f o r c e d
plan",
t o implement
government
some form
t i m e , however,
as p o s s i b l e .
was g i v e n
The:
on t h e p a r t i e s w i t h i n t h e
Until
empathy
unavoidable.
the S o c i a l C r e d i t
the A.I.B. l e g i s l a t i o n
Intervention,
guidelines
strike
H.L.R.A,
p o s i t i o n by
T h u s , on May 1,
to the Vancouver
General
s t a t i n g that
i t s "contingency
patient
the hos-
safety
including: 1)
c a n c e l l a t i o n of a l l e l e c t i v e
2)
discharge home
of a l l p a t i e n t s
admissions
t r e a t a b l e by
care
3)
t r a n s f e r of a l l c h r o n i c
4)
full
maintenance
care
patients
of a l l c r i t i c a l
care
functions 5)
r e f u s a l o f a l l b u t most
On May 4, H.E.U. s t r u c k If
the union
form
intended
of p r e s s u r e
to s e t t l e
doomed t o f a i l u r e section all
73(7),
from
the s t a r t .
essential staff
positions
Board
ruled
referrals.^
the Vancouver G e n e r a l
then
Following with
only
the s t r i k e
only
some was
the., i n v o c a t i o n of a l i m i t e d s t r i k e , as
had t o be m a i n t a i n e d . that
Hospital.
as a means o f b r i n g i n g
on H.L.R.A.,
t h e u n i o n was l e f t
Labour R e l a t i o n s one
the s t r i k e
urgent
one h u n d r e d
h u n d r e d H.E.U. members were e s s e n t i a l , i t a l s o
While the of t w e n t y ruled
that
12 5
all he
other
staff
plus
a l l o w e d -to c r o s s
the
hospital.
effect front
Thus
iorating;
as w e l l ,
a degree
Minister
of H e a l t h ,
Business
Manager
unfounded. strategy
article
financing.
as could
economic
the s t r i k e
would
do
discovered
that
p l a n n e d not. t o r e a c t i v a t e tactic instead
employees
was
the government
to
separate that
the
were
t h e H.L.R.A.
were more
involved
t o be m a i n t a i n e d than
provide In f a c t ,
following
the s t r i k e .
intervention
of the
Memorial,
unnecessary
and
Thus t h e
t h e work
stoppage,
to eventually
the s t r i k e
additional
relief
some
and S u r r e y
to shorten
time
most
i n any
some
them
Allowing
force
in deficit
were
some
patients
allegations
positions
t o work.
deter-
hoped f o r .
heavily
n o move
of the
a n d H.E.U.'s
staff
t o make
7, t h e
was
reported
suited
difficulties.
on g o v e r n m e n t
back
also
the Vancouver General
certain
care
of hospital operations
little
the
o n May
i n on t h r e e
the doctor's
been
rather
financial
including
gave
have
realities
t o be
hospitals,
also
that
while
emergency
nine
operate
the President
Administrator,
As e s s e n t i a l s e r v i c e s
the h o s p i t a l s '
the
on p a g e
great
patient
harassing
the H o s p i t a l
the i n s t i t u t i o n s
relying
that
had to be c a l l e d
a l l claimed
as w e l l
H..L.R.A.
were
was
quoted
would
to safely
Nonetheless,
The o v e r a l l e f f e c t however,
The
case,
i n order
to the union
as s a y i n g
police
A small
lines
newspaper
pickets
that
and a l l v o l u n t e e r s
was- m i n i m a l .
Association
occasions.
to
the cost
of t h e evening
Medical
such
the p i c k e t
on t h e h o s p i t a l page
B.C.
of
a l lphysicians,
to carry
to adopt
bring on
the A.I.B.
legislation. On May
20, t h e s t r i k e
was
ended.
On May
26, t h e g o v e r n -
126
merit
appointed
mendations Special
Judge
to form
Mediator
the
hounds
collective
to review
i n light
of s u p p o r t i n g The
as S p e c i a l
an i m p o s e d
was
recommendations strategy
McTaggart
Special
of A.I.B.
A.I.B.
some m o d i f i c a t i o n s ,
recommended
By
on J u n e
Order-in-Council,
the
Hospital
Services
H.E.U. H.L.R.A. of
signed to
would In
Signing,
during
have
h a d H.L.R.A.
prohibited
Thus,
H.L.R.A.
from
any agreement
cent
costing
done,
accepted.
thus
creating
agreement.
f o r show
effective
would
have
of J u l y
approval
June
been
on t h e p a r t 14
whether
o f some
and A u g u s t
of the terms
the agreement,
of
value
as i t settlement.
i t would
have
against
i t i n front
of the A.I.B.
i t s stance
of r e f u s i n g
to p a r t i c i p a t e
i n excess
of the l e g i s l a t e d
eight
per-
ceiling. On
June
23, t h e p r o v i n c e
For
the remainder of b a r g a i n i n g ,
its
support
tions in
largely
hearings
signed
arguing
maintained
was
however,
H.L.R.A.
and, w i t h
R e p o r t be
the imposed
t o become
the A.I.B.
indicated
addition,
been
in
a s t h e A c t was
or not.
H.E.U.
This
was
to
Agreement A c t .
signed
to sign.
this
itself
however,
the B l a i r
19 76,
Collective
immediately
refused
H.L.R.A.
9,
well.
d i d not confine
guidelines, that
Commission's
t h e H.L.R.A.
f i t the s i t u a t i o n
by A . I . B .
As t h e
Inquiry
regulations,
Report
h i s recom-
agreement.
th:e I n d u s t r i a l
Mediator's
established
Mediator,
f o r t h e law.
H.L.R.A.
the A.I.B. merely
I n t h e e n d , i t was
which determined t h e e x t e n t
t h e 19 7 6-77 M a s t e r
adopted
Agreement.
legislation.
had t o
the A.I.B.
of the settlement
t o be
indicate regulaincluded
127
Footnotes
-
17,
Chapter
1.
Vancouver
Sun,
October,
2.
Vancouver
Sun
June
3.
Vancouver
Sun
May
1,
19 76,
p.
1
4.
Ibid.
5.
Vancouver
Sun
May
6,
1976,
p.
45
6.
Vancouver
Sun
May
7,
1976,
p.
9
7.
Vancouver
S u n , May
1,
1976,
p.
1
IV
19.75, p p .
25 , 1976 , p .
1
1-2
12 8
CHAPTER V
CONCLUDING
The the
case
manner
discussed
i n which
strategies. applicable
to other
ever,
does
this
presented
parties.
may
influence
one
specific
general to
on
relative
has been
organizational, were
bargaining
however, outcomes
and h a r g a l n i n g
able
process
(.I.e.
th:e s t u d i e s '
In
unable
described
relative
to
Two
as
researching to find
any
analysis. studies
These
to I d e n t i f i a b l e
dependant
A
intent
environmental,
characteristics} values
analyzed.
i n Chapter
a rigorous
have
have
to e m p i r i c a l l y
choice.
such
to attach, numerical
outcomes
would
paper
d i d attempt
articles,
studies
a t some
i n this
was
which
parties i n
systematically
the author
model
the factors
to a r r i v e
identified
The
bargaining
of each
on s t r a t e g y
topic,
by
by b a r g a i n i n g
case
How-
the f a c t o r s
made
to i l l u s t r a t e
of s i m i l a r
made
be made.
study.
how
choices
made
bargaining
cannot
to e x p l a i n
In order
determinants
influence
which
of recent
bargaining
choices
a series
on t h i s
studies
quantifying
studies
attempted
illustrates
generalizations
of the case
the strategy
and t h e r e s u l t s
attempt
literature
previous
attempted
set of negotiations.
the conceptual
their
number
study
case,
relationships
the value
the strategy
be u n d e r t a k e n
measure
the
determine
conclusions,
No
to
Two
chapter
can determine
but a s i n g l e
not negate
The case
did
was
factors
bargaining
i n Chapter
identified
i n the previous
various
As t h i s
DISCUSSION
variables);
129
even
so,
they
relied
an
their on
i n d i v i d u a l
ent
results static basis
variables),
egies
as
the
require
such
a
as
future
research
to
have
fully
to
instance
in
render with
concern
The
the
Chapter
Chapter
in
such
comments to
i s
the
Chapter
anticipate
of
the
attempt
to
relate
conceptual
the
Two,
i t
bargaining
previous
is
experiences would
tributive
strategies
again.
H.E.U.
past
o v e r s i m p l i f i Much
analyses
the
of
therefore,
bargaining
in
order
process.
substantive
arguments the
to
of
section
Chapter
t i t l e s
used
and
H.L.R.A.
H.E.U.-B.C.H.A.
Relationships
stated
process
bargaining
of
per
strat-
appear
determination,
nature
as
for
valueless.
case
independ-
personal
would
imprecise
descriptive
subdivided
tributive
both
and
and
on
Two.
In
their
as
outcomes
outcomes
measurement
Interorganizational
on
of
studies
strategy
with
dynamic
Four
discussion
to
of
p o l i t i c a l
substitution
empirical
i t s e l f
scoring
assess
s u b j e c t i v i t y
respect
following
of
a
s a t i s f a c t o r y
i n t e r c o r r e l a t i o n s among
to
variables of
totally
subjective
unable
any
appreciate The
Two.
degree
than
ignoring
attempt
dependent
cation
w i l l
to
were
To
less
models,
(.thus
and
considerations.
were
that
to
with
be
This
Both-
other.
the
recognized and
based A
parties
appears
encounters
bargaining
followed
each
influence
both
to the
have
been
for
of
choose
conflict
prepared
largely
history to
parties
disdis-
true
for
orientation
bargaining
accordingly. That be
the
distributive
bargaining was
process
established
was
early
expected in
and
bargaining
intended by
both
to
130 parties. leaders the
Prior had
to
commencement
described
the
hospital industry
strategies critical
to
of
the
the
just
filled
reputation send
and
as
liminary Class
I
early
Thus, both
the
more
to
In
of
to
attempted
to
choose
for
so
long
as
of
this
tactic
trol
of
one
strategy
tactic
the
bargaining
may
be
total may
cost
be
imposition and
seen
of
by
i t is
the
was
combination
did as
not
exceed
follow
a
even In
a more
to
a
H.L.R.A.'s wages
eight
issue.
appear
Perhaps
of
to i n t e r p r e t
specific
would
a
integra-
the
to
offer and
Class
to
H.E.U.
benefits,
percent.
persuade
The
be
only
to
eight
percent
limit
was
might
reasonably
union
dis-
within
attempt
the
tension
each
an
therefore
pre-
Stevens'
raise
difficult
another
case
the
accordingly.
handled
respect
session,
with
would
his
refusal
of
and
had
by
during
experiences
determination.. .
any
union
examples
certain issues,
with
the
(made
In
President
the
antagonism
strategies
party
during
themselves
H.L.R.A.
that
process,
rich."
pre-negotiating
action
previous
model,
party
of
II
the
a
the
clearly
p r a c t i c e , however,
impression
germane
that
the
to
are
prepared
to
openly
a d d i t i o n , H.L.R.A. 's
display
their
i t "too
known
in
tough"
were
i t s p o s i t i o n of
strike
to
assumed
distributive
perceptions
overall
on
and
According
In
"get
trustees
calling
negotiator
session),
based
parties
manner.
th:at
of
intended
process
primarily
Hospital
R.E.U.
relations climate
recommended
committee
threat
negotiations,
labour
and
"hardliner."
tactics,
tributive
tive
with: a
negotiating
levels. other,
a
—
of
agreement,
announced
i t s bargaining
H.E.U.'s
poor
previous
H.L.R.A.
been
as
existing
membership.
addition,
to
the
the
beyond
The
use
union the
con-
reduce
131
its
avoidance
point.
o f what
to impress
faith, bargaining limitations, gaining
upon
desire
i s every failed
percent"
were
indeed
i t s purpose,
tactic
As
effectively
noted
altered
that
budgets,
the A.I.B. point.
eight
resistance non-binding able
t o move
was
the union
such
a
achieve
union
not u n t i l
than
bar-
A.I.B.
true
later
Cor
the
function. was
form-
H.L.R.A.'s
of the h o s p i t a l
a n d p a r i t y was have
be
I
reinforced
become
been
the
found
still
a compromise -p o s i t i o n , could
this
process,
strategy
H.L.R.A. may
Commission
re-estab-
If
utility
release
guidelines
the
l a b e l l e d a Class
perception
point
that
to
point.
did actually
the target
toward
entered
i t s "targeted"
support
early
imposed
have
t o be been
particularly
convinced
t o make
recommendation. The
argued
their
t o assume
more
t o be
o f H.L.R.A.'s
employees,
the I n d u s t r i a l Inquiry
t h e good
cooperative
in a distributive
t o B.C.H.P.'s
Should
on h o s p i t a l
have
guidelines
Prior
percent
point.
a more
resistance
the union's
i t was
been i n -
and, w i t h i n
anything
i t would
expected
i n the case,
resistance
to
be
have
union.
as H.L.R.A.'s
existing misconception)
ulated
if
the
to accomplish
"eight
As w o u l d
o f H.L.R.A.,
resistance
Commission
i n d i c a t i o n i n the case
lish
tactic.
primarily
to e s t a b l i s h
r e l a t i o n s h i p with
tactic
may
the I n d u s t r i a l Inquiry
intentions
their
There
the
t o be H.L.R.A.'s
A l t e r n a t i v e l y , the t a c t i c
tended
above
i t perceived
only
i t s demands for parity
bargaining,
negotiations
with
demands
leadership
position.
Having
in direct
negotiation,
(.i.e.' i t s r e s i s t a n c e
a settlement
range
Cor,
H..E..U.
point).
i n this
designed no
to
opportunity
thereafter Thus,
case,
a
during settle-
13 2 ment
point)
did exist.
ment
gap e x i s t e d .
negotiations
effect
of
of inter-union
minimally made in
extra
this
have
Canadian
their no
that
own
under
pointed
Labour
from
The one p a r t y
also
union
from
unaffected
Power
defines
t o impose
will
that tend
when
only
the other Both
unions
to help
member
commented
the h o s p i t a l s
a s H.E.U. was
lines;
t h e H.L.R.A. n e -
the l a t t e r
could
or even
possibility
n o t a member o f
h a d no s t r i k e Thus,
industry
i t s picket
t o s e r i o u s l y weaken
with
fund
backup
once
H.E.U.'s r e c e i v i n g
H.L.R.A.'s b a r g a i n i n g
position
could
by t h e s t r i k e .
of the Bargaining
bargaining
i t s own
power
objectives
abilities
two p o w e r f u l
t o be more
majority
i n the h o s p i t a l
committee
depleted.
unions,
began, the
the vast
or respect
considered
they
action
on t h e s t r a t e g y o f
conditions,
strike
out that
to the s i m i l a r
states
process
model
those
they
were
other
to remain
relative
supplied
Congress,
Relative
of
other
the s t r i k e
enough
While
resources
support
afford
were
a long
they
settle-
p a y , t h e h o s p i t a l s were
o f t h e H.E.U. w a l k o u t .
the union.
unlikely, the
staff
writer
a
a breakdown i n
to support
a n d a n H.L.R.A. b a r g a i n i n g
survived
break
No
be s e e n
forced
on s t r i k e
to support
the effect
gotiator
only
and s t r i k e
could
H.E.U. was
inconvenienced.
fact,
i n the model,
occurred,
rivalry
members
any a t t e m p t
reduce
to
While
its striking
bargaining
expected.
the breakdown
management.
later
As p r e d i c t e d
was
Once
During
of that parties
distributive
Parties
i n terms
of the a b i l i t y
on t h e o t h e r other
party.
party, The model
are bargaining, i n nature.
the
133
Those u n i o n
and management r e p r e s e n t a t i v e s
this, w r i t e r had d i f f i c u l t y ing
power i n t o p r a c t i c a l
to
have
of
possible
and
over the
terms.
and t h e r e f o r e
However, even
a higher
basic
power
this
as l o n g
was t r u e
favour
of binding
The
above
arbitration,
power o v e r capable and
Indeed, tage
that
implies
that
of the smaller
union.
to support
agent
the
work
ies
i n maintaining
not
intervened,
ify
i t s strategy
t o H.E.U.,
to leave
was
Two,
negotiations
sanctions
after strike
strike.
have
Thus,
position, shifting
i snot
on t h e h o s p i t a l s
of a lengthy
could
bargaining
union
strike. power
advan-
action
began.
the hospitals could
the union
a lengthy
the a v a i l a b i l i t y
substantial
survive
serious
difficult-
i f t h e government had
H.E.U. may h a v e b e e n p r e s s u r e d
model
agent
i n Chapter
the bargaining
only
r e a l i z e d that
stoppage whereas
H.L.R.A. 's t a r g e t
power
t o I.U.O.E.'s B u s i -
The s m a l l e r
the cost
o f H.L.R.A. b e c a m e a p p a r e n t employers'
union i n
bargaining
without
have
e f f e c t i v e economic
respect
The
power
arbitration.
indeed
even w i t h
The
existed
H.E.U.
power po-
the employers'
i s stated
H.L.R.A. w o u l d
not able
range
any b a r g a i n i n g
According
what
other
indicated that
t o have
though
as t h e o p t i o n
statement
of imposing
likely
itself
position. with
exert
a
basic
by
bargainany
or a l t e r
I.U.O.E., t h e s m a l l e s t
o f H.L.R.A., e v e n
and i n l i n e
to
could
hospital industry, perceived to that
influence
t o be i n e q u i v a l e n t
neither
of
perceived
The p r e v a i l i n g o p i n i o n
ness Manager,
of
No o n e p a r t y
to unilaterally
outcomes.
the other.
equal
in
i n t r a n s l a t i n g the concept
H.L.R.A. w e r e p e r c e i v e d
sitions
in
the a b i l i t y
interviewed
to eventually
i t s resistance
point
mod-
closer
point.
also
suggests
that
two p a r t i e s h a v i n g
essen-
134
tially
equal
b a s i c power
integrati.ve.iy establish
a power
Four,
there
ation
toward
gaining alter
i f they
as
was
are
indication
integrative
process. (.the
the
and
parties than
In
single
strategy lighted
joint would
help
suggested greatest
the
rates
certain
or the
the
I.U.O.E. were prospect
gaining
of
and,
It
to
was
achieve was
due
parity
adopted.
Industrial
was-
case
model
thus,
the for The
Inquiry
to
fan
had
made
only
in
any
Chapter
viewed
no
was
bar-
attempt
of
to
integra-
imposed
fires
re-
inclin-
potentially
the
to
on
conflict
both
the union
political
of
by
Commission
to
by
While
either
wage
a.S.A. largely
determined
the
the
negotiate they
both
the
leadership
because
Most
i t was
of
determined
that
unions.
bar-
B.L.R.A.
resistance point
membership
bargaining
B.C.G.E.U.
B..C.G.E.U. t h a t
chose
other
determinants,
union
of
considerations, high-
covered
B..E.U. a n d
of
theorists,
determination
settlement
in itself,
belief
the
achieved
positions
with
Climate
political
important
the
by the
settlements
parity of
examined
parties
and
more
attempting
party
Both
Political
the
specific
became
management
and
i n f l u e n c e on
also
with
either
the
bargain
them.
"generous"
strategies Parity
prove
i n the
recent
was
even
to
e v a l u a t i o n program)
later
case
important for
the
bargaining.
job
douse
in this by
In
that
fact,
Economic
the
preoccupied
differential.
no
tive outcome
As
not
tend
inherently conflict-oriented
that
rather
positions, w i l l
union
settlement
that
they
comparison in
front
felt
and
It
range.
must strategy
of
the
offered
the
135
best
chance
focal
of improving
point.
"comparative appeared
In t h e i r
to take
little
e f f e c t s " which
Even
following
would
percent. the
ten
have
While
hospitals'
since
1972
gave
have
resulted
from
o f wages
of any p o s s i b l e from
cutbacks
budgets
their
that
the union
allocations,
that
staffing
i n excess
as had been
could
necessary
sufficiently
demands.
of
B.C.H.P. w o u l d
deficits"
made
"employ-
1976 b u d g e t
to the fact
assumed
rule),
emphasized
and b e n e f i t s " and
any agreement
operating
N.D.P.
remained the
leadership
resulted
perhaps
"year-end
to increase
levels
no r e c o g n i t i o n
t h e 1971 s t a f f i n g
fused
union
of the h o s p i t a l s '
H.E.U.
(under
but p a r i t y
o r no a c c o u n t
could
release
leadership
cutbacks
arguments,
and c o m p e t i t i v e
ment
union
on p a r i t y ,
n o t have
when
to cover
eight
honour
custom forgot^
B.C.H.P. r e -
contractual
ob-
ligations . Parity ment
strategy.
avoid
also
I t was
i t was
by a t t e m p t i n g
with, a n t i - u n i o n During
interviews
with
have
included
government
have
H..L.R.A. n e g o t i a t o r s or i n part
felt
been saw
was
parity
would
and anti-wage
be
that
a chance
adopted their
awarded. under-
legislation.
negotiator
stated
the l e g i s l a t i o n with
the A.I.B.
by t h e p r o v i n c e .
an
might not
N.D.P.
guidelines
Thus, the
j o b as one o f a v o i d i n g
as p o s s i b l e .
be
Commission
federal
moreover, that
chose t o
possibly
t h e H.L.R.A.
aware
o f manage-
H.L.R.A.
might
employees;
was
f o r as l o n g
that
parity
writer,
committee
there
determinant
an I n d u s t r i a l I n q u i r y
sentiment this
Important
of p a r i t y
that
publicly-funded
i n power,
n o t even
i t was
decided
public
the bargaining
total
because
to pressure
that
might
t h e most
a r b i t r a t i o n where
Consequently, cut
was
parity i n
136
For
the union,
parity with
enough.
Union
leadership
the
rates
received
wage
covered felt
b y H.E.U.
i t must
achieved
strike
gain.
other
success union
of t h i s
been
also
i n the model,
unions had
be i n f e r r e d create)
decision
negotiator
never
solely
was
that
an image
may
the d e c i s i o n
for
leadership.
the s t r i k e
by
the
In
time i n
was
as a " t o u g h
represented
of
not only
his first
be m e a s u r e d
again
fully
on t h e b a s i s
f o r union
as t h i s
influenced
leadership
a show o f f o r c e
importantly,
Cor
to have
of the s t r i k e ,
made
negotiator,
to maintain
seem
W i t h H.E.U.
I t was
most
p o s i t i o n , i t could
this
match,
for positions
as p r e d i c t e d
also
realities
to have
at the union
order
The
appears
political
factors
by u n i o n .
but, perhaps
looking
in
"at least"
unions
f o r I t s members what
of the economic
possible
that
I t must
leadership,
political
decision
go a h e a d
union,
B . C . G . E . U . was. n o t q u i t e
for theirs.
cognizant to
felt
b y t h e oth.er
Union
achieve
Internal the
also
only
necessary
negotiator."
the fact
H.E.U.
that
in collective
bargaining. Intraorganizational approach
to bargaining.
feelings
of c e r t a i n v o c a l
master had
agreement
been
also
aware
o f t h e image
image
personified
a
with
man
according
Their
had been
the negotiator
politics
also
negotiator
hospital
too.
was w e l l
trustees
the result
then,
a f f e c t e d H.L.R.A.'s
who
of "soft
the reputation t o t h e H.L.R.A.
felt
of the
the
previous
bargaining":
he
T h e H..L.R.A. n e g o t i a t o r
h i s p r i n c i p a l s wished
i n the person
aware
of t h e i r
of " h a r d l i n e r " negotiator,
was
newly
to portray, chosen
and " u n i o n quoted
as
was
an
President:
b ' u s t e r , " . wh.o, saying,
137
"Any
negotiation
Thus: t h e r e as a
was
possible low
iated
point
i t s effect
for
Canada's
Is
on
the
during
during
a
sign
management
negotiator
early
later
political
of
environment
in
the
of
increased
party
levels
a
(the
of
offer and
could
determination.
labor
weakness." as
little
maintain
bargaining.
strategy form
to
bargaining,,
on
support
with
union
union
provincial
"Political vote
the
resistance
have
the
much, p r e s s u r e
to
The to
with
greater New
both
As level
and
be
seen
Anderson of
Democratic
wages
also
writes,
citizen
Party}
nonwage
is
assoc-
bargaining
2 outcomes." elected
It
in
is
December,
within
their
labour
political
possible
1975,
climate,
obviously
expected
reduced
to
recent
and
of
enough their
personality
known
from
influence
resentatives as
being
this be
case,
that
volved a
low
of
of in
the
both
major
not
have
However,
Social
Credit
i t s p o s i t i o n was wage
and
stayed within
so
rigidly anti-
victory,
and
outcomes
re-
an
election secure
non-wage
the
to
of
the
study
that and
most
most
likely
(relative
negotiators
to
be
management
to
most
cooperation
able
a
by
the
never as
well on
model.
Rep-
personality
situations.
personality
person
not
comment
identified
reputation both
are
to
bargaining
prevalent
His
Perception
suggested
President,
negotiations. for
Personality
traits
union
H.L.R.A.
propensity
and
importance
however,
th.e
a
present
relative
of
the
may
N.D.P. w e r e
settlements).
Personalities The
i f the
strategy.
believed
levels
that
E.L.R.A.
anti-inflation
H.L.R.A.
other
thus
a
reinforced
appears directly
In to in-
"hardliner" with the
union's
138 expectation
for
a
staff
the
manner
as
to
c o n f l i c t - o r i e n t e d process i n which: b a r g a i n i n g
I n s t j t u t i o n a1 The
model
ganization of
this
will
H.L.R.A.
in As
union
is
the
the is
the
in
the
union
As
case
is
to
a
while
use
maintained
ship
could
strike
would
comes.
Under
to
"loss
of
may
generally in
front
th.ose
sign
of
In
of
the
The
or-
influence
H.E.U.
and
of
little
to
a
to
or
have no
to
more
for
also
in
bargaining may
have
bargaining effort
acceptable do
to
in
stratsupport
after
a work
on
such
explained
a
with,
to
leaderthat
probable
more
be
created
membership
where
exist,
partially
having
effect
bargaining
might
stoppage,
the
there
results
otherwise
appears
informed
easily
as
much
To
This
can
addition,
p r o v i n c i a l conference,
positive
relations
the
change
strike:
support
in
leadership
produce
weakness.
employer
been
a
gone
of
formation
multi-employer
strategies.
decision
single
have
strategy
membership
subsequently
have
strategies
effect
of
leadership-membership strategy
one
membership
not
the
function.
leadership
union's
of
relationships.
model,
on
explain
the
a
in
the
has
as
proceed.
i n t e r n a l workings
resulting difficulty
interpreted
and
in
strategies
making
should
H..L.R.A.
study.
explain
much, p r e s s u r e
the
i t s external
model,
leadership
initial
that
leadership
the
directed
Character i s tics
apparent
largely
attempting egy.
was
suggested
suggested on
states
affect
factor
and
the
out-
personal
reversal less
In
resulting
face." Factionalism,
as
described
in
the
model,
though
a
problem
139
to
H.L.R.A.
aid
to the union
attempt al
position.
There
was
i t could was
the union
Furthermore, place egy
their
full
i n whom
h a d t o be
to the Board
l e d to further
of
union
of
life.
the
organization Thus,
United
achieving security case
appear "to
much
settlement
are not seen
as p r i m e
t o be
i n Chapter having
false)
p u t management Thus,
decided
down
through
industry,
force
the less-organized
on w h i c h
o f management
tactic. to strat-
the
to the negotiators.
hospital
of the labour
a contract
as a l r e a d y
a necessary
disThis,
Objectives
Columbia
unlike
States
studied
itself that
the B r i t i s h
bargaining
stalling.
Party In
i n the
not yet a v a i l a b l e ,
filtered
and t h e n
bar-
phenomenon."
the employers
was
union
H.L.R.A.'s
to start
became
n o t an
institution-
not described
prepared
and s u p p o r t
approvals
affected
stalling
of a
The
l a b e l l e d as " s t a r t - u p
notice,
trust
apparently
strategy.
While
not s u f f i c i e n t l y served
councils
turn,
be
as t h e P r e s i d e n t
decision
trict
perhaps
was
Indication
obviously
i t sdisorganization.
H'.. L.R.A.
when
i s no
and c o n q u e r "
c h a r a c t e r i s t i c w h i c h most
model,
in
t h e 19 76-7-7 b a r g a i n i n g ,
to use a " d i v i d e
gaining
As
during
Four,
a basic
(although
hospital
or n e g o t i a t i n g
the union
the s t r i k e
a n d d i d n o t show
in
i s based, of
of the union.
appeared
fact
industry
issues
power p o s i t i o n
under
existence
i s an a c c e p t e d
of the l i t e r a t u r e
objectives
the
to
union In the
perceive
equivalent
option
this
to would
any i n d i c a t i o n o f w a n t i n g
i n i t s place."
f o r the union,
the party's
objective
was
rather
140
straightforward:
achieve
the
position, achieving
union's
parity as
power
with
its rival
a reduction
the
union's
dictated
operating
costs,
agent,
tributive
Thus,
a goal
been
and a s i g n studied,
of f e d e r a l
beyond
strategies
interpreted
and
settlement
parity
to bargain
could
than
of weakness i n i t s
was o n e
and thus
reducing
i t s new
bargain-
"tougher"
than i t s
to introduce
able
at l e s s
legislation.
avoiding was
increase
the union
as the r e s u l t a n t
as b e i n g
"breaking
the union"
o f H.L.R.A.,
underway,
"weakening
Management
the
likely
to
be e x p e c t e d
to follow
a
dis-
process.
While
hurt
face"
the objective
H..L.R.A.,
have
In the case
management,
predecessor.
as
"save
not looking
any s e t t l e m e n t
f o r the union
by the c o n s t r a i n t s For
ing
i n power
could
While
unions would
leadership.
leadership
parity.
could
strike
would
may
the union No
be
appear
the union"
show
the employees.
i t would
effort
could
that
have
that
n o t s e r i o u s l y be once
been
a work
on t h e p a r t
a
accepted
the s t r i k e
was
consideration.
stoppage
would
o f management
only
t o end
necessary.
Leg i s 1 a t i o n While been the
only
With the
determinant
no A . I . B . ,
writer,
determinant
t h e most
o f outcome
a s may
approximating
this
important
settlements,
1976 g o v e r n m e n t ,
ment to
recent
t h e most
have
Important,
was
been
parity.
"A.I.B.
have
kept
likely
H.E.U.
have
legislation.
h a d t h e N.D.P.
A s t h e H.L.R.A.
merely
may
o r more p r e c i s e l y ,
the A.I.B.
the case
H.L.R.A. w o u l d
of strategy
signed
negotiator from
an
formed agree-
stated
achieving
parity
141
until in
1980.
Without
A.I.B.
determinants
of
from
the
wage
controls, to
labour
the
A.I.B.
long
can
as
union's 1976.
be
since
work,
hurt
to
strike
other
unions
most
likely
had
parity
picket
mined,
union
was as
one
of
to
felt
been
into
a
openly that
poorly show
of
strength,
forces.
continues
to
small
minority
of
merely
effort,
but
also
organizations the
until may
in
their
imposed
the
poor
had
On
the
were
the
If
the to
also
been
into
of
other required which
relationships
agreed
had
pressured
limit
limitations
industry.
i f they
that
i t s action
H..E.U. m e m b e r s
essentiality
been
repeat
threatened.
E.E.U.'s
strike,
have
never
the
other
viewed
services legislation
seriously
reject
any
noted
H.E.U. w o u l d
the
pressure
spokesman
never
supported
have
the
as
With: t h e
union
have
of
a
not
management
each
forced
one
seen
strike.
would
i t was
lines
to
be
union
was a
labour
had
position
strike,
such
also
for
retrospectively,
perhaps
the
movement
The
essential
right
can
choice
identified
Management
hand,
the
have
H.E.U. n e g o t i a t o r may
H.L.R.A.'s
Speaking
the
union's
the. m e m b e r s h i p .
and
to
legislation
the
general
response
as
would
19 7 6." The
by
i t , they
with
other respect deter-
reassessing i t s
s t an ce . Also,
under
wonder
about
of
province.
the
union
leadership
coverage the
the
of
the
availability
essential
wisdom.of While to
of
striking
such
control,
events, so
the many
services legislation,
a
only
strike
and
may
strike other
in
may have
was
two
have
urban been
provided
nonetheless
h.ospltal
beds
one
has
centres
easier wider
for
press
weakened
into
to
which
by
142 patients cities one
could
be t r a n s f e r r e d .
as P r i n c e
George
h o s p i t a l to serve
employer ignated public and
support.
Victoria
have
or Prince
would
Almost
most
more
likely
any s t r i k e
where
there
itself,
public
a major
received
location outside Credit
sentiment
i n such
i sbut
particularly
have
of S o c i a l
favourable
had s t r u c k
and i s , " i n
h o s p i t a l employees,
(the strongholds
garnered
Rupert,
the p u b l i c ,
i n the area, "essential,"
I f the union
when
much
greater
of Vancouver
support) than
des-
would
H.E.U. d i d
receive. The were the at
seen
to influence
model,
H.L.R.A.
the f i r s t
tiations is
two l e v e l s
until
possible
able,
that
might
The Agreement
discussed events Further assess in
case
studies
i t could
one whose
well
study
proceed
somewhat
Closing
Comments
o f t h e 1976-77 many
will
may
their have
avoided
Inquiry
level
strategy.
value
importance
as d e t e r m i n a n t s
of
were
made
It avail-
public,
expeditiously.
identified While
influenced
i n order
of t h e v a r i o u s strategy.
nego-
Commission.
were
nonetheless
t o b e made
serious
H.E.U./H.L.R.A.
of the p o i n t s
n o t have
concessions
of mediation
more
Code
As p r e d i c t e d i n t o make
recommendations
of b a r g a i n i n g
case,
and thus
a single
by t h e Labour
not afford
the I n d u s t r i a l
i f only
the r e l a t i v e
the model
strategy.
of mediation
i n the model
i n this
management's
felt
illustrated
determinants
allowed
reaching
particularly
bargaining
as
level
of mediation
other
Master
i n the model factors
the course
cannot
be
of
discounted,
to accurately features
identified
143 It
has a l r e a d y
been
stated
that
the f i n a l
outcome o f
0
bargaining
i n this
Had
A.I.B.
n o t been
the
hospital
been
most
Commission's
has
point
toward
solely
legislation.
n o t t o be b i n d i n g would
then
on
have
i s now
left
where,
the union; provide
of the I n d u s t r i a l
of the union, point
as eight
sought
i t s target
over
percent.
b y H.E.U".
abandonned
of a c h i e v i n g
settlement
(even
though
point
months)
parity
There
a
The u n i o n ,
twelve
Inquiry
H.L.R.A. h a s
consider
point).
presents
months), with
on t h e
(i.e.
"lead-
and has
( i . e . H.E.U.'s
H.L.R.A.
a difficult
appeared
rejects
negotiator
settlement
would
they
would
instead
however,
would
not only but l e s s
While
the recommendations. either
the former
acceptable
t o be v e r y
a "non-negotiated"
the case),
( i . e . " p a r i t y ; " 13.96
decision:
on s t r i k e .
an e c o n o m i c a l l y
The u n i o n
h i s report
( 1 ) go t o
i n a l l p r o b a b i l i t y , t h e 13.96 w i l l
o r , (.2) go
leadership
arbitrated
stages
of t h e non-impo-
resistance
increase
Mr. B l a i r
H.E.U.
impression
aware
point).
twelve
arbitration
become
H.L.R.A. w o u l d level
on t h e b a s i s
over
in
strategies
i t s resistance
percent
percent
and
party's
In t h e eyes
has v i r t u a l l y
When
ship.
found
the l a t t e r
to the p a r i t y
twenty
resistance
union
by t h e A . I . B .
or been
parties
no i n d i c a t i o n t h a t
hand,
argued
likely
both
i s H.L.R.A.'s t r u e
ership;"
to
which
hearings.
closer
parity other
that
established
been
dictated
successful?
of A.I.B.
clearly
was
invoked,
industry,
Assume sition
case
much
contract
stated
result,
from
opt f o r j o b a c t i o n .
politically
sound
would
the case
about the
o n t h e member-
the beginning
be u n a c c e p t a b l e
be e c o n o m i c a l l y
have
awarded
choice
during
concerned
would
be
that
an
to the membership, The l a t t e r
unsound since
( a s was "protest
choice, the
strike
against
144
federal cation
legislation" for
the
work
Union third
While
it
have
this been
sold
Evaluation
Program) to
In say of
that
it
the
is
the
been
achieved
economic exists
the
benefits in
i f there which
of
particularly
or
decreased
ticity
of
hospital
two
parties
for
run,
less
a
than
choice
to
make,
basis
of
receiving
the
start
could
have
of
Job
been
of
to
in for
for
some be
in
;have
to
the
public
to
in
action
at
greater
and
management.
public
sector
services)
is
which
the
local
not
where
by
has
there
an
union dam-
latter
loss
the
the
economic
This
where
(recognizing
match
( i . e . A.I.B.;
avoided
political
by
that
Furthermore,
be
part
least
within
management
should
arising
most
( f o r management), elsewhere
those
applicability,
determined
favouring
service
than
observation
general
province).
to
would
successful
pressures
exceed
than
one
of
point
profits
relative
inelas-
influential
factor
behaviour.
There the
vindi-
accepting
earlier
single
settlements
result
demand
management
as,
more
any
appear
strike
true
demand
on
outcome,
were
have
not
organization
is
into
difficult
long
may
legislation
likely
that
a
(such
the
is
( i . e . the
services)
i t will to
to
recent
community
special
partial
agreement
membership
strategies
or
in
as
forced
an
been
regardless
study
union),
essential
on
been
intraorganizational political the
age
to
strategies
(for
as
end,
However,
this:
used
union.
1
case
have
have
which,
H.L.R.A. s
H.E.U.
from
the
the
been
negotiate
would
non-monetary
value
may
i s , (3)
additional
great
have
stoppage.
that
parity.
not
leadership
option;
could
could
is
a
degree
industry at
the
of
table
of
multilaterality
British have
any
Columbia control
in
to
bargaining
that
neither
over
the
in
of
industry's
the
145 ability by
to pay.
H.L.R.A.,
ently and
they
submits
then
budget
are financed
until
process.
not receive
obligations been
hospitals' there
was
after
the funds
This
as h i g h
a shutdown
and a d e c r e a s e
problem
has n o t s u r f a c e d
remains
a possibility
has
incomplete
a level
that
B.C.H.P.
a s may
have
undercut
a l l
a rollback i n
provided. scale
contractual
subsequently,
operations,
funds
the h o s p i t a l s
fulfill
as t h e b a r g a i n i n g
as t o what
collective
of s e r v i c e
a large
receiving
i s not usually
30 p e r c e n t ;
of s e r v i c e s on s u c h
before
of t h e
to both
independ-
a t B.C.H.P.
therefore,
by a f u l l
as l o n g
knowledge
months
therefore,
on a l l p l a n n i n g
hospital
board"
i n 1971 when
budgets
f o r the hospitals
Each
consummation
required
happened
proposed
personnel,
budget,
It i s possible,
and p r o v i d e
planned.
to a "rate
s i x to eight
A hospital's sometime
are negotiated
b y B.C.H.P.
budget
approximately
approval.
bargaining
settlements
a proposed
waits
approved
might
While
Although the since
1971,
i t
arm o f t h e i n d u s t r y
the f i s c a l
arm w i l l
make
available. The
Hospital
Employees'
Union
has addressed
the problems
3 identified be
i n t h e two p r e v i o u s
to abolish
the h o s p i t a l s '
integrate
the s e r v i c e
the
would
union
management. posal ship
H.E.U.
strategy
bargaining
with
feels
i t would
I t may
do b e t t e r
differences
Columbia's
hospital
for hospital
has m a i n t a i n e d
since
way,
f o r the solution
the e a r l y
by b a r g a i n i n g
be i n t e r e s t i n g f o r f u t u r e
(and outcome)
as i n B r i t i s h
industry
would
In t h i s
decision-maker
reason
that'B.C.G.E.U.
solution
and, subsequently,
of Health.
the true
relevant
Their
agency
the M i n i s t r y
i n the h o s p i t a l
government.
(e.g.
a more
i s the observation
Perhaps
the
be d e a l i n g
Perhaps
position
with
into
paragraphs.
a
pro-
leader-
1970's. directly
research
of p r i v a t e
sector
industry)
versus
to study
bargaining public
146
sector
bargaining,
industries.
specifically
for
unions
in
publicly-funded
1-4 7
Footnotes
-
Chapter
V
1.
J o h n C. A n d e r s o n , " B a r g a i n i n g O u t c o m e s : An I R S y s t e m A p p r o a c h , " I n d u s t r i a l R e l a t i o n s , 18, No. 2 ( S p r i n g 1979).; P a u l F. G e r h a r t , " D e t e r m i n a n t s o f B a r g a i n i n g O u t c o m e s i n L o c a l Government L a b o r N e g o t i a t i o n s , " I n d u s t r i a l and L a b o r R e l a t i o n s R e v i e w , 2 9 , No. 3 ( A p r i l 1 9 7 6 ) ; T h o m a s A. Kochan a n d H o y t N. W h e e l e r , " M u n i c i p a l C o l l e c t i v e B a r g a i n i n g : A M o d e l and A n a l y s i s o f B a r g a i n i n g O u t c o m e s , " I n d u s t r i a l and L a b o r R e l a t i o n s R e v i e w , 2 9 , No. 1 ( O c t o b e r 1975).
2.
Anderson,
3.
H o s p i t a l E m p l o y e e s ' U n i o n , L o c a l 180, R e c o m m e n d a t i o n s f o r Change i n H e a l t h C a r e D e l i v e r y and H o s p i t a l O p e r a t i o n , February, 1 9 7 3 , p . 52.
op.
c i t . , p.
133.
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