British Columbia Hansard — Wednesday, April 24, 1974 — Afternoon Sitting (30th Parliament, 4th Session)
30p 04s 740424p
British Columbia — Debates (Hansard)
1974 Legislative Session: 4th Session, 30th Parliament
HANSARD
The following electronic version is for informational purposes
only.
The printed version remains the official version.
Official Report of
DEBATES OF THE LEGISLATIVE ASSEMBLY
(Hansard)
WEDNESDAY, APRIL 24, 1974
Afternoon Sitting
[ Page 2461 ]
CONTENTS
Afternoon sitting
Routine proceedings
Energy Amendment Act, 1974 (Bill 18). Hon. Mr.
Macdonald.
Introduction and first reading — 2461
Islands Trust Act (Bill 112). Hon. Mr. Lorimer.
Introduction and first reading — 2461
Oral questions
Dunhill Development personnel. Mr. Bennett — 2461
Water pollution in Similkameen Valley. Mr. McGeer — 2461
Meeting with Block Bros. and possible amendments to Bill 75. Mr. Wallace —
Possible cost of production guarantees for apple
growers. Mr. Curtis — 2463
Credit arrangements with milk producers. Mr. McClelland — 2464
Identification of persons conducting courts survey. Mr. Gardom — 2464
Committee of Supply: Department of Labour estimates
On vote 130.
Mr. Chabot — 2464
Hon. Mr. King — 2465
Mr. Chabot — 2467
Mr. Wallace — 2467
Hon. Mr. King — 2467
Mr. Wallace — 2467
Hon. Mr. King — 2469
Mr. D.A. Anderson — 2469
Hon. Mr. King — 2470
Mr. D.A. Anderson — 2470
Mr. Chabot — 2470
Hon. Mr. King — 2471
Mr. Wallace — 2471
Hon. Mr. King — 2471
Mr. Gardom — 2471
Hon. Mr. King — 2471
Mr. Gardom — 2472
Hon. Mr. King — 2472
Mr. D.A. Anderson — 2472
On vote 132.
Mr. D.A. Anderson — 2472
Hon. Mr. King — 2473
Mr. D.A. Anderson — 2473
Hon. Mr. King — 2474
Mr. Wallace — 2474
Hon. Mr. King — 2474
Mr. Wallace — 2475
Hon. Mr. King — 2475
Mr. Gardom — 2475
Hon. Mr. King — 2475
On vote 133.
Mr. Gardom — 2476
Hon. Mr. King — 2478
Mr. Gardom — 2479
Hon. Mr. King — 2479
Mr. Gardom — 2479
Hon. Mr. King — 2479
Mr. Gardom — 2480
Mr. Wallace — 2480
Hon. Mr. King — 2481
Mr. Phillips — 2481
On vote 134.
Mr. Chabot — 2482
Hon. Mr. King — 2482
Mr.Chabot — 2483
Hon. Mr. King — 2483
Mr. McClelland — 2483
Hon. Mr. King — 2484
Mr. McClelland — 2484
On vote 136.
Mr. Chabot — 2484
Hon. Mr. King — 2484
Mr. Chabot — 2484
Hon. Mr. King — 2485
Mr. Chabot — 2485
Hon. Mr. King — 2485
Administration of Justice Act (Bill 2). Committee stage.
Amendment to
section 5.
Hon. Mr. Macdonald — 2485
Amendment to
section 10.
Hon. Mr. Macdonald — 2485
Report stage — 2485
Administration Amendment Act, 1974 (Bill 3).
Committee, report and third reading — 2485
Occupiers' Liability Act (Bill 4). Committee stage.
Amendment to
section 8.
Hon. Mr. Macdonald — 2486
Report stage — 2486
Frustrated Contracts Act (Bill 5).
Committee, report and third reading — 2486
Crown Proceedings Act (Bill 6). Committee stage.
section 1.
Mr. Gardom — 2486
section 3.
Mr. Smith — 2486
Hon. Mr. Macdonald — 2486
Amendment to
section 6.
Hon. Mr. Macdonald — 2487
section 9.
Mr. Gibson — 2487
Hon. Mr. Macdonald — 2487
Amendment to
section 13.
Hon. Mr. Macdonald — 2487
section 14.
Mr. McGeer — 2487
Hon. Mr. Macdonald — 2487
Mr. McGeer — 2487
Hon. Mr. Macdonald — 2488
Mr. Gardom — 2488
Hon. Mr. Macdonald — 2488
Mr. Smith — 2489
Mr. McGeer — 2489
section 15.
Mr. McGeer — 2489
Hon. Mr. Macdonald — 2490
Mr. McGeer — 2490
Mr. Gardom — 2491
Mr. Smith — 2491
Amendment to
section 15.
Mr. Gardom — 2491
Division on amendment to
section 15 — 2491
Amendment to
section 17.
Mr. McGeer — 2492
Division on amendment to
section 17 — 2492
Report stage — 2492
Coroners Amendment Act, 1974 (Bill 43).
Committee, report and third reading — 2493
Provincial Court Amendment Act, 1974 (Bill 44). Committee
stage.
section 1.
Mr. L.A. Williams — 2493
Hon. Mr. Macdonald — 2493
Mr. Gibson — 2493
Hon. Mr. Macdonald — 2493
Mr. Gardom — 2493
Hon. Mr. Macdonald — 2493
Mr. Gibson — 2493
Hon. Mr. Macdonald — 2494
Mr. Gardom — 2494
Hon. Mr. Macdonald — 2494
Mr. Gardom — 2494
section 2.
Mr. L.A. Williams — 2495
Hon. Mr. Macdonald — 2495
Mr. Curtis — 2495
Hon. Mr. Macdonald — 2495
Mr. L.A. Williams — 2495
Hon. Mr. Macdonald — 2496
Mr. Curtis — 2496
Hon. Mr. Macdonald — 2496
section 4.
Mr. Gibson — 2496
Hon. Mr. Macdonald — 2496
Mr. Gibson — 2496
Report and third reading — 2496
Professional Corporations Amendment Act, 1974 (Bill 45).
Committee, report and third reading — 2496
APPENDIX — 2498
WEDNESDAY, APRIL 24, 1974.
The House met at 2 p.m.
Prayers.
MRS. P.J. JORDAN (North Okanagan): I'm sure you'll be
pleased to know that in the gallery today we have Mrs. Mercy
Armitage from Hartford, Cheshire, England, with her sister,
Mrs. Jessie Armitage from Vancouver. Both the Mrs. Armitage are
very conversant with the mother of parliaments in England and
I'm sure the Members will not only give them a warm welcome,
but also be on their best behaviour.
Introduction of bills.
ENERGY AMENDMENT ACT, 1974
Hon. Mr. Macdonald presents a message from His Honour the
Lieutenant-Governor; a bill intituled Energy Amendment
Act, 1974 .
Bill 18 introduced, read a first time and ordered to be
placed on orders of the day for second reading at the next
sitting of the House after today.
ISLANDS TRUST ACT
Hon. Mr. Lorimer presents a message from His Honour the
Lieutenant-Governor; a bill intituled Islands Trust
Act .
Bill 112 introduced, read a first time and ordered to be
placed on orders of the day for second reading at the next
sitting of the House after today.
Oral questions.
DUNHILL DEVELOPMENT PERSONNEL
MR. W.R. BENNETT (Leader of the Opposition): Mr. Speaker, to
the Minister of Housing: I see by the Province that the
Dunhill Development Corporation on April 25 is advertising for
a construction coordinator, a very important job as it points
out. I was wondering, in view of the Minister's statement when
he bought Dunhill, and further in this House, that really the
main asset was a team of experts to put together housing and to
solve problems in this province, whether this ad indicates that
the expertise that we paid….
MR. SPEAKER: Order, please. The question is argumentative in
the extreme. Obviously argumentative.
MR. BENNETT: Oh, all I'm trying to ask is if in fact people who were
part of that expertise are not working out and whether this is to replace some
of the people who were, in the Minister's words, the experts that he bought
as the main asset of this corporation.
HON. L. NICOLSON (Minister of Housing): I believe I'm aware
of one person who has left the corporation at this time. Other
than that — is that the question you're asking? Are you
asking about that bit of advertisement?
MR. BENNETT: Well, as supplemental, I'm asking for an
elaboration on whether we're having difficulty with the team of
experts which we bought, and whether this is from some of them
either leaving the company voluntarily or not working out.
HON. MR. NICOLSON: No, we have had no difficulty from
personnel.
WATER POLLUTION IN
SIMILKAMEEN VALLEY
MR. P.L. McGEER (Vancouver–Point Grey): A question to
the Minister of Agriculture. What emergency steps is the
Minister taking to protect the cattle in the Similkameen Valley
against pollution of the water supplies in that area?
HON. D.D. STUPICH (Minister of Agriculture): Mr. Speaker,
I'm not aware of what the current dangers are. Why is the
Member expecting the water to be unsuitable for cattle
consumption?
MR. McGEER: Mr. Speaker, surely the Minister is aware that
cattle are dying in the Princeton area as a result of pollution
of the water supplies and that measures are needed to first of
all track down the source of pollution, and secondly to protect
the drinking water for cattle and presumably for humans as
well.
HON. MR. STUPICH: Mr. Speaker, it's one thing to say that
cattle are dying because the water is polluted, and that is the
reason. Some people often assume that's the case when it isn't
necessarily so. It is being investigated and I'll have further
reports when we have the results of that investigation.
MR. D.M. PHILLIPS (South Peace River): Has the Minister or
any of his department heads been in touch with the Pollution
Control Branch to determine if, indeed, this water has been
polluted or not?
HON. MR. STUPICH: The Minister hasn't been in touch with the
Pollution Control Branch. Reports are
[ Page 2462 ]
coming into my department. Whether or not these will be
conveyed from my department to the Pollution Control, or direct
from the area to Pollution Control, or both, I'm just not aware
at this time. I'll take it as notice and give you the answer
later.
MR. PHILLIPS: Supplementary, on the same subject. Would the
Minister when he takes that as notice determine who has been
doing the bi-monthly samples of the water out of the
tailing pond? Has it been the Pollution Control Branch or has
it been the mining company and what have been the results of
these samples? Would you determine that?
HON. MR. STUPICH: Mr. Speaker, I may determine it; whether
or not I make it public is another question. I'd have to take
that under advisement.
MR. R.H. McCLELLAND (Langley): There's a far more important
question in here than cattle, and that is the infection of the
people in the families in that area. I'm wondering whether the
Minister has, in consultation with the Minister of Health (Hon.
Mr. Cocke) made sure that someone from Public Health gets into
that area and finds out exactly what's going on — whether
or not there is an even more immediate danger to the families
who own those farms.
HON. MR. STUPICH: To date there is no such evidence, but it
is being investigated and certainly we're in constant
communication on matters of public health.
MR. McCLELLAND: Mr. Speaker, would the Minister of Health
perhaps comment on that because I think it's a pretty important
problem. Is Public Health aware of it and are they in there
looking at the problem?
MR. SPEAKER: I think the Hon. Member is asking another
Minister.
MR. McCLELLAND: Yes, the same problem, another Minister.
HON. D.G. COCKE (Minister of Health): Mr. Speaker,
naturally, the Health Branch is watching everything that goes
on in the area. Normally it's the Health Branch that finds
these problems. As I understand it, there isn't a danger to
human life. That's, as I say, as I understand it, but it's
certainly being looked at.
MR. McGEER: It's suggested that the problem is an organic alcohol used
by this copper smelter, copper concentrator. I'd like to ask the Acting Minister
of pollution control, if there is one, what steps the Pollution Control Branch
is taking now to limit the use of that toxic material.
MR. SPEAKER: Order, please. I don't think it's customary to
ask any other Minister's subject. If the Minister is absent
from the House that's a matter of….
MR. McGEER: Mr. Speaker, look. There are cattle dying and
there's some question raised about the safety of humans.
Someone should be in charge of pollution control in this
province when an outbreak has taken place.
MR. PHILLIPS: Has the Minister of Health dispatched any
specialists from Victoria into that area to determine the cause
of these rashes that are breaking out on the families of these
farmers?
HON. MR. COCKE: Mr. Speaker, I'll take that as notice. It's
a departmental matter.
MR. PHILLIPS: It's a matter for this House.
MEETING WITH BLOCK BROS. AND
POSSIBLE AMENDMENTS TO BILL 75
MR. G.S. WALLACE (Oak Bay): Mr. Speaker, I've almost
forgotten what I was going to ask. To the Minister of Housing:
with regard to a meeting reported to have taken place on Monday
with Henry Block of Block Bros., could the Minister tell the
House to what degree possible amendments to Bill 75 were
involved in that meeting?
HON. MR. NICOLSON: I don't recall that Bill 75 was
mentioned. It certainly wasn't the most important topic of
discussion — just wide-range discussion.
MR. WALLACE: A supplementary, Mr. Speaker. Is the Minister
planning to have further meetings with this particular private
company and with other private companies? And is there any
coordinated plan to work the private sector into the housing
programme?
HON. MR. NICOLSON: Well, I've had other meetings with Mr.
Block and with many of the heads of various development
companies and real estate companies. But as I have said before,
we will be making public very soon a builders' proposal scheme
to the private sector to encourage construction of rental
housing.
MR. PHILLIPS: A supplementary question on the same subject,
Mr. Speaker, to the Minister of
[ Page 2463 ]
Housing. Are you inviting other private real estate
corporations to your office to discuss this, or is it just
Block Bros.?
HON. MR. NICOLSON: I've had discussions with several
different persons, either in my office or their office: Jack
Pool of Daon Developments, Jim Houston of Community Builders; I
suppose I could go on.
MR. McGEER: Mr. Speaker, is it a fact that Mr. Henry Block
and other developers in British Columbia have informed the
Minister that unless the legislation is changed, there will be
a drastic drop in the amount of rental accommodation being
built in British Columbia this year and in future years?
HON. MR. NICOLSON: I don't recall Mr. Block saying that.
MRS. JORDAN: Would the Minister for Housing, in light of the
present conversation, make available to the House the date when
he first had contact with Mr. Henry Block about these
projects?
HON. A.B. MACDONALD (Attorney-General): I'll answer
that question.
Mr. Henry Block asked me if he could have an appointment.
And as people ask for appointments we
schedule them, and if we
can see people, we do see them. That's how the meeting
originated and I was able to set some time aside.
MRS. JORDAN: A supplementary, Mr. Speaker. I was not
discussing, I believe it was, Monday's meeting. I was asking
the Hon. Minister of Housing when he first or anyone in his
department first entered into dialogue with Mr. Henry Block and
his company in regard to any type of public or government
involvement in public housing — the date?
HON. MR. NICOLSON: I can't remember every conversation that
I've had with Mr. Block. I've met with him on several
occasions. I don't know if I met with him the first time I met
with the urban development institute. He may or may not have
been there, and things may or may not have been said. So it's
very difficult. But I would say I've met with him on about four
or maybe five occasions.
MRS. JORDAN: Mr. Speaker, surely the Hon. Minister keeps a
calendar of his activities during his working hours and an
appointment book regarding his meetings. I submit that this is
very important to the House, and I believe the Minister
realizes that it is.
Interjections
MR. SPEAKER: Order!
HON. MR. NICOLSON: I don't keep tapes as some politicians
have done in other jurisdictions.
POSSIBLE COST OF PRODUCTION
GUARANTEES FOR APPLE GROWERS
MR. H.A. CURTIS (Saanich and the Islands): Mr. Speaker, this
is to the Minister of Agriculture on the subject of the Farm
Income Assurance Act . Is the Minister prepared to indicate
that under this legislation there is still a commitment on the
part of the government to negotiate with commodity groups
— particularly apple growers, for the purposes of this
question — on the basis of cost of production?
HON. MR. STUPICH: Yes, Mr. Speaker.
MR. CURTIS: A supplementary, Mr. Speaker. Negotiations with
the B.C. Fruit Growers Association — the apple branch
— have not resumed as of this date; is that correct?
HON. MR. STUPICH: That's right.
MR. CURTIS: A supplementary. Could the Minister indicate
when such negotiations are likely to resume? Is any attempt
being made by him or his department to reopen the negotiations?
If that isn't the case, what is the hold-up?
HON. MR. STUPICH: Mr. Speaker, I've indicated previously to
the House, and certainly outside as well, that the priority
thing in the department now is regulations under the
Agricultural Credit Act . These are taking longer than I
anticipated. We are having more meetings with the banks,
negotiating with them, than I had expected. I thought the
programme would be on line by this time.
There is still some question as to how far we will be able
to go without the legislation that is currently before the
House. We just can't even guess as to when that will be finally
dealt with by the House. But as soon as the regulations are
prepared, then the staff members involved in that programme
will be able to concentrate on the fruit programme. Within days
of finishing the agriculture credit regulations, which I hope
will be this week, they will have a presentation ready so that
we will be able to enter into further discussions with
representatives of the fruit industry. Let's say sometime next
week.
MR. CURTIS: Thank you. A supplementary, Mr. Speaker. Would
the Minister not agree that time is of the essence with this
particular commodity group
[ Page 2464 ]
inasmuch as they are moving into the more active part of the
operating year and are making purchases of various pieces of
equipment and fertilizers and so on, and are also making
arrangements with banks?
HON. MR. STUPICH: Yes, and of course the arrangements with
the banks will also be involved with the Agriculture Credit
Act , and that will help them there.
It is rather urgent, although whether it takes a few more
days or a week longer than it might, or even several weeks, the
trees are growing and things are happening there and the fruit
is being produced. That won't stop.
I think the growers generally accept the fact that we did
mean it, that we will resume negotiations and that there will
be some kind of programme, even if it's not the final
programme. So I believe there is some confidence. But it's
necessary to go further with it and re — establish
confidence among the growers themselves. I think that's the
important thing.
CREDIT ARRANGEMENTS
WITH MILK PRODUCERS
MR. McCLELLAND: To the Minister of Agriculture. Is it true
that the milk producers were told, when you addressed them
recently, that the credit Act was ready to go and the
regulations were at the bankers?
The second question: have you set an interest rate yet? Will
you be able to tell the farmers what interest rate they will be
paying for these loans?
HON. MR. STUPICH: No, to both questions, Mr. Speaker. We
have done a lot of discussion and we have met with the banks
several times — myself and sometimes staff members. But
there was another meeting today, for example. As a matter of
fact, it's going on right at this moment. So it's still being
discussed. I can't say what the interest rate will be because
that, too, is part of the discussion with the banks.
IDENTIFICATION OF PERSONS
CONDUCTING COURTS SURVEY
MR. G.B. GARDOM (Vancouver–Point Grey): To the
Attorney-General. Yesterday he indicated that there's
been a survey of court facilities in response to a question
dealing with the new building at Main and Cordova. I would ask
the Attorney-General who is performing this survey of
court facilities.
HON. MR. MACDONALD: Mr. Speaker, the justice development
committee of my department with the assistance of some
consultants.
MR. GARDOM: A supplemental. Is the Attorney-General
prepared to name the consultants?
HON. MR. MACDONALD: I can't; that bell just went.
MR. GARDOM: Saved by the bell. You'll do it tomorrow then, I
hope.
MR. SPEAKER: That gives you something for tomorrow.
Orders of the day.
The House in Committee of Supply; Mr. Dent in the chair.
ESTIMATES: DEPARTMENT OF LABOUR
(continued)
On vote 130: general administration and labour standards,
$2,732,386.
MR. J.R. CHABOT (Columbia River): Mr. Chairman, as we
adjourned last night I posed some questions to the Minister for
which we haven't received replies. I'd hoped that the break we
had would give him an opportunity to do the research on the
role of the director of arbitration — as to what kind of
a meaningful role he plays in the general administration of the
labour laws and labour standards of British Columbia. I was
wondering if the Minister could tell us that.
One other thing: as the Minister finalized the debate on
this particular vote last night, just prior to adjournment, he
left the impression that the three individuals — the
chairman and the two members of the mediation commission
— were probably the most overpaid people attached to
government in the past. I want to certainly tell the Minister
— and I'm sure he is very well aware as well — that
there are a lot of people that are presently attached to this
government that are receiving very lucrative salaries. There
are people on….
MR. CHAIRMAN: Order, please. I would point out to the Hon.
Member that we're on vote 130. We are required by standing
orders to be strictly relevant to the vote; therefore, he
should confine his remarks to those items which are contained
in the vote.
MR. CHABOT: Mr. Chairman, I'm talking about salaries of
individuals within the general administration and labour
standards, and making comparisons. I would hope the privilege
is not going to be denied the Member for Columbia River to
discuss salaries. Last night, you will recall very well, you
allowed a lot of latitude….
[ Page 2465 ]
MR. CHAIRMAN: Order, please. If the Hon. Member relates his
remarks to the items contained here, he may proceed.
MR. CHABOT: Yes, I'm talking about the salaries that are
spelled out in this particular vote, and I'm making comparisons
with some of the commissions which the government has
established where people are receiving $150 a day plus
expenses. People on other commissions are receiving $300 a day
plus expenses. If you look at 300 working days a year, that's
$90,000.
So it's most unfair of the Minister, when we were
questioning him last night, to start castigating the three
Members who played a very meaningful role in heading up a most
unpopular commission, the Mediation Services Commission, at
$42,000 and $40,000 respectively. It is most distressing as
well to see the way they were dismissed on television by the
Premier.
One other question regarding Vote 130. I see there is a
dramatic increase in the cost of printing, publication, and
advertising. It's moved from $3,900 last year to $400,000.
That's a pretty drastic increase in expenditure on advertising
and I'm wondering what kind of advertising the Department of
Labour proposes to undertake this year that requires almost
half-a-million dollars.
AN HON. MEMBER: Menehan and Dunsky needs it.
MR. CHABOT: Oh, Dunsky's being looked after very well in
other advertising programmes of the government, in particular
in Icky-Bicky — ICBC. They've done very well there
and I'm wondering whether each and every department is going to
reward Dunsky for his services in helping to elect this
government in August of 1972. It'll be the last time.
We also have a new vote — the board of inquiry
allowances and expenses, $120,000. That's a pretty lucrative
allowance — a new allowance — which has been set up
by the government. The Minister led us to believe yesterday,
when debating the industrial inquiries and his more frequent
usage of this particular vehicle to bring about labour peace,
that it appeared to be an incredible success story.
Well, just yesterday the president of the Forest Industrial
Relations and the president of the Pulp and Paper Industrial
Relations Bureau was most critical of the kind of results
brought about by the industrial inquiry which you appointed to
look into the dispute in the forest industry. We find now,
because of the actions of the adviser whom you had appointed in
this industrial inquiry, that there are now shutdowns,
slowdowns and work-to-rule programmes in pulp mills
in various parts of the province.
The president of Pulp and Paper Industrial Relations was most unkind in his
remarks regarding your appointee to this industrial inquiry board. He had this
to say:
"'Job action has been taking place for almost a week at
these and several other mills by maintenance tradesmen called
mechanics who are reportedly dissatisfied at not receiving a
between-contract pay adjustment similar to woodmill
tradesmen of the International Woodworkers of America.'
"Lanskail said the industry asked Hall in that inquiry to
look into a realistic way of relating the wage rates of
maintenance tradesmen in the pulp and wood sector, but added:
'Dr. Hall failed completely to address himself to the matter
and because of this failure we have the problems in the pulp
industry today.' He said: 'It was a cop-out on his part.'"
That's pretty strong language from a man who heads up the
negotiating team on the management side to say that your
appointee to the industrial inquiry commission was a
cop-out. He went on to say:
"'The concern of the pulp mechanics seems to be that the
present IWA bargaining with the industry would place the wood
tradesmen ahead of them for good. We blame Dr. Hall for not
facing up to the problem. We are now hoping the workers will
see the fairness of the advance raise and job action will
disappear.' Lanskail said the overriding problem is still to
find some way to establish a fair relationship between the IWA
and pulp tradesmen.'"
I am wondering if this kind of conflict slow-down,
work-to-rule is going to continue. What kind of
action is the Minister going to take? Or is he going to sit
back until things explode? I think you have a responsibility,
because you set up the inquiry which caused the problem. I
think the Minister should tell us what kind of action he will
take. He took the action in setting up the inquiry. Are you
going to take action now to resolve the problems created by
industrial inquiry?
HON. W.S. KING (Minister of Labour): The Member for Columbia
River asked a number of questions regarding increases in the
budget for general administration in the department.
Particularly he wonders what function the director of
arbitration is playing and how I justify his salary.
One of the greatest gaps in the Department of Labour that I
found upon assuming this office, and one of the greatest
deficiencies that was drawn to my attention, both by industry
and labour, was the lack of qualified arbitrators in the
province to fill the very many roles that were required by the
parties to collective bargaining. The department felt that we
simply had to do something positive to fill that gap, not only
to secure arbitrators who would be prepared
[ Page 2466 ]
to act when they are requested of the department by industry
and labour, but to do something positive in terms of helping to
educate and prepare people who can act in the role of
arbitrators, so consequently we had to have someone in the
department take responsibility for this function. I might point
out that British Columbia was one of the only provinces which
failed to offer any cohesive arbitration service.
At the same time under the new Labour Code all arbitrations
are required to be filed with the Department of Labour so that
we have a record for the information of unions and management
groups and for the department in terms of research on trends in
arbitration hearings and so on, so there's that additional
function which requires a good deal of expenditure in terms of
creating an arbitration library, as it were.
The cost of doing this is quite modest in British Columbia
when we contrast it with the giant bureaucracies which
provinces such as Ontario have in terms of this whole
arbitration service.
It's very vital in my view and I would think the former
Minister of Labour (Mr. Chabot) would agree that this is a very
vital and important service in the Department of Labour. We
need more qualified people to come to grips with all those
complex problems and I would think the Member would support the
increased budget to accomplish that.
The other question he asked was with respect to the
increased budget for advertising and printing generally. Part
of that increase is related to the new arbitration service
— the library and the record of arbitrations and so on.
That also covers the Human Rights Branch. I think all Members
of the House would agree that it's absolutely essential to play
an educational role in the rights of citizens under the new
Human Rights Act as statutes of this kind are of very
little use unless citizens of the province are familiar with
and understand the benefits and the provisions that are enacted
for their protection. So it's necessary to develop brochures
and to decentralize throughout the province so that not only
the people in the metropolitan areas but minority groups
— native Indians and so on in every corner of the
province — have equal access and equal protection under
the Human Rights Code. Part of the budget goes to providing
that type of service.
The Labour Code is a brand new and very, very central, crucial document to
industrial peace in the province. We have taken the position of sending officials
of my department out to explain the concept of the new Labour Code to the people
who must function under it. I don't think it's good enough to write this kind
of legislation and then sit back and just expect people to understand it without
getting out and doing some work in terms of explaining not only what the legal
requirements are, but what the philosophy and concept of the code is, in terms
of what we're trying to achieve. This is central in my view to the acceptance
of any new legislation in terms of industrial relations.
When it comes to Dr. Hall, the Member for Columbia River
(Mr. Chabot) has indicated and quoted from a statement made by
Don Lanskail, the chairman of the FIR and the Pulp Bureau
criticizing Dr. Hall for an arbitration award he came down
with, and asked what I intend to do about it. In the first
place it's apparent, once again regretfully — I'm
becoming to feel rather badly for the Member for Columbia River
— that he just doesn't do his homework. I never appointed
Dr. Hall. His association with the pulp dispute was solely a
voluntary one between the industry and the union. I made no
such appointment. So really I don't feel too responsible if one
of the parties, which voluntarily accepted….
MR. CHABOT: You suggested Hall; you know it.
HON. MR. KING: The parties voluntarily accepted Dr. Hall
and, you know, one or the other may not be completely happy
with his report. Nevertheless, you can't have it both ways. You
can't have a solution under arbitration and then hope that you
have all your own way.
Now Dr. Hall is one of the eminent people in industrial
relations in the province. He has been involved in a great
number of arbitrations, and I think his record is one that is
certainly admired by all sections of the people involved in
industrial relations. I have no hesitation in saying that Dr.
Hall has rendered a great service to the province.
The question of the relationship between the pulp sector and
the IWA, the forest sector, is one which is embodied in the
collective agreement. So if there's a problem — and there
has been, granted — that problem is the result of a
collective agreement which was voluntarily signed by the
industry as well as the union. In my view, both must bear the
basic responsibility for solving their own problems. I don't
believe in the heavy hand in intervention.
MR. CHABOT: The big stick.
HON. MR. KING: I believe the parties as far as
possible should be allowed to work out their own problems.
MR. CHABOT: Lay the wood to them.
HON. MR. KING: In most cases they have measured up to that
responsibility. Now if they don't and if they fail to recognize
the public interest, then we'll consider other devices —
a more persuasive approach; let's put it that way. (Laughter.)
So I think that answers the Member's question.
[ Page 2467 ]
MR. CHABOT: There are going to be a lot of brochures
printed, I see, by the Department of Labour: $400,000 as
compared to $3,900 the year before. I'm most gratified really
that it won't be political propaganda through advertising;
it'll be strictly brochures. I'd like to thank the Minister for
telling us that there won't be any advertising from his
department — strictly brochures.
MR. G.S. WALLACE (Oak Bay): Mr. Chairman, I'd like a little
guidance. I presume that this vote allows for discussion of the
Workmen's Compensation Board administration. I find no mention
of the Workmen's Compensation Board in the estimates.
MR. CHAIRMAN: Order, please. I believe the proper place for
that discussion would be under vote 129, which has already gone
through.
MR. WALLACE: Mr. Chairman, we're all trying to get through
the estimates intelligently and in good spirit. There's no way
that we can discuss this Minister's estimates without
discussing workmen's compensation. Now if I'd talked for an
hour-and-a-half yesterday, there would have
been complaints about long-winded speeches. I purposely
avoided it so that I could discuss it under administration. I
would suggest that somehow, somewhere in the succeeding votes
we must be able to discuss the Workmen's Compensation
Board.
MR. CHAIRMAN: Order, please. I would ask if it's agreeable
with the House that he discuss workmen's compensation under
vote 130.
HON. MR. KING: On a point of order. I think it should be
pointed out to Members of the House that the workmen's
compensation administration is in no way responsible to my
department. The only responsibility lies in legislative
control, much the same as B.C. Hydro or the railway.
The Workmen's Compensation Board once a year files its
annual report with the House in the same way that the other two
Crown agencies do that I referred to. Now I have no authority
to intervene in the budget of the Workmen's Compensation Board,
It's funded solely by private capital. I think the only
possible area for consideration of that tribunal would be under
the Minister's vote in terms of legislative responsibility. I'm
not sure that the estimates are the proper place to consider
legislative change to the Workmen's Compensation Board.
MR. CHAIRMAN: Again, I would refer to the standing orders
that we must keep our comment directly relevant to items
contained in each vote.
MR. WALLACE: On a point of order, it seems analogous to me. The Minister's
explanation resembles the Premier's responsibility when we talk about the B.C.
Railway. We've always been allowed to discuss this kind of subject in that way
under the Minister of Finance's estimates. It's my impression that while the
Minister directly has no financial control over the Workmen's Compensation Board,
surely in the legislative responsibility there has to be one Minister of this
government responsible for the function of the Workmen's Compensation Board.
It is so intimately involved with labour matters in general in the province
that I think we seem to be splitting hairs in suggesting that this can only
be debated under the Minister's vote.
MR. CHAIRMAN: Order, please. I would point out to the Hon.
Member that it is the responsibility of the Chair to enforce
the rules as they are given to us in the standing orders. The
proper place to have brought that matter up would have been
under vote 129. We have now moved on to vote 130. Therefore,
the responsibility of the Chair is to enforce the rules as they
apply to vote 130.
HON. MR. KING: Mr. Chairman, if I may just comment, I have
no desire to pass lightly over the workmen's compensation area.
But there is a notice of motion for the introduction of
legislation on workmen's compensation amendments. I would
suggest that that would afford an appropriate time to discuss,
generally, workmen's compensation legislative considerations.
But since this is consideration of estimates and since I'm not
responsible for a budget as far as the WCB is concerned, I
would think that your ruling is proper.
MR. CHAIRMAN: The Chair would rule that your comments must
be relevant to the items contained in vote 130, as required by
standing orders.
MR. WALLACE: Well, that makes it a little more difficult, I
must admit. I notice that there are two items there to do with
the compensation consultant and compensation counsellor, to the
tune of some $35,000.
The tragedy of this to the government in not letting me
speak, Mr. Chairman, is that I've got all kinds of good things
to say about the compensation board. Last night I was saying
all kinds of bad things and I got all kinds of leeway to say
them. Now, when I'm trying to hand out a few bouquets, I can't
get at it.
But perhaps the Minister could let me talk about the
financial responsibility of paying for these compensation
consultants and counsellors, and try and give the House some
information as to how that relates or in what way it relates to
the reorganization of the whole matter of claims adjudication.
Because,
[ Page 2468 ]
of course, in a compensation matter it is very important, if
the injured workman feels that he's not being fairly dealt
with, that there's great scope for help from consultants and
counsellors. The reorganization which has taken place presumably
involves these two particular positions.
I'm talking particularly of the kind of information that was
provided in an excellent news bulletin by the compensation
board for the months of March and April, where it very clearly
reorganizes the very important function of claims adjudication
and, in fact, abolishes three of the departments. You know, Mr.
Chairman, we should always be very happy when we hear about
government agencies that are abolishing departments. It seems
such an unusual and rare, but very desirable, change of
direction in an era of bureaucracy.
What's happened here is the claims department, the claims
advisory service and the rehabilitation services department
will be abolished as of March 29, and the new department will
simply have three divisions, A, B, and C, dealing with the
whole question of claims adjudication.
I think this is the best kind of coordination and drawing
together under one roof of these kinds of services. I know that
the degree to which women can receive advice and counsel and
can feel that their difference of opinion with the board is
being listened to is very vital — and preventing the
claim going on and on and probably going to the last level of
medical review panel and all that goes along with that, which
is final and binding.
I feel that if there was more consultation and advice
available to the workman — along the way, as it were, in
the course of the claim — this might not only give the
workman a better deal or a greater sense of justice; it would
in fact cut out a lot of the bureaucracy. I think that the new
chairman of the Workmen's Compensation Board is just doing a
fantastic job in several areas, and in particular in his
ability to cut red tape and get down to the bones of the
matter. In many cases, in my limited experience, he has brought
about very fair solutions and recommendations on cases which
have been lingering for some time — up to five years.
I'd like to say that a case I raised in this House four
years ago has been resolved in what I think was a very fair and
satisfactory manner. But perhaps if this compensation
counsellor and this compensation consultant had been available
and functioning under vote 130, I'm sure that some of these
cases would not involve the long and tedious processes and the
hardship to the patient and the inevitable degree of hostility
which builds up sometimes between the patient and the
board.
The other point that I wanted to raise — which is a little more difficult to
raise under the two lines on vote 130 — is the hope that in the reorganization
and in recognizing the importance of these kind of people, we could hopefully
look at this whole phrase "pre-existing disease" in a new light.
Without going into a long exposition on that, Mr. Chairman,
because you are looking very pensive, I think this is an area
where some neutral person or some person who has an essential
function in a consultative or a counselling nature should
always be available to make sure that when claims are being
considered that the purely radiological evidence of some aging
process or some degenerative process is not given undue
attention in light of the real problem which is the injury to
the workman.
Time and time again the workman certainly gets the
impression that he is not getting a fair deal because some
routine investigation shows the existence, say at age 50, of
some degree of….
MR. CHAIRMAN: Order, please. I would draw the Hon. Member's
attention to the fact that there will be a bill introduced
shortly with amendments to the Workmen's Compensation
Act. And it may very well be that that area is covered.
Also, I regretfully….
MR. WALLACE: Oh, Mr. Chairman….
MR. CHAIRMAN: Order, please. Also, regretfully I would ask
the Hon. Member to relate his remarks to the particular items
in the estimates. I think you are wandering away.
MR. WALLACE: Mr. Chairman, I know the Conservative Party is
very well informed, is, in fact, endowed with many talents, but
one of them is not telepathy. And I can't tell what the
intentions of the Minister are because he has given notice of
amendments to a bill. With the greatest respect for the Chair,
if you are ruling me out of order on that basis, I simply have
to challenge your ruling. There is no way I can…
MR. CHAIRMAN: Order!
MR. WALLACE: …anticipate what the Minister will one day
bring into this House as....
MR. CHAIRMAN: Order, please. I am not ruling the Hon. Member
out of order on those grounds. I would rule him out of order if
he continues this line of debate without relating his remarks
to the particular items before us in the estimates. I would ask
the Hon. Member to confine his remarks to the items in the
estimates. I was merely trying to be helpful. Would the Hon.
Member continue?
MR. WALLACE: Well, Mr. Chairman, I just have a few more
comments anyway. They mainly relate to the fact that the
compensation consultant and the
[ Page 2469 ]
counsellor, I would assume and hope, are to be given greater
emphasis in the reorganized department because some of the
problems I am trying to bring to the House — albeit in a
somewhat circumlocutory way — are related, magnified and
go on and on and on.
If there were more people in a consultative and a
counselling capacity early in the claim process, we would in
fact, perhaps, obviate a great deal of the problems that go on
and on with cases that are either unresolved, or where the
unfortunate patient doesn't accept the decision of the board,
or feels that there has not been enough done either to inform
him of his rights under the Act, or to make him knowledgeable
about some of the facilities and forms of advice that are
available to him.
I wonder if the Minister could give us some idea on these
two items in Bill 130 — compensation consultant and
compensation counsellor — why, in fact, they are in this
bill and if, in fact, the Minister's administrative
responsibility is not directly to the board since the board
acts on its own and within its own administrative structure.
Maybe the word "compensation" is misleading in this vote. At
any rate, within the limitations of the wisdom of the Chair,
Mr. Chairman, I have tried to make that point. I would be
interested in the Minister's response.
HON. MR. KING: After that tortuous and circuitous route, I
will try and traverse the same path, Mr. Chairman. I would like
to say that I do appreciate the Member for Oak Bay's concern
with Workmen's Compensation matters. Indeed, for the record, I
would just like to observe that he has been a considerable
degree of help to my office in considering this whole area, and
I appreciate his co-operation. In the past I haven't
hesitated to call on him for his advice. I know it is a genuine
concern.
The particular vote of the Workmen's Compensation consultant
and the counsellor comes under the Department of Labour vote
for a specific reason: to maintain the independence of the
worker's advocate — his independence from the board
— and so his responsibility and the wages come under the
Department of Labour vote which secures and maintains that
independence from the board.
In other words, the worker seeking assistance in terms of
determining whether or not he may have an appeal, in terms of
determining whether or not he has correctly assessed his case
or whether the Claims Department has, he should have access to
an advocate who is separate from the board and is not part of
the initial and original decision that was made. So, that is
the reason for it. This was developed under the previous
administration, and it is simply a continuation.
We lost the previous Workmen's Compensation consultant — he resigned last year
to pursue his practice in law again — and there was a period of time when we
just had the counsellor working by himself until we could attract a qualified
person to act as the consultant.
They have received additional office staff because their
workload was very, very heavy. So, we are simply continuing a
structure that has prevailed for some time.
I would like, Mr. Chairman, to say to the Member for Oak Bay
that the bill that will be introduced, hopefully, very shortly,
deals with amendments to the Workmen's Compensation Act
and covers quite a wide variety of interests. I am sure it will
provide the latitude for the Member to really get into the kind
of discussion he would like to on some of the other things.
I appreciate his comments regarding the changed
administrative structures within the board. Although I am in no
way responsible for them, I certainly am pleased and excited
about some of the new trends taking shape within the board.
I hope that that deals with the questions which the Member
raised.
MR. D.A. ANDERSON (Victoria): Mr. Chairman, I have a few
questions on page N-97, at the beginning of the vote
— about 15 lines down we have the Director of the Women's
Bureau, the Assistant Director of the Women's Bureau and the
Consultant to the Women's Bureau. And I asked questions on this
under the Minister's vote.
My rough calculations indicate that we are actually going to
be spending less money in the coming year on these, presumably,
ladies — maybe they are men who work in that department,
I am not sure — but we will be giving less money to these
four people than previously for their operations and for their
work. Certainly, two of them go up in pay, the other two
apparently go down.
I raised this yesterday, Mr. Chairman, because I was
concerned that we are not doing very much when it comes to
encouraging equality of opportunity for the female sex. The
Minister came back and said that it really didn't matter
because this is going to be taken care of — in the Civil
Service at least — by collective bargaining, and it would
be tough, of course, if the union adopted male chauvinist
attitudes. It wasn't the government's basic responsibility
because they were going to act as the employer, and they
weren't going to get involved in such things as equal pay and
opportunity for women — that was a subject for
negotiation at the bargaining table. I think that is the wrong
approach — I said so yesterday and I won't repeat it.
I do feel that in this area we seem to be getting a
downgrading, an obvious financial downgrading if you take into
account inflation, a very substantial financial downgrading of
the work being done by the
[ Page 2470 ]
Women's Bureau. I would like to know why. I would like to
know why the government which came in on the promise of a
women's Ministry — something forgotten by their Members
since they preached this on the hustings back in '72….
I would like to know why it is a very, very small area which
is devoted to assisting women in getting equal opportunity,
both in terms of pay and in opportunity for employment, so that
perhaps women can have a little bit of assistance in getting
around the sort of chauvinistic advertising from the Provincial
Secretary's (Hon. Mr. Hall'
s) department, which I brought to
this House's attention some time ago.
It seems to be downgraded once more and I am worried
because, first of all, it is contradictory to the government
party's policy — it doesn't appear to be contradictory to
the government's policy. It's contradictory to my understanding
of what, indeed, the policies of all the parties of the House
are. I would like to know why we have in those three lines of
this particular vote 130 this reduction in the amount of money
from $46,452 to $44,358.
It is great to have policy statements by the NDP, and great
to have policy statements which go to the public as policy of
the party. But when the government gets in and starts
downgrading even the little that has been done in previous
years with respect to assisting women and the operation of the
Women's Bureau, I think it's very poor indeed. I wonder if
there is some explanation for it.
HON. MR. KING: I perhaps misunderstood the Member's question
last evening. I took it to relate to the public service in the
government. My comment that collective bargaining would perhaps
solve many of the anomalies and discrepancies that had existed
over the years was in no way a cop-out. The Second Member
for Victoria (Mr. D.A. Anderson) should understand that, under
the new Labour Code, trade unions are also prevented from
negotiating discriminatory rates. That is a new and first
protection which in my view has been long overdue in terms of
protection to women.
The other point the Member raised regarding the budget and
the staff for the Women's Bureau is obviously a bit misleading.
There has been a reorganization of the department. As you know,
the Manpower Training Branch has taken responsibility for this
whole area of job placement and training and so on. What we
have now are the same people involved but, rather than an
isolated group as an offshoot of the department as they were
formerly, they now have attached to them apprenticeship
counsellors from the apprenticeship branch who assist the
Women's Bureau in ensuring women's content is ensured in
employment opportunities.
Additionally, the branch works with the federal Department of Manpower and
Immigration to monitor job opportunities for females within the province. There's
no dissipation of the funding and the resources, both financial and physical,
in terms of that important
section of the branch. I give the Member that assurance.
MR. D.A. ANDERSON: I appreciate the fact that apprenticeship
counsellors will be helping the Women's Bureau civil servants,
be they male or female, but that's something which may well be
very much in the future. I think it's a good idea; I'm not
denying that. If you can get more girls in apprenticeship
programmes I think things will improve; I'm all in favour of
that. But that, if I can go back to my first point, is
something that may show results well on in the future; it's not
going to show results in anything less than 5 years, maybe 10,
15 or 20 before the girls who go through those apprenticeship
programmes actually get out and start hitting the positions
within their trades and, of course, within the union structure
which they should be getting and they're not getting at the
present time.
I agree that it's good to have apprenticeship counsellors
working with the Women's Bureau, but your assurances, Mr.
Minister, simply do not seem to go far enough. I was under the
impression that an NDP government would provide special
incentives to ensure equal work for women at equal rates of
pay. I don't really see anything very much coming out of a
Women's Bureau which, candidly, is being diluted — with
all due respect to your suggestion that they're going to move
into other areas as well — and which, in actual fact, as
a bureau is going to be reduced in importance in pay.
I know it's easy to put forward legislation as we have done,
but when the Provincial Secretary's department, the Queen's
Printer, starts advertising discriminatory rates of pay and
then, in answer to my queries on this, the Provincial Secretary
(Hon. Mr. Hall) gets up and says, "Well, it's for different
jobs." — which indicated clearly that there was going to
be job discrimination between males and females — I just
don't think we've gone very far at all.
I would urge the Minister to have a good look at this.
Perhaps he hasn't taken much interest in it up to now and
perhaps this came into the estimates in a routine way and he
hasn't picked it up. I hope this time next year I will have a
little different type of estimate to look at in this regard. I
really don't think we're doing a thing to get around the
problems of discrimination, both in pay and in terms of
opportunities.
MR. CHABOT: Just a brief question. I see we have an
allocation for a labour ombudsman: $39,000. There's also an
allocation of expenses of $90,000. That's even more allowances
than the Premier of British Columbia gets; $90,000 is slightly
more than
[ Page 2471 ]
the Premier. There is no indication or any provision for
office facilities or additional staff or anything like that; it
specifically spells his allowances out in the estimates. I was
wondering how he's going to find it possible to spend $90,000
allowance during the forthcoming year.
Also, there has been a large increase in the travelling
expense under this vote from $65,000 to $134,800. I am
wondering if this is where some of the travelling expenses of
the Labour Relations Board comes from, or is it just because of
the increased staff in this particular vote? Is that why there
is an increase in the expenses? If the expenses in travelling
allowances for the members of the Labour Relations Board aren't
here, where are they concealed?
HON. MR. KING: The expenses for the Labour Relations Board
are under the board's vote. I'm not sure what the number of
that is off hand but it's further along. The expenses
associated with the ombudsman are related to not only paying
the salary and the travel expenses of an ombudsman when we
appoint one — and I would point out that that
section of
the Labour Code is not as yet proclaimed — but the
expenses will involve setting up an office, securing the staff
which he would require to conduct investigative work, and
office and clerical help and so on.
I think all Members can appreciate that an ombudsman, to
play the kind of role which is necessary, would require
absolute independence from any agency of government to ensure
that his investigations and his conclusions were based on the
facts in an impartial way rather than related to any
subservient position to a government department. Part of it
would be a one-time expenditure in terms of setting up
his office and securing his staff.
MR. WALLACE: Somewhat along the same lines, I was just
puzzled a little bit by the tremendous figure that's included
for code 013: printing and publications and advertising,
$400,000.
Interjection.
MR. WALLACE: Oh, I see; I beg your pardon.
MR. CHABOT: Brochures. No advertising; strictly
brochures.
MR. WALLACE: Oh, I gather this question has been asked
already, Mr. Chairman. I was out of the House, I gather. Could
the Minister tell me, in a word, how it's gone from $3,900 to
$400,000?
HON. MR. KING: I did point out earlier that that involves the establishment
of an arbitration director and the branch of the department. In my view this
was an area that had been neglected for many years. We had no machinery for
ensuring that there were competent arbitrators to act when required throughout
the province. We feel we have to have a reserve of arbitrators whom we as a
government might call on or that the parties to a dispute might call upon. I
think that we have a further obligation to involve ourselves in the training
and preparation of people to fill that role.
In addition to that there is the human rights code. The
advertising for that branch is under this particular vote you
refer to. As you can appreciate, that involves a tremendous
educational role, as does the new Labour Code. We have put out
brochures. The Deputy and the Associate Deputy Ministers have
travelled around the province explaining to labour and
management groups what the intent and the conceptual background
of the Labour Code is and what we are trying to achieve. I
think this is a necessary function which would have helped in
the past had we done more of it.
MR. G.B. GARDOM (Vancouver–Point Grey): The Hon.
Minister raised a very interesting point there when he was
talking about the need for the training of arbitration
personnel in the province. Could you furnish us with some
particulars of what you are envisaging along that line?
HON. MR. KING: I think there's a real vacuum in terms of
education in this province for all aspects of industrial
relations. The department is considering at the moment a
variety of educational programmes that hopefully will
facilitate a more sophisticated and a little more responsible
approach to industrial relations. Many of these areas are the
kind of proficiencies which were only acquired in the past
through experience — getting involved in an active way in
disputes. We're hopeful we might, through a series of seminars
conducted under the auspices of the department, bring in
lecturers and run the kind of seminars that would help to
develop the kind of skills necessary.
While I'm on my feet in this respect, I might mention that I
anticipate further expenditures within the department for this
kind of educational role on the labour side also.
I have said on many occasions that it's rather negative for
the government to grant by legislation tremendous economic
power to trade union people in terms of the ability to call a
strike and tie up an important
section of the economy when we
fail to provide any system of education and preparation for
these people to assume that office. Simply by the fact of
winning a local union election many people find themselves in a
position where they hold this power in the hand of tying up a
very, very important industry. I have found through my own
experience
[ Page 2472 ]
that in a number of situations the poor working person who
aspires to that position and reaches it is not very well
equipped to carry that kind of burden of responsibility.
In my view, I think that we have to give more attention and
more resources to developing some detailed knowledge, some
preparation — perhaps courses in economics, perhaps
courses in trade union administration and sociology, those
kinds of sciences — so that people in whom we vest this
power are at least qualified and equipped to exercise that
power in a responsible way.
We too often, in my view, sit back and decry
irresponsibility when we do absolutely nothing to ensure that
working people of this province, particularly, have access to
the kind of skills that they need. So I make no apology for the
increases in the budget, in terms of developing skilled
arbitrators, better negotiators and all the variety of aids
that we need to make collective bargaining more functional in
this province.
MR. GARDOM: Mr. Chairman, the Minister has enunciated
extremely responsible suggestions here. But are these all in
the formative stage? I gather he was thinking on his feet, and
I commend him for what he said, but are there any programmes?
Do you have any programmes to support the matters which you
just mentioned?
HON. MR. KING: Yes, we're formulating programmes at the
moment. As you can appreciate, I think we've done a great deal
within the 18 months we've been in office in terms of the
legislative change and all the administrative functional
changes that were required to accommodate that legislative
change. But quite frankly, yes, we do have many of these
programmes underway in terms of the initial preparation. It
will be some time before we get them all off the ground, but
this is the direction we're going.
MR. GARDOM: I understand, then, from the Hon. Minister that
none of the suggestions he's raised today as yet are really in
programme form.
HON. MR. KING: No.
MR. D.A. ANDERSON: I would like to congratulate the Minister
on the last few words, probably the most significant statement
that he's made, or indeed has been made, in this debate so far
on his estimates. We congratulate him from this party, as has
been done by the Second Member for Vancouver–Point Grey,
because we think that's an excellent suggestion. We were very
impressed by that.
But I ask this question, which perhaps can be also pondered on by the Deputy
Premier (Hon. Mrs. Dailly): why is it that in the estimates we have education
programmes and policies dealing with such things as sociology and economics
for trade union leaders under code 013, which is printing and publications and
advertising?
It passes belief that these estimates we get can be so
misleading in the titles applied to them. I know that this is
not the Minister's fault. I don't think he's trying
deliberately to conceal, but we have no end of difficulty in
the opposition and as Members of the Legislative Assembly in
properly discussing and analyzing Ministerial estimates when
the estimates…and $400,000 comes up and it's totally
misleadingly labelled.
You should be sued by the Minister of Consumer Services (Ms.
Young) for false advertising. It's ludicrous that we have to
probe with questions on every line to try and really find out
what's there, when the title of the actual amount of money is
just false.
We found
that that came under the laundry, the laundry estimate,It happened with the Attorney-General's estimates on
the question of clothing. He didn't even know whether the
clothing estimates were for guards or prisoners. Eventually he
found the clothing for prisoners. I see he's borrowed one of
the jackets from one of the prisoners. (Laughter.) for the
correctional services. New clothing came under laundry.
Now we have education programmes coming under printing and
publications. I trust that the Deputy Premier is taking a close
note of what I'm saying, because the way these estimates are,
it just makes a farce of the debates. It takes us much longer
than it would otherwise take if we didn't have to keep on
questioning to try and find out what's really there.
Vote 130 approved.
Vote 131: Factories Branch, $621,604 — approved.
On vote 132: Apprenticeship and Industrial Training Branch,
$9,601,114.
MR. D.A. ANDERSON: Mr. Chairman, first of all, I come
forward with great expectation that the Minister under 007,
which is advertising and publicity — not James Bond
— which goes from $1,500 to $25,000…Perhaps in his
little magic grab-bag he'll come up with something new
and exciting, because probably that's been mislabeled too. It
is a real chunk of money, a tremendous increase — a many
thousand per cent increase — which perhaps covers some
other exciting and interesting new programmes.
That's one question. I wonder whether he would indicate
whether or not code 007 does give us something more than it
says on the surface, because
[ Page 2473 ]
in actual fact it's advertising and publicity; the last one
which we found so interesting was publications, printing and
advertising. It sounds sort of similar. The increase is of a
similar enormous increase in magnitude. Perhaps there's
something hidden there that he could enlighten us on.
The second point I'd like to question under vote
132 is a question raised yesterday by the First Member
for Vancouver–Point Grey (Mr. McGeer): that is the
private or independent vocational school. We have many schools
of this nature. Most of them are business colleges teaching
shorthand, typing, bookkeeping procedures, things of that
nature. We've all seen the schools. Some of us such as myself
have attended them, and we've learned to type or whatever
else.
I think that the point raised yesterday was not touched upon
at all by the Minister in his reply, but the fact is —
and I'm quoting November, 1973 figures — the New
Westminster Business College is allowed to charge
$52.50 per month for roughly the same training that
the Duffus College Limited charges $70 a month for and
Pitman can charge $85 for and McKay Tech and Dave Gordon
Systems can charge $130 for.
The provincial vocational schools charge the federal
Manpower department anywhere from $120 to
$150 per month for virtually exactly the same training
that is provided by the New Westminster Business College at
one-half to one-third of the amount.
Now I know that the reply could come back quite simply:
"Well, all these colleges find their own level; they charge
what they wish." But that's not the case. They're all resisted
by the government to a 5 per cent increase only.
Therefore, any college which has a slow starting base winds up
with a continuing low tuition fee. Those that start with a high
tuition fee wind up with a continuing high tuition fee.
Now this iniquitous system was developed under the former
administration and I just fail to see why the present
government continues it, because 5 per cent is way out
of line with inflation. You gave every civil servant 10 per
cent or more. It has no relevance whatsoever to the costs of
providing the education. It's an arbitrary figure set at an
absurd level, so the whole thing makes no sense at all.
I just cannot see why the Department of Labour continues
this practice, and I can't see why they will refuse
certification to these trade schools if the 5 per cent figure
is not adhered to, because there are, as I said, enormous
discrepancies. Some fees are virtually a third of other fees.
Yet those that are well down are perhaps trying to buy new
equipment, new typewriters, new calculating machines; they're
quite unable to do so with their present structure of fees.
I wonder whether the Minister would indicate whether he will either alter,
retain or abandon this present 5 per cent limitation and 5 per cent maximum
increase in tuition fees. I realize that the government doesn't wish to support
independent schools — we went through that before with the Minister of Education
— but here is where a clumsy and short-sighted policy is damaging institutions
which are providing very necessary skills and necessary skills which help our
young people, in particular, who want to get into the work force relatively
quickly.
Perhaps the Minister would like to gladden my heart with a
statement that he's going to abandon the 5 per cent, because
unless he does the present chaotic situation will simply
continue, and the tremendous variation in quality of education
will also continue.
HON. MR. KING: Mr. Chairman, the Member might have gladdened
his own heart had he looked into it a little more
closely. The 5 per cent was abandoned last year and a 10 per
cent increase rate granted.
MR. D.A. ANDERSON: What date?
HON. MR. KING: I believe it was just before the registration
in October of last year. Now, The Duffus School of Business
that was brought up yesterday — however you wish to
pronounce it — the duffers over there referred to it,
anyway…They requested an increase in their fees last year.
They were allowed to increase the fees up to 10 per cent. They
got in on this increase in the percentage. Previously, of
course — you're quite correct — the limit was
5 per cent.
These courses are designed to respond to needs in industry
and in the work force. It's essential that the department be
assured, as the licensing agency for these trade schools, that
the content of those courses will truly meet the needs of
industry — the skills which industry requires. So there
is a committee which meets and assesses the curriculum and the
training material which these schools propose to use. At the
same time, this committee can consider the rates that are
proposed to charge and if there are unusual costs, they can
grant changes in the rates, but it's essential, I believe.
I think the Member would agree that unless the content of
the courses and the prices charged to students were regulated
in some way, it would open up the possibility of all kinds of
gouging and in some cases ' questionable training in terms of
meeting industry's needs. So this is as it has been for some
time, fully supported by industry and by the trade union
movement in the province, and I think it's a good
structure.
MR. D.A. ANDERSON: I'd like to thank the Minister. I
mentioned that I was dealing with the very end of October,
November, and the situation then. I
[ Page 2474 ]
appreciate the fact that apparently very shortly after,
despite the discouraging letters that the Minister signed on
April 19, '73, and July 6, '73, there was a change. It does
show that he does change his mind and I'm delighted to see
it.
I quite agree, Mr. Minister, through you, Mr. Chairman, that
there needs to be perhaps some control, and there's no
suggestion from this side that that
industry-union-government committee does not
continue to look at future needs. I think it's very essential.
But would he perhaps indicate how the limit is now off? The
percentage limit was obviously just ludicrous. Is it now a
question that each rate application must go before the
Minister's department or before a board? How are rate increases
now permitted? I personally feel that the public educational
system, which provides the same courses, is a very good check
on the amount that these private institutions do charge. But
perhaps he would indicate to us how the new system is
working.
HON. MR. KING: Well, Mr. Chairman, the Member didn't seem to
understand that it's not a new system. This has been the
procedure for some time and I as a politician do not grant
these provisions without an agency to advise me. I simply
proceed by the recommendations I receive from the trade school
administration.
In the case of the Duffus School, the committee met. They
appreciated the cost involved in developing this school, and
they decided to allow him to charge $1.25 per unit hour of
instruction in general commercial courses. So depending on the
circumstances involved, this committee, which is trained and
experienced in dealing with this kind of thing, makes the
recommendation to me, which I usually concur with.
MR. WALLACE: I'd just like to refer again briefly to the
whole question of apprenticeship and pre-apprenticeship
and the joint announcement that was made on December 17 by the
Minister of Labour and the Minister of Education (Hon. Mrs.
Dailly). Just to quote from that announcement for a moment:
"The Minister of Labour shall have the function…he'll have
to meet the identified manpower needs by taking prime
responsibility for the development of pre-apprenticeship,
apprenticeship" and several other classes of programmes. I know
there's some apprehension, particularly by the community
colleges in the province, that this is essentially an
educational function which should remain under Education and
should not be diverted or diluted or in any way passed over to
the responsibility of the Department of Labour.
Maybe this is just a philosophical difference which is being expressed rather
than a practical one, and if that's the case we can discuss it on that basis.
But we have heard in previous debates that there was real value — and I certainly
believe there is — that as part of training the student should at least receive
part of the training in the work situation. I understand both from the Minister
of Education herself and from other people in the field that I've talked to
that this is a very worthwhile trend and we can anticipate amendments to the
Public Schools Act like some of the amendments to the Workmen Compensation
Act to make it more feasible for students to participate in a work situation
while they're still essentially students.
I'm sure the Minister well knows that there was great
concern, particularly in the Prince George area, where student
nurses were to be regarded as employees of the hospital rather
than to be students simply in training, on the basis that as
part of their training they were in fact providing a service to
the hospital, which should be paid at a certain rate. I think
this is a very important area. Maybe we're moving in the right
direction, and maybe we're not.
All I can tell from reading the public reaction at the
colleges, and from people like Mr. Galt Wilson, a good
Conservative who was recently displaced as president of the
B.C. Colleges Association, and I wouldn't imply for a moment
that that was anything but the wheel of fortune, Mr. Chairman…At any rate, this does seem to raise the issue very clearly
in the minds of educators as to whether or not the tendency to
ask the Minister of Labour and his department to take this
degree of responsibility and involvement for the content of
training programmes away from the Department of Education. I'm
sure there are good reasons for the Ministers to issue this
joint announcement, but I wonder if the Minister could perhaps
give us some clarification on the motivation behind this.
HON. MR. KING: Mr. Chairman, the Member really asks two
distinct questions. As far as the role of the Department of
Labour and the related role of the Department of Education is
concerned in training programmes, I see no conflict whatsoever,
or no really basic change in the relationship which has existed
over the years. On the joint apprenticeship committees, there
has been liaison between the Department of Labour and the
Department of Education in terms of developing curricula and
choosing instructors to conduct apprenticeship training courses
and so on.
I think it's unquestionably the responsibility of the
Manpower Development Branch of the Department of Labour to
identify the areas of skill shortages and areas of projected
skill needs. This is a service which is relative to collective
bargaining in industry. Therefore, it's a responsibility of the
manpower strategy in the province. I think it's clearly
[ Page 2475 ]
the responsibility to identify the areas of need and to then
go to the colleges through the Department of Education and
co-operate with them in terms of obtaining the facilities
for the training, developing the curriculum and finding the
appropriate instructors. In other words, they are responding
and providing a service to the Department of Labour to fulfil
the needs that we identify in just manpower.
That's roughly the relationship which has existed over the
years. I think what really created the controversy, and quite
frankly a degree of paranoia in some quarters, was this whole
question of the licensed practical nurses being designated by
the Labour Relations Board as employees within the meaning of
the Act, which meant that they were part of the bargaining unit
of the Hospital Employees Union. Now that is a decision that is
made in law by a quasi-judicial agency. I have no comment
to make on the decisions which the board comes down with.
Based on that, of course, the trade union and the hospital
association negotiated a collective agreement, in which was
contained a training programme for licensed practical nurses.
Now, the colleges seem to wrongly assume this was a political
decision; rather it was a legal decision which the trade union
and the hospital association responded to. Our manpower branch,
our Apprenticeship and Industrial Training Branch, is there to
assist in the development of all apprenticeship training
courses.
Of course, subsequent to that, the newly designed Labour
Relations Board has overturned that decision. I understand
there is an appeal pending. So really I'm not at liberty to
comment any further on that problem of the licensed practical
nurses.
Whatever the board decides, we're bound by in law. It's as
simple as that. It's not a political decision to intrude in a
relationship that existed. It's a legal right, initially, which
was established by the union and which has now been reversed by
the board, so pending any appeals, I'm not at liberty to
comment further.
MR. WALLACE: While I realize that the Labour Relations Board
decisions are not to be commented upon by the Minister,
assuming that nothing changed in the present context and the
appeal fails and the situation remains as it is, does the
Minister and his department have any policy regarding
remuneration for Licensed Practical Nurses in the course of
their training, where they're providing a service, whether or
not they are remunerated through the budget of the specific
hospital providing part of their training?
HON. MR. KING: Mr. Chairman, as the Member probably knows,
prior to this government taking over, there was a stipend
provided to licensed practical nursing students by the
Department of Health. The former Minister of Health, the
former
Hon. Ralph Loffmark, chopped off that stipend, so, in
effect, the student practical nurses were in the hospitals as
students, or whatever, for no recompense. That is why,
presumably, the union sought to have them designated as
employees, because they felt that during the course of their
practicum in the hospitals they were, indeed, performing
work.
If the final decision of the Labour Relations Board is that
they are not employees within the meaning of the Act, there is
absolutely no provision under my department to recognize them
as employees and enforce the minimum wage or anything of that
nature. They would not be workers, hence they would not be
entitled to any recompense unless the Minister of Health (Hon.
Mr. Cocke) wanted to consider some special provision.
MR. GARDOM: A quick word to the Minister dealing with the
licensing of auto mechanics, Mr. Chairman. It seems that over
the years in B.C. the mechanics have always called for it, and
the public wish them to be licensed. At one point I even
introduced a private Member's bill, and I hope that didn't
prove to be the kiss of death.
Lloyd Kinneard, who is the representative of those people
with the skills which I'm talking of, has always advocated that
it can be attended to by regulation under the Apprenticeship
and Tradesmen's Qualification Act .
There are no end of arguments for the licensing of
automobile mechanics — to increase the standards, prevent
abuse and so forth and so on. Yet I gather that it has still
not happened in B.C. It has occasioned in other areas. What is
the argument against it here or do you favour their being
licensed?
HON. MR. KING: Mr. Chairman, on this question I recognize
the efforts of Lloyd Kinneard over the years. I have held many
meeting with him and, I think, provided him with every
available forum to make his case.
The department in Vancouver did conduct a hearing at which
time all interested parties were heard and there's by no means
an unanimous opinion on compulsory certification in the
automobile industry. The recommendation which I received as a
result of those public hearings and the representations made
was that we should not grant compulsory certification. I think
the Member asked why….
MR. GARDOM: No, no. I asked when.
HON. MR. KING: Oh, when. Last year. I forget the exact
month, but last year.
MR. GARDOM: Do you know the general results of the
hearing?
[ Page 2476 ]
MR. CHAIRMAN: Order, please. Would the Hon. Member wait to
be recognized so we can get his mike on?
HON. MR. KING: The general results were, for my purposes at
least, a recommendation that compulsory certification not be
granted, but it was based on a variety of considerations. I
think a genuine concern that there were insufficient licensed
mechanics in the province to accommodate the full provision of
mechanics for every area of the province, with the possibility
of grave shortages of licensed personnel in various parts of
the province and the danger of setting up certain monopoly
situations in a variety of areas too.
Vote 132 approved.
On vote 133: labour research and planning branch,
$355,194.
MR. GARDOM: I would like to make some observations
concerning this vote, Mr. Chairman, and also ask the Hon.
Minister a number of questions. In my view, this is, or should
be, one of the most significant votes in his department. Quite
frankly, I'm sorry that the allowance is not considerably
higher than the amount we see. I'm also sorry to not as yet
determine from the Minister his full and total concept of the
labour research and planning in the Province of British
Columbia.
In my view one of the most significant functions of
government should be research into the areas of strikes and
lockouts and the hardships resulting therefrom, and principally
from the point of view of the general public because public
attitudes to strikes and lockouts have changed over the years
but unfortunately the processes have not.
From time immemorial, up and through the industrial
evolution, everything appeared to be slanted in favour of
management. If management acted to the disadvantage of labour
or to the disadvantage of the general public, that was perhaps
too bad because for each of them pretty well their only
recourse was to the law of supply and demand. But that law of
supply and demand performed in former time areas of our
civilization only in the local sense and not in the country
sense as it does now by virtue of the communications explosion
if nothing else. The results of the unlawful disruptions
formerly affected a far lesser number of people than they do
now.
There's no question that the fight by labour for fair return where a fair return
was denied was a very difficult one but I say that labour, backed by public
opinion and accompanied by the rewards and products resulting from technological
change, did overcome and labour has received, as has the bulk of society, good
return and better goods and better services from the combined efforts of labour,
of management and also from an effective use of capital.
On the whole we've seen that there was general benefit to
labour, to management and certainly to the public weal, plus
increased revenues via taxation to all governments for their
social programmes. So, all in all, the trend was good and
everyone was benefiting, but are they benefiting today? I
seriously question that.
I say that judging by the very high and terribly apparent
degree of public discontent, indeed well founded public
discontent, the answer is no, loud and clear. We find
industrial turmoil growing year by year. We find the public
interest is being callously disregarded and I think the general
public are fed up to their eyeballs with being continuously
stomped on.
Now, the views I'm expressing may not win many political
friends or influence many political people, but I would say
that all governments are failing to appreciate that the general
public have had a bellyful of the expense, the hardship and the
inconvenience that is being continuously thrust upon them by
virtue of always being the seemingly powerless and voiceless
odd man out — always bearing so much of the uncalled for
brunt resulting from labour-management disputes.
As I started off on these remarks, I talked about the ever
increasing complexity and interdependency of society and, by
virtue of that, no longer are there just two partners in an
industrial management-labour situation. It used to be
management and labour; no longer. Today there are three:
management, labour, and the general public — certainly in
the industry-wide situations and certainly in the public
sector.
If in those situations management and labour refuse to get
along and they illegally strike or they're illegally locked out
or they fail to bargain in good faith and they don't consult,
confrontation results, illegal stoppages result, and who
suffers? — the general public.
I would say this to the Hon. Minister, if the public is
damaged by illegal acts as a result of the illegality of
management or the illegality of labour or the illegality of
both of them, should not the public themselves be entitled to
some kind of redress? This is what the general public in this
country is starting to clamour for. I think what is needed is
some kind of protections and remedies for public damage.
Now, no government has effectively researched whether there
is a need for these kind of remedies that I'm talking about, or
to what those remedies may be. I would request the Hon.
Minister direct this branch covered by this vote to undertake
that task. For one thing is very, very apparent and certain:
the general public are cheesed-off. A few janitors or
maintenance engineers, call them what you will,
[ Page 2477 ]
closing schools. A few air-traffic controllers and
firemen shutting off air transportation. A few postal clerks
stopping the mail. Where is it going to end?
Are there going to be no public remedies and no public
rights? Damages that result to innocent, law-abiding
third partners from the illegal acts of one or the other of the
partners, or both of them, should be recoverable. I suggest
it's a denial of natural justice to the third partner, if he's
only to be a third partner, to take all of the brickbats.
Should not essential services be better defined, and more
widely defined, to include public ferries, electricity,
telephone service, education? Has not the right to strike or
lockout, by virtue of the tremendous interdependencies of
society today — has that not become, as opposed to a
right, a privilege?
MR. CHAIRMAN: Order, please.
MR. GARDOM: And should not public opinion be solicited for
their…?
MR. CHAIRMAN: I would draw to the attention of the Hon.
Member standing order 61,
part 2: "Speeches in Committee of the
Whole House must be strictly relevant to the item or clause
under consideration."
MR. GARDOM: Well, it's strictly relevant.
MR. CHAIRMAN: I would ask him to confine his remarks to the
vote that we're now debating.
MR. GARDOM: Thank you very much for your guidance, which I
indeed appreciate. They're strictly relevant because I'm asking
the Hon. Minister….
MR. CHAIRMAN: Order, please. This whole matter was canvassed
yesterday.
MR. GARDOM: Mr. Chairman, would you mind reading the vote?
It says "labour research and planning," and I'm asking
to put some labour research and planning into these points.
MR. CHAIRMAN: Order, please. I would point out to the Hon.
Member that he may mention these things, but he must refer them
to….
MR. GARDOM: You want me to report it every time I make a
statement?
MR. CHAIRMAN: Order, please. He is not to recanvass
arguments which have been canvassed previously in vote 129.
MR. GARDOM: Should it not be a function of the labour research and planning
branch to inquire and solicit from the general public their opinions, request
their representation, as to whether or not a right to strike or a right to lockout
has in this day and age become a privilege as posed to a right? Should not the
validity of class actions be investigated by the labour research and planning
branch under vote 133 to enable plaintiffs to sue governments or corporations
or unions, not only on their own behalf but on behalf of the community at large,
for damages resulting from illegal interruption?
Should not this labour research and planning branch
determine the viability or otherwise of having an independent
industrial relations research service outside of this vote,
financed one-third by government, one-third by
labour and one-third by the management — all the
three parts contributing — and have as its job to
fact-find, and make public information that would be
objective and neutral and independent and provide some kind of
proper economic survey and impartial statistics so the public
would better know in any kind of an industrial dispute what the
score actually was as opposed to having continually to face a
bunch of wildly conflicting statistics — and certainly
subjectively oriented statistics — as management and
labour gyrate around the bargaining table?
Should not, under this vote 133, labour research and
planning, the Minister be directing the people involved here to
determine as to whether or not there would be any viability to
the suggestion of having a uniform contract date, with a
specific obligation for all parties to start negotiating at
least six months before expiry?
MR. CHAIRMAN: Order, please. I would point out to the Hon.
Member that I think he's stretching the credibility of the
House by trespassing into areas which have already been
canvassed under the Minister's vote. I would ask the Hon.
Member to confine his remarks strictly to the matter of the
amounts contained in this vote and to the specific duties of
the persons who are listed here, and not to any matters which
they may decide to bring up at a later time.
MR. GARDOM: One never trespasses in the springtime, Mr.
Chairman. Never, never, never, never.
I'm having a great deal of difficulty finishing, and I
assure you I've only got about three or four points more, if
you'll bear with me, Mr. Chairman.
HON. R.M. STRACHAN (Minister of Transport and Communications): Never
mind the rules; go ahead.
MR. GARDOM: Oh, we're getting a lot of chit-chat from
the Minister of Communications.
[ Page 2478 ]
MR. CHAIRMAN: Order, please. Would the Hon. Member continue
and bear in mind the ruling of the Chair?
MR. GARDOM: Well, it's a bit difficult with that
caterwauling across the floor. He's a very disturbing
Minister.
MR. CHAIRMAN: Order, please.
MR. GARDOM: Would you bring him to order?
MR. CHAIRMAN: Order. Would the Hon. Member continue, bearing
in mind the directions of the Chair?
MR. GARDOM: I'd be delighted to do that. In any event, I
would request the Hon. Minister if he would not see fit to
request this labour research and planning branch to determine
the viability or otherwise of having a uniform imposed contract
date to prevent the leapfrogging of statistics one upon the
other. Because what we've got to do is to produce a healthy
economic climate and better stability for all of the people of
B.C. and less in the apples-and-oranges argument
that they've had to face continuously.
Would not this labour research and planning branch be well
spending its time if it investigated into whether or not there
should be an imposition of a public levy or a public tax upon
those who would be responsible for unlawful lockouts or
unlawful strikes so those particular wrongdoers could face a
little more than personal shortfall? Then we'd find that the
governmental or public revenues would at least keep pace, and
at least keep up to date.
I think, in closing, I would commend the Minister also to
request this research and planning branch to look at the
labour-management programme, the labour-management
system in B.C., from a far wider point of view than it has ever
done — I say from an eight-prong point of view:
cost, prices, productivity, markets, standard of living, wages,
profits and public interest. The public are the people who are
continuously being clobbered, and they're very, very tired of
that indeed.
I do feel that there's an opportunity under this particular vote for the Minister
to step forward, as he indicated he was going to do earlier today — as I stated
when I got up a little earlier on — in one of the best statements that we've
heard from a Minister of Labour since I've been a Member of this House…in
his attitudes to better training for people both in labour and in management
and in the processes of arbitration. But I would like to see him demonstrating
the same kind of innovative suggestions, the same kind of innovative ideas,
as he did on that other topic to this one. And I would ask the Hon. Minister
to please answer these questions, which I'm sure he will do if you give him
a chance.
MR. CHAIRMAN: Order, please. All of the matters which the
Hon. Member brought up should have been brought up under vote
129 yesterday when he was absent.
MR. GARDOM: Mr. Chairman, that is absolutely, if I may say
so, on your part, impertinent. This is labour research and
planning. What I'm talking about is labour research and
planning. If the Chair wishes to become editorial, it's not
acting properly in the chair.
MR. CHAIRMAN: The point is well made. The Chairman should
stay in order, and I would request that the Hon. Member stay in
order as well.
HON. MR. KING: I hope the Second Member for
Vancouver–Point Grey didn't have a rough trip over. I
wish he had been here yesterday.
MR. GARDOM: I had the flu.
HON. MR. KING: The Member questions the budget for the
research branch and notes that there is not a significant
increase in the budget for that branch. Really, it's a bit
deceptive again in that last year the labour research branch
was included with the apprenticeship training branch. It's been
separated this year and budgeted for separately. So there is a
considerable and a significant increase. In fact, the staff in
the research end has doubled from 12 to 24 people, I would agree with much of the need that the Member has
identified for investigating new concepts in industrial
relations — perhaps for different reasons than the Member
espoused. Nevertheless, I do think research is crucial to
developing new and better methods of resolving labour disputes
and offering services to the parties. Indeed, I think
management and labour generally would say that they have found
a better service available to them in terms of research
assistance from the Department of Labour, not only in terms of
the publications that are put out, but in terms of specific
projects if they should require assistance from the
department.
The Second Member for Point Grey made much of the need to
look at the public interest and minimize the right of workers
to strike, and he suggested that this might be the subject of a
great deal of research. Perhaps I could suggest that he study
the Woods task force report of a few years ago that was
commissioned by the federal Liberal government. He would find
16 volumes which completely disagreed with and repudiated the
concepts which the Second Member for Point Grey puts forth. So
in that whole area that he mentions, while it is of grave
concern and
[ Page 2479 ]
I agree with him, we constantly have to look for
improvements. I would suggest that the attitudes and the
concepts which he suggests should surround the research has
indeed been researched very, very carefully over the past. As I
mentioned, the Woods task force report dealt very
comprehensively with these questions the Member put forward,
and the results of that research were certainly not conducive
to looking down that road any further.
But generally I agree with the Member. There's a great need.
We intend to beef up this service. We intend to be as
innovative as possible in developing a wide-ranging
research policy in this province, and the Member's attitude is
well taken.
MR. CHAIRMAN: The Second Member for Vancouver–Point
Grey, if he has a further matter.
MR. GARDOM: I beg your pardon?
MR. CHAIRMAN: Would the Hon. Member continue?
MR. GARDOM: Well, I haven't started yet. How can I continue
before I start?
Would the Hon. Minister inform me what programmes are being
undertaken by this labour research and planning branch at the
present time and, secondly, whether or not their results are
made public?
HON. MR. KING: Mr. Chairman, that varies a great deal. I
think the Member can appreciate that some of these projects are
for specific purposes in peculiar circumstances. Labour
relations being a very sensitive area I'm not at liberty to
reveal all the projects we have underway. These might
compromise the success. They might be viewed as a threat to
normal patterns by some of the parties involved. We're
proceeding as rapidly as possible in an attempt to gain the
co-operation of parties and so on to look at different
avenues.
I wouldn't care to discuss them publicly or reveal them to
the House. They're not perhaps major things that should be
highly emphasized; rather they're innovative approaches that
are internal and we hope to make some headway, at which time I
would be glad to discuss them.
MR. GARDOM: Is there a responsibility on the Hon. Minister
in his annual report to present a complete report of the
activities of this research and planning branch and what it's
done? Otherwise, it really just becomes an instrument of
government to determine whether or not the research is
effective, ineffective or will be utilized, and the general
public are deprived of the results and the opinions that might
emanate from this expensive procedure.
HON. MR. KING: Well, the Member raises one question and then
switches back to another. The research branch has quite a
number of basic functions which are contained in the annual
report. The basic service is the analysis of collective
agreements, which is a very valuable service to the parties to
collective bargaining — wage analysis, emerging and
different trends in contract negotiations, pensions and that
type of thing; the whole question of job evaluations —
how we handle that; the question of new technology —
technological effect on work forces, and the whole variety of
functions which the research branch normally conducts and makes
available, not only to the parties but the public also if they
are interested.
When the Member talks about innovative things, I agree that
we have to do more of this. But I don't think you really get at
those kinds of issues by highlighting and publicizing some
grand venture which will probably minimize the chances of
success by putting pressures on the parties involved to the
extent that they might not be able to co-operate as fully
as they would have otherwise.
What I'm suggesting is that we intend to use the branch in a
low-profile way to try to set up better relationships in
a given industry where it's a relationship between a union and
an employer — perhaps to be able to be prepared to
innovate and stray even from the hard terms of the collective
agreement of a little bit more if they have that kind of
confidential access to sophisticated research.
I don't think we should seek to jeopardize that kind of
low-profile co-operation by highlighting it
publicly — at this point anyway.
MR. GARDOM: Does not the Hon. Minister think that it would
be very much in the public interest, since this seems to be the
statistic branch? Am I correct in that?
HON. MR. KING: Statistic branch.
MR. GARDOM: All right, it's certainly more than statistics,
but it's also the statistic branch. When we get into these
newspaper advertisement campaigns, which are almost warfare
campaigns between management and labour, and you have these
wildly conflicting statistics, would it not be in the public
interest on the third page to have this independent body that I
suggested — or if you like, under this particular branch
— publish what they consider to be the relevant
criteria?
HON. MR. KING: Well, I would certainly consider that if both
parties agreed. Otherwise, as my hon. legal friend on the
opposite side appreciates, it would place the Department of
Labour squarely in conflict with claims, whether they're
political or valid, made
[ Page 2480 ]
by certain of the parties. I don't think that the Department
of Labour should become involved in an adversary role with
management or labour. That would, I think, be the inevitable
result if contradictory reports were issued by our
department.
MR. GARDOM: Well, it obviously might be contradictory to
each side, Mr. Minister. But if you have a statistic that is
black and is wrong, and you have a statistic that is white and
is allegedly correct, and the correct one is grey, right in the
middle, I think it would be a proper government function to
inform the general public of that.
MR. WALLACE: That suggestion might finish up red, white and
blue. But seriously, Mr. Chairman, I just have a little
apprehension that the research department doesn't seem to
follow the definition of what research is all about. Research
is to find newer ways and better ways.
While we're agreed that there must be statistical collection
of data, I hope the research department isn't just a bunch of
more clerks, or more bureaucrats going around simply collating
facts, figures and statistics which really do very little to
tell us the motivation behind people which leads to
labour-management problems. Surely research is to find
out in this field, as it is, say, in medicine, things we don't
already know and to probe and carry out experiments.
It was to me a little disturbing that the Minister said that
some of the research going on relates to somewhat peculiar
circumstances. My
interpretation of that is that he's dealing
with minority situations or problems which are not the general
run-of-the-mill problems. I may be wrong; the
Minister is shaking his head. "More peculiar circumstances" was
the phrase he used.
Now the problem in labour management is tedious and
repetitive like a lot of our speeches. It seems to be the same
problems arising time and time again, regardless of taking any
cognizance of the changing society in which we live. Some of
the points which the Second Member for Vancouver–Point
Grey (Mr. Gardom) mentioned…. I don't propose to recycle
them.
Nevertheless, I think the people of this province and the
people of Canada are desperately seeking research in the hope
that things are going on in this labour-management field
which we don't understand and which, with more intensive study
and research, we might begin at least to understand in part.
It's the completely senseless nature of many of the problems,
or the degree to which the dispute goes beyond reasonable
bounds — and then a whole lot of innocent people
suffer.
I'm sure that the research should surely be based on finding new methods or
even new attitudes or new approaches to the problem, even if a year from now
you come and tell us that your new attitudes didn't work at all. At least I'd
be happier knowing that at least every year or every two years there is some
new, definitive programme of research carried out. I just, with respect, Mr.
Chairman, feel that we've not had a specific enough answer by the Minister as
to what this department actually does, and the nature of the programmes.
Now the Minister says that in some instances it would be
against the public interest, or against the interest of
parties, to know what kind of research is being carried out.
Surely there must be some of the programming. We're doubling
the staff from 12 to 24 — and I think that's good. But
I'd like to know in some kind of detail what level and what
specific kind of functions are these new 12 staff or the whole
24 staff going to be doing.
For example, Mr. Chairman, there's one item, 035, described
as a shared research programme, which goes up from $25,000 to
$100,000. Surely the House is entitled to some kind of —
not a complete breakdown perhaps — but some kind of
specific detail as to what we mean by a shared research
programme, and why it is to be four times the cost this year
compared to last year.
We also have this fact again of printing and publications.
It seems to be an item along with travelling expenses.
Travelling expenses are doubled. Right through this Minister's
series of votes there are these items, and yet we don't get
enough specific explanation of the actual programmes which this
department is to be embarking upon. I think the Second Member
for Vancouver–Point Grey raised many valid points, and I
don't want to repeat them, but could — the Minister now
tell us a little more specifically what this department's
doing?
The Members do not seem to be familiar with the basic
research which this branch conducts throughout the year. Each
month the research bulletin comes out; it is quite a voluminous
document. I'll read the table of contents so the Members may be
better apprised of the kind of functional work that the
research branch does on a constant basis.
Requests for research bulletin readers.
British Columbia labour force review.
Analysis of union membership.
Labour disputes in British Columbia (the number of disputes
and the area or sector of the industry they are in).
The consumer price index.
Wages under collective bargaining in Canada.
Major collective agreements expiring in this current month
— March, 1974.
Report of the Mediation Services Branch.
Arbitration awards.
Contract settlements in British Columbia.
[ Page 2481 ]
[Mr. Gabelmann in the chair.]
HON. MR. KING: This is the kind of basic information which I
think you can appreciate, with our work force and our degree of
unionization, contains a great deal of statistical information
that is very valuable not only in terms of collective
bargaining but in terms of organization of the work force, in
terms of making all parties familiar with new trends in
bargaining, and so on.
This is a very, very important and basic type of information
that is made available in the province. We have had quite a
reorganization of the department. Perhaps Members can
appreciate that the old Labour Relations Board is now in
Vancouver; we need additional research to complement their
needs. Certainly, this kind of thing has put more weight and
responsibility on our research officers, so they have a
broadened area in terms of the kind of information they are
getting out — board decisions, this kind of thing.
I would just like to comment a bit further that both the
manpower and industrial relations branch of the department
require a great deal of research. I think Members on occasion
tend to identify and isolate this whole conflict area of
industrial relations rather than viewing in totality the whole
sphere. Surely we can't have harmony in the labour force unless
we pay attention to adequate training, adequate mobility and
adequate replacement of people displaced by new technology.
This whole scope is essential if we are to give the working
people of this province a feeling of greater security and
perhaps less reason for conflict and animosity when they go to
the bargaining table.
As you know, the manpower development branch is concerned
with setting up a cohesive strategy of manpower of this
province. I mentioned that earlier in my remarks. This involves
hard research. I think when we start offering this kind of
effective service to the workers, we are going to have workers
who are more content, more secure. These are the kind of
psychological aspects that affect the attitude of trade unions
and their membership when they go to the bargaining table.
It is a very broad spectrum of interests. But I don't want the Members to get
hung up on this comment I made, which was a bit of an off-the-cuff comment,
about special projects. I did not mean "peculiar" in the sense of being some
unusual occurrence; I meant a situation that is peculiar to a certain industry
— a dispute. It may be a common kind of dispute but it is peculiar to one industry.
If that industry agrees, "Look, we need help," and the facilities of our collective
bargaining structure are not adequate to resolve this difference, then does
it not make sense to say to those parties we will send in a research officer,
we will send in a mediator, whatever is required — any service from the Department
of Labour that might help them to find a better way? My suggestion to the opposition
Members is that if I should feel obliged to identify and reveal every one of
those situations to the House immediately, I could possibly jeopardize the chance
of any real co-operation taking place.
So I just mention that in passing. That is the kind of
service I think all members would agree with. Surely that
should be our function: to deal with specific disputes and try
to dampen them down so that we reduce the incidence of work
stoppages and conflicts in the economy of British Columbia.
MR. D.M. PHILLIPS (South Peace River): I would just like to
ask the Minister how far afield his studies and research are
going to find another method of settling strikes in the public
sector? I am talking about strikes which have been talked about
before this afternoon where the general well-being of the
public is affected.
There are jurisdictions in this world of ours where there
are relatively no labour problems at all. I would like to know
how far a field the Minister's research is going. People of
this province and the people of Canada are sick and tired of
strikes which affect them, where a very few people can disrupt
the entire economy and well-being of the general,
ordinary person on the street. I think if this government is
going to make progress in the field of labour, their research
must go further a field.
I would like to know just how much research is being done in
other jurisdictions.
HON. MR. KING: A great deal of research is going on. I would
point out that a new approach essentially has been taken; all
Members of this House voted for that new approach last year.
Let's give it a chance to work. We are certainly getting
involved in the broadest kind of research conceivable.
MR. PHILLIPS: I certainly took the attitude that this new
approach by the Minister should work and I was quite prepared
to sit back and hope that it would work. But then yesterday
afternoon I must say I was very, very disappointed when I found
out that the same government which was going to take this new
approach was bringing in strikebreaking tactics in this
province. That is exactly what they were when the Provincial
Secretary made his announcement that the government was finding
another way of having cheques delivered. This in essence cut
the feet right out from under the mail delivery people in this
province. I don't think that if you are going to take that
attitude it is a new approach at all.
To laugh and scoff and say that wasn't a strikebreaking
tactic is utterly stupid. It certainly was. If this is going to
be your attitude, you are not going to
[ Page 2482 ]
make any progress. If this is the type of thinking you have,
you are talking out of both sides of your mouth.
If you are honest and sincere, you would go and look at
other jurisdictions where there are relatively few problems
within the field of labour. But I think that the action this
government has taken is utterly not acceptable. Just because it
happened to be a federal labour union that was involved…. I
realize that people on welfare, Mincome, insurance cheques, et
cetera, have to be delivered. But that points back to the
complete idiocy of strikes in the first place in the public
sector where they affect all of these people. There has to be
another way.
You say that you don't believe in compulsory arbitration.
Yet the school teachers of this province have accepted it for
years and I don't think they are so badly off.
What countries are you researching in? What jurisdictions
and how many people have you sent out to do studies on this?
What is going on?
Vote 133 approved.
On vote 134: Labour Relations Board, $706,000.
MR. CHABOT: This is a vote in which we vote the money to get
the new Labour Code of British Columbia functioning under the
Labour Relations Board. It is a drastic increase from $140,000
to $706,000 — six times as much money. I hope we have six
times as much success as well.
Now, looking at the specifics of this vote, I find the
chairman gets a salary of $39,000, the vice chairman gets
$38,000, and two other vice chairmen get $33,000. Then lumped
in under $373,000, again one of those omnibus votes. It says,
"board members, senior and clerical staff, including temporary
assistance." That probably covers a multitude of things which
don't appear on the surface. I would imagine the other seven
members of the board will be paid under that vote of $373,000.
1 was wondering just generally what the salary range is for the
seven members.
I look at the vote on office furniture and equipment and
find there is $5,000 allocated. I find it is the smallest vote
in these various estimates you have for office furniture and
equipment with exception of the office of the Minister. They
are establishing new offices, I understand, for the new Labour
Relations Board.
With 10 members plus staff that is certainly going to cost more than $5,000,
I would think, for office equipment — $5,000 wouldn't even buy the desk for
the Minister of Human Resources. What do you expect to buy for the kind of offices
you're setting up for the Labour Relations Board with $5,000? Where is that
money coming from that you're going to equip these new offices with? Is it coming
out of that $373,000 which appears to be clerical staff, including temporary
assistance, as well as some of the salaries of the board members? What else
comes out of that $373,000, I wonder?
We see the salaries here of the Labour Relations Board
members. We see they have $50,000 travelling expenses up from
$9,600. Beyond the realm of travelling expenses, there must be
fringe benefits attached to their salaries. I posed this
question yesterday without receiving a reply from the Minister
and I thought I'd wait for the appropriate vote. I'm a patient
man and I waited for the appropriate vote. It seems we're now
on that vote. I'll ask the Minister if he could give me some
idea as to what kind of fringe benefits. We know there's a
$39,000-a-year salary for the chairman; we know he
and the other board members have $50,000 to travel. But there
must be some fringe benefits attached to the position and, if
so, what are these fringe benefits?
HON. MR. KING: They are the normal benefits customary in
that kind of a contractual relationship with the
government.
The queries the Member makes regarding the low furniture
provision for the new building that houses the Labour Relation
Board is understandable. The building was developed and
furnished by the Public Works department as a government office
so that we simply had to acquire what additional furniture was
necessary for the Department of Labour's needs. Generally, it
was furnished and equipped.
Interjection.
HON. MR. KING: Yes, Burnaby and Kingsway. No, I beg your
pardon, that's the West 8th Avenue facility rather than the
Burnaby one. So that results in the low amount for the
furniture supply.
The question of the travelling expenses. The board now sits
in panels and may travel as panels to adjudicate applications
and so on throughout the province. This means the board is not
firmly entrenched in the Vancouver or Victoria area, with the
subsequent cost accruing to trade unions and management groups
to always travel to that major centre. The board panels may
travel to various Interior centres: Golden, Cranbrook,
Invermere even, and give service to the working people up in
that area of the province.
MR. CHABOT: The Public Works department looks after the
building. I'm wondering, is that a public building or is that a
leased building?
HON. MR. KING: I believe it's a leased building, Mr. Member.
I'm not certain of that at the moment.
[ Page 2483 ]
MR. CHABOT: Well, I guess it would be unfair for me to ask
you what the lease rate is because it's not your
department.
HON. MR. KING: It might be fair but I couldn't tell you.
MR. CHABOT: You say the fringe benefits attached to the
five-year contract you have with the heads of the Labour
Relations Board are normal benefits with government, normal
type of benefits. What are these normal type of benefits? Do
these people have a chauffeur-driven car? Do they have a
government vehicle? Do they have a leased vehicle? What kind of
normal situation are you talking about? What is their
condition? Do they have the automobiles provided to them?
If they have these things, where do they come from? Do they
come out of this $373,000 which talks about senior and clerical
staff and temporary assistance? There must be some vote from
which these fringe benefits come. Could you give me some idea
as to what the fringe benefits really constitute? You say
normal. What kind of dollars are we talking about regarding the
fringe benefits of these people we have under contract for
five-year terms? What kind of dollars per year do these
fringe benefits cost the taxpayers of British Columbia?
HON. MR. KING: It's not a greatly significant amount. There
are some leased cars involved. I want to assure the Member
that there are no chauffeur-driven automobiles or there
are no shares in the company arrangement for the people. But
there are normal leased vehicles for, I believe, three of the
members of the board, the chairman to the vice-chairman.
Presumably there will be another one for the fourth
vice-chairman who is off at the moment recuperating.
MR. CHABOT: Do you have some idea as to what the costs of
these leased vehicles are to this vote and where it appears in
this vote? Does it come under that $373,000?
HON. MR. KING: No, it comes out of the $50,000 travelling
expenses. I believe the vehicles cost on the lease basis in the
neighbourhood $105 a month.
MR. CHABOT: Each vehicle?
HON. MR. KING: Yes.
MR. R.H. McCLELLAND (Langley): I'm just a little concerned about a question
raised a couple of times in the House about secrecy with regard to the Labour
Relations Board. I had a complaint the other day from some people in the Grand
Forks area. Perhaps I could pass along that complaint to the Minister at this
time and he could tell me whether or not he considers an investigation with
regard to the secrecy of the board should be carried out or at least some new
regulations laid down.
[Mr. Dent in the chair.]
Mr., Chairman, I understand that this problem occurred at a
company called Davidoff Logging in Grand Forks. Sixteen
employees of the company voted for certification. It was a
close vote; it was narrowly voted to certify. It wasn't a
supervised vote incidentally. But later on, because of some
irregularities, I'm told, in the vote and the consequences
surrounding the vote, three of those members sent letters to
the Labour Relations Board telling them that they had changed
their minds, they would like to have another vote, and they
weren't given all of the information they felt was necessary in
that vote. Incidentally, those three votes would have made a
difference in whether or not the company was certified.
Subsequent to that, the certification was okayed. At the
next meeting of the union local in that area, the information
I'm given is that those letters which were sent to the Labour
Relations Board were read aloud to the members at that local
union meeting and used to embarrass those three dissidents into
signing up with the union.
The question I'd like to ask is how did the local union ever
get a hold of those letters which were sent to the Labour
Rela