What is the effect of union representation in the context of a Hydro-Electric Board tender?
British Columbia, Canada
The following excerpt is from Independent Contractors and Businesses Association v British Columbia (Transportation and Infrastructure), 2019 BCSC 1201 (CanLII):
Of particular relevance to the issues raised in the applications before me is the decision in Millen v. Hydro-Electric Board (Man), 2015 MBQB 91, affd. 2016 MBCA 56. The facts in Millen bear a strong similarity to the facts in the matter before me. As in the matter before, the tender documents in Millen required contractors to agree to be bound by one of two pre-arranged collective agreements. Further, as in the matter before me, the effect of the tender documents and the collective agreements was to require workers to join and pay dues to one of the unions. These facts are set out in para. 2 of the chambers judgment:
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