Thank you. Good afternoon. Thank you very much for having me here.
I'd like to congratulate the committee for doing this work. I think it's very important. I'd also like to express my gratitude for your work in Parliament on all fronts.
My name is Brian Dijkema. I'm the program director for the work and economics research project at Cardus, which is a think tank. We're a public policy think tank that has a long history of studying construction, particularly the role of labour in construction. Out of that research I'd like to make two basic points with my time today.
The first is that open tendering and closed tendering should not be considered equivalent to non-union and union construction. The sector is much more complex than that. The realities on the ground are much more complex than the strict binary model presented by many people. Second, the competitiveness and the health of the construction industry depend on an open and fair tendering process. This is not only for democratic reasons—because it's a basic democratic issue—but for economic innovation in a sector that Canada is increasingly relying upon for infrastructure in municipalities across the country, and also for other reasons such as responsible resource development.
On the first point, Cardus has several research publications charting the construction industry in Canada's economy from the 1970s to the present. One of the most profound changes during that time is the changing face of the way labour has interacted with construction owners, purchasers, and buyers. The construction industry labour force is unique, because the large-scale projects involved in infrastructure create cyclical demands for a highly skilled workforce. There was a time when only one type of union—the traditional building trades unions, the craft unions—were able to provide and manage those labour cycles and demands. Today that is no longer true. Today a variety of labour pools exist and work effectively in the industry across the country in most places. Many Canadian jurisdictions now have a competitive labour pool on the ground, but public policy is not yet developed to recognize this reality.
In 2003, we produced a paper called, “Competitively Working in Tomorrow’s Construction”, which noted the diverse character of the workforce. Far from construction being neatly divided between non-union and union shops, we noted that there are at least seven different ways to organize the construction workforce. There was, of course, the traditional building trades craft union. There were unions that had multiple crafts within one building trades union. There were craft unions that had expanded their jurisdictions via multiskilled tradespersons. There was the movement of maintenance unions into construction work. There was the development of industrial unions, such as the CEP, taking on construction work, so industrial unions taking on construction work that would not traditionally have been part of their jurisdiction. There was the development of alternative unions such as CLAC and others, and there were various unions organizing under project agreements.
The binary presumption that work in construction is either union or non-union is not an accurate portrayal of what's happening on the ground in the construction sector. This is an important shift. These different organizing models, these ways of organizing the workforce and how they adapt to openness or restrictions across the spectrum, will determine how this industry succeeds or fails in the medium term.
In 2005, Cardus organized a “Stepping Forward” conference in Calgary that brought together the full range of employer and labour organizations involved in this sector. The conference was co-sponsored by the building trades, Merit, CLAC, CLRA, and PCAC—all of whom came together to discuss the various challenges facing the industry. The conference and report addressed a range of issues including labour supply, apprenticeship training, and quality of life as it applied to working models in the sector.
It's important to note that not only is there diversity within the sector itself in the construction workforce, but that the construction workforce, and therefore the construction sector, is increasingly national in scope. We conducted two studies for the Construction Sector Council called, “Working Mobile” and “Working Local”, in which we surveyed construction workers regarding the motivations and obstacles they faced working in different jurisdictions, for instance, Newfoundlanders working in Fort McMurray or something along those lines. We looked at why they made those choices, some of the obstacles to that, and the benefits and drawbacks for the sector. It became clear that there are a variety of barriers for workers to move across jurisdictions. We've dealt with that elsewhere, too.
In 2008, at a presentation at the Economic Club of Canada, my colleague Ray Pennings highlighted some of the economic dimensions of the challenge posed by the gap between policy and realities on the ground. The paper entitled “Why is Construction so Expensive in Ontario?” highlighted the fact that Ontario's labour relations regime has virtually ignored the development of new models of organizing labour, which are more prevalent in western Canada and are increasingly prevalent in other places in the country.
This leads to my second point. In Ontario—but also across the country—closed tendering practices are a key example of the lag between policy and reality on the ground. Canada's construction organizing laws need to catch up to the better options available today, or at least to the multiple options available today. This will greatly help our economy as public procurement budgets rise and rise, and as more and more money is needed, as my colleagues pointed out here. But it will also bolster our democracy as Canadian workers are looking for a freedom of choice that moves beyond the choices offered to them in the past.
Economically speaking, our Cardus construction competitiveness monitor has found that restrictive bidding adds up to a surcharge for public purchasers ranging from 2%, if you accept the model used by the City of Toronto and most frequently cited by representatives of those who tend to be beneficiaries of restrictive bidding, i.e., the building trade unions, to the City of Hamilton's estimate of 40%, which was provided to it by consultants and also confirmed in the city's report on the issue of closed tendering when it became subject to closed tendering.
Stephen Bauld, who has authored legal texts on public procurement produced by LexisNexis, suggests that not only is the matter relevant in terms of who is eligible to bid and the cost strictures under which they operate, but that the number of bidders has an impact on the price. Bauld's research and much other research by economists suggest that cost decreases range from 20% to 25% as the number of bidders rises from two to 15. Bauld suggests three reasons for greater competition in construction bidding, and I quote here:
First, as the number of bidders increases, each participant in the process has an incentive to offer a better price, because it becomes harder for the bidders participating in the process to anticipate each other’s behaviour. Second, a higher number of bids can increase the chance of receiving a bid from a party who will place a high value on securing the contract. Such a party is likely to offer the most competitive price. Third, an increase in the number of bids makes it more difficult for the bidders to organize on a collusive basis.
In short, closed bidding costs our public budgets immensely.
But there is a more fundamental argument, which is a democratic one. Disqualifying potential bidders from public works because of choices they make or workers make as private citizens runs contrary to Canadian principles. Closed tendering not only costs taxpayers more money, but it embeds one particular labour model to the detriment of other worker organizations and to the detriment of workers' choice. In short, it squelches the tremendous innovation and diversity taking place within the sector on the ground.
Workers should be free to choose between these competing models of labour organizations without being arbitrarily disqualified from public works because of their choice as private citizens. The public should also be able to benefit from the innovations that are taking place within these competitive pools by seeing the full range of qualified labour models competing for public work paid for by public dollars.
There is an ancient principle of governance that says, “What touches all must be approved by all”. I would suggest to this committee and to the government that a similar principle should be applied to the tendering of publicly funded infrastructure projects. That which is funded by all should be accessible to all. In other words, open tendering is about fairness. In a free and democratic society, there should be no restrictions that limit otherwise qualified companies from bidding on publicly funded work because of the private affiliation of their employees. It's simply not fair.
I submit to this committee that the onus should not be placed on those asking for public tenders to be open to all Canadians, but the onus should be on those who wish to close public tenders to a select group, whoever that group might be. What public policy goal is served when bidding is restricted? I've not yet found out.
This is not simply a municipal or provincial issue. It's a national issue. Significant amounts of federal funding are subject to closed bidding, including $263 million in Ontario alone, according to our review of federal infrastructure expenditures. Union Station in Toronto—most of us have had a chance to visit that—and the Pan Am Games stadium in Hamilton, my town, are two of the more high-profile examples of federal funds being restricted.
In Manitoba, the Red River floodway expansion project and the East Side Road project are subject to project labour agreements with certain unions, which effectively bar companies affiliated with other unions and non-union companies from bidding on public infrastructure projects under the labour relations model chosen by their employees. These projects have received $324 million of federal funding and a significant portion of this work has been subject to restrictive project agreements. So it is a national issue.
British Columbia, too, has their law structured in a manner that allows restricted worker choice and reduced competition. Unions there—whatever union or any group—may apply to the minister for the right to bargain collectively and enter into project collective agreements for the duration of major projects. This effectively allows a given union or labour pool to petition the minister for exclusive rights on major projects. This politicizes public works in unhelpful ways.
We recognize that there are significant interests at play in this discussion. My colleague Ray Pennings noted in our 2003 “Competitively Working” paper that, “Given the significant dollars, organizational reputations, and market shares at stake for the various companies, unions, and associations involved in Canadian industrial construction, sorting through the spin is an inevitable necessity for any publicly held discussion about labour relations” and the role of infrastructure funding.
Governments have a significant task to sort through the spin and recognize that open tendering is a strategic concern for the country. It is connected to the heart of the country's jobs and training program, a program that has been laid out by this government. It will help engage diverse communities such as aboriginals. Open tendering will assist responsible resource extraction and it will ensure that Canada's infrastructure deficit is brought back to surplus in an affordable and fair manner, combined with increased funding.
This is a question of whether we're going to live up to our reputation as a country that recognizes diversity, encourages innovation, and promotes excellence. As such, we have three recommendations.
The first is that a study be commissioned to examine the cost savings that the federal government stands to gain from open tendering or making open tendering a requirement.
The second is that the government make reception of federal infrastructure funds conditional on opening public tenders to all qualified bidders regardless of the labour affiliation of their employees, except in jurisdictions that are prevented by provincial law from doing so. Places where it's a voluntary signing on to a project labour agreement that would close bidders out should not receive federal funding. Jurisdictions that are currently handcuffed by that because of provincial labour law should still be eligible.
The third is that the government initiate meetings with provincial counterparts to determine ways to ensure fair, open, and transparent bidding on projects receiving federal funds with a particular emphasis on removing barriers to multiple labour pools.
Thanks for your attention. I welcome your questions.