| BRITISH COLUMBIA | Labour Relations Code, RSBC 1996, c 244 |
| Certification/De-certification | Certification Where a collective agreement is not in force, a trade union claiming to have as members in good standing not less than 45% of the employees in that unit may at any time apply to the board to be certified for the unit 18(1) Unless the board consents, a trade union is not permitted to make an application for certification during a strike or lockout 18(3) Board must be satisfied, before certification, that when a trade union applies for certification as the bargaining agent for a unit, that the unit is appropriate for collective bargaining and may include or exclude employees from the unit 22(1) Where an application is received and the board is satisfied that at least 45% of the employees in the unit are members in good standing of the trade union, the board must order that a representation vote be taken among the employees in that unit 24(1) The board may direct that another representation vote be held if less than 55% of the employees in the unit cast ballots 24(3) If after a representation vote is taken, the board is satisfied that (a) the majority of votes favour representation by the trade union, and (b) the unit is appropriate for collective bargaining, the board must certify the trade union as the bargaining agent for the unit 25(2) If, following a representation vote, the board is satisfied that (a) a majority of the votes are not in favour and (b) that the unit is not appropriate for collective bargaining, the trade union may not be certified as bargaining agent for the unit 25(3) De-certification (Revocation of bargaining rights) If, after undertaking any investigation it deems necessary, the board is satisfied that the trade union has ceased to be a trade union, or that the employer has ceased to be the employer of the employees in the unit, it may cancel certification 33(1) Where 45% or more of employees of the unit sign an application for cancellation of certification, the board must order a representation vote to be held within 10 days 33(2)
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| Collective Bargaining Rules | Notice must be given in order to
commence collective bargaining 45(1) Where notice has been given, the employer or trade union must not alter any term or condition of employment until (a) a strike or lockout has commenced, (b) a new collective agreement has been negotiated, or (c) the right of the trade union to represent the employees has be terminated 45(2) Once notice is given, the parties must, within 10 days of the date of the notice, begin to bargain collectively in good faith, and make every reasonable effort to conclude a collective agreement or a renewal or revision thereof 47 A collective agreement is binding on (a) a trade union that has entered into it, and every employee of an employer who has entered into it and who is included or affected by it, and (b) an employer who has entered into it 48 Terms of a collective agreement must be carried out 49 Agreements made for less than one year must be deemed to have a term of one year from the commencement date, and must not be terminated before the expiry of the one year term 50(1) If an agreement is for more than one year, then after 8 months, either party may apply to the minister for leave to have it terminated at the conclusion of one year 50(2) All parties to a collective agreement must, within 30 days of its execution, file a copy of it with the board 51 Either party may apply to have a mediator assigned to assist the parties in negotiating a first collective agreement 55(1) Every collective agreement must provide that there will be no strikes or lockouts during the term of the agreement; must contain the provision: "There must be no strikes or lockouts so long as this agreement continues to operate." 58 |
| Dispute Resolution in Collective Agreements | Arbitration Every collective agreement must have a provision governing dismissal or discipline of an employee bound by it 84(1) Every collective agreement must contain a provision for final and conclusive settlement without stoppage of work, by arbitration or another method agreed to by the parties 84(2) The minister may modify an arbitration provision where, at the request of one of the parties, it is examined and deemed unsuitable 85 Where the parties fail to appoint an arbitration board, the director shall appoint one 86 Either party may, within 45 days of the completion of the steps of the grievance procedure contained in their agreement, may request a director to appoint a settlement officer to confer with the parties and assist them to settle the difference 87(1) Arbitration boards have, where appointed, the authority necessary to provide a final and conclusive settlement of a dispute arising under a collective agreement 89 Parties may appeal the decision of an arbitration board to the Labour Relations Board, which may set aside, remit, and stay the proceedings of an arbitration board hearing or decision, on the ground that (a) a party has been or is likely to be denied a fair hearing or, (b) the decision of the arbitration board is inconsistent with the principles implied or expressed in the Code or another Act dealing with labour relations 99 |
| Conciliation | Mediation A mediation officer may be appointed where (a) notice has been given to commence collective bargaining, (b) either party requests, in writing, that a mediator be so assigned, and (c) the request is accompanied by a statement of the matters the parties have and have not agreed to in the course of collective bargaining 74(1) Minister may appoint a mediator at any time during process of collective bargaining 74(4) Parties conferring with a mediation officer must provide the information requested of them by the mediation officer 74(6) Minister may appoint a special mediator to assist the parties in settling the terms and conditions of a collective agreement or a renewal or revision thereof 76(1) Associate chair may appoint a fact finder in respect of a collective bargaining 77(1); fact finder confers with the parties and inquires into the matters agreed and those that remain in dispute for the purposes of a report to the associate chair 77(4) |
| Strike / Lock-out Procedures | If a strike or lockout has commenced,
the trade union or employer commencing the strike or lockout must
immediately inform the chair in writing specifying the date the
strike or lockout commenced 75(1) Before a strike or lockout is commenced, the employer of the employees may request a vote of the employees with respect to the last offer tendered 78(1) Before a strike or lockout is commenced, the trade union may, if more than one employer is represented, request that a vote of those employers be taken with respect to the last offer tendered 78(2) Strikes and lockouts are prohibited during the term of a collective agreement 57 Strikes and lockouts are prohibited before bargaining has taken place and a vote has been conducted 59 A strike must not commence until a vote to strike has been taken, and written notice has been provided to both of the employer and the board 60 A lockout must not commence until a vote to lock out has been taken, and written notice has been provided to both the trade union of the employees and the board 61 A trade union or its members which are lawfully on strike or locked out may picket at or near a site or place where a member of a trade union performs work under the control or direction of the employer if the work is an integral and substantial part of the employer's operation and the site is that of the lawful strike or lockout 65(3) The board may define the site or place at which picketing is permitted 65(6) Picketing may be conducted only as permitted herein 67 Employers may not, during an authorized strike or lockout, make use of replacement workers 68 Employer must not require any person who works at a place in respect of which the strike or lockout is taking place to perform any work of an employee in the bargaining unit that is on strike or is locked out without the consent of the person 68(2) |
| Unfair Labour Practices | Employers and their agents must not
participate in or interfere with the formation, selection or
administration of a trade union or contribute financial or other
support to it 6(1) 6(3) Employers must not:
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| Statutory Tribunal | Labour Relations Board 140 Powers:
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