There are a few proposed changes to the BC Labour Relations Code which may be in effect as early as the end of this month.
A link to the changes is provided for below.
A quick summary of the key changes are:
- Picketing – replaces the definition with language that expressly excludes leafletting. This likely just puts in writing what case law has already determined
- Unfair labour practice – removes exception for right of employer to express its views from prohibited interference with formation or administration of trade union
- Communication – removes right of employer to express views, and replaces with right to communicate statement of fact or opinion reasonably held
- Unfair labour practice remedy – allows for remedial certification where considered just and equitable
- Certification vote – to be held within 5 days of application, instead of 10
- New union – may seek end to collective agreement if 2 years or more left on term
- Decertification – application cannot be brought until 12 months from certification
- Contract for services successorship – retroactive to May 1 makes any future contractor bound by certification and collective agreement
- Freeze – extends statutory freeze prohibiting change to terms of employment to 12 months after certification from 4 months
- Penalty – increases potential penalties against individuals or companies to $5000 or $50000 respectively
Bill 30 – Labour Relations Code Amendment Act, 2019 had its First Reading on April 30. Expandable 'Explanatory notes' are provided within this First Reading version of the bill.
News release:
Ministry of Labour news release, "Restoring fairness and stability to British Columbia's worksites" (April 30, 2019):
"Greater protections for workers, job security, labour rights and stability for employers are the focus of amendments to the Labour Relations Code."
Backgrounder:
A Backgrounder on "Labour Relations Code amendments" is provided at the end of the news release.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.