LABOUR CODE SUMMARY

Part A

British Columbia Labour Relations Code

[RSBC 1996] CHAPTER 244

Acquisition of bargaining rights

18 (1) If a collective agreement is not in force and a trade union is not certified as bargaining agent for a unit appropriate for collective bargaining, 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, subject to the regulations, apply to the board to be certified for the unit.

Certification

23 If the board is satisfied that

(a) on the date the board receives an application for certification under this Part at least 55% of the employees in the unit are members in good standing of 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 employees in the unit.

Representation vote ordered by board

24 (0.1) For the purpose of determining whether the employees in an appropriate bargaining unit wish to have a particular trade union represent them as their bargaining agent, the board may order that a representation vote be taken, in accordance with the regulations, among the employees in the unit.

(1) If the board receives an application for certification under this Part and the board is satisfied that on the date the board receives the application at least 45% but less than 55% 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.

(2) A representation vote under subsection (1) must be conducted within 5 business days from the date the board receives the application for certification or, if the vote is to be conducted by mail, within a longer period the board orders.

Unfair labour practices

6 (1) An employer or a person acting on behalf of an employer must not participate in or interfere with the formation, selection or administration of a trade union or contribute financial or other support to it.

Limitation on activities of trade unions

7 (1) Except with the employer’s consent, a trade union or person acting on its behalf must not attempt, at the employer’s place of employment during working hours, to persuade an employee of the employer to join or not join a trade union.

(2) If employees reside on their employer’s property or on property to which the employer or another person has the right to control access or entry, the employer or other person must on the board’s direction permit a representative authorized in writing by a trade union to enter the property to attempt to persuade the employees to join a trade union and, if the trade union acquires bargaining rights, after that to enter the property to conduct business of the trade union.

Right to communicate

8 Nothing in this Code deprives a person of the freedom to communicate to an employee a statement of fact or opinion reasonably held with respect to the employer’s business.

Coercion and intimidation prohibited

9 A person must not use coercion or intimidation of any kind that could reasonably have the effect of compelling or inducing a person to become or to refrain from becoming or to continue or cease to be a member of a trade union.

Part B

Why do many workers choose to join a union?

It is your right in British Columbia to join a union. Here’s what the law says about your right to join a union:

BC Labour Relations Code (Provincial)

Rights of employers and employees

4. (1) Every employee is free to be a member of a trade union and to participate in its lawful activities.

6. (3) An employer or a person acting on behalf of an employer shall not

(a) discharge, suspend, transfer, lay off or otherwise discipline an employee, refuse to employ or continue to employ a person or discriminate against a person in regard to employment or a condition of employment because the person

(i) is or proposes to become or seeks to induce another person to become a member or officer of a trade union or

(ii) participates in the promotion, formation or administration of a trade union.

Part I Canada Labour Code - (Federal)

Basic Freedoms

(i) Every employee is free to join the trade union of his/her choice and to participate in its lawful activities.

Prohibitions Relating to Employers

(i) No employer or person acting on behalf of an employer shall:

(a) refuse to employ or to continue to employ or suspend, transfer, lay off or otherwise discriminate against any person with respect to employment, pay or any other term or condition of employment or intimidate, threaten or otherwise discipline any person because the person…

(i) is or proposes to become, or seek to induce any other person to become, a member, officer or representative of a trade union or participate in the promotion, formation or administration of a trade union.

Joining a union in British Columbia

There are some detailed and formal legal steps to follow and a union organizer will assist you with those requirements.

The basic steps in organizing a union are not difficult:

1. You and a majority of your co-workers (excluding management) sign a membership card indicating your desire to become unionized.

2. The union will file an Application for Certification as the bargaining agent for your workplace before the appropriate Labour Relations Board. Depending on what jurisdiction you are employed in BC, you must sign up at least 45% of the employees in order to apply for certification. In a federally regulated workplace, you must have at least 40% employee support to apply.

3. The Labour Relations Board will review all membership cards received and conduct a vote of the eligible employees. If the majority votes in favour, the union is certified.

A union organizer will work with you to determine how to accomplish these steps without jeopardizing your changes of success.