Essential services

72.  (1) If a dispute arises after collective bargaining has commenced, either of the parties to the dispute may apply to the chair to investigate or the chair on his or her own motion may investigate whether or not the dispute poses a threat to the health, safety or welfare of the residents of British Columbia and report the results of the investigation to the minister.

(2) If the minister

(a) after receiving a report of the chair respecting a dispute, or

(b) on the minister's own initiative

considers that a dispute poses a threat to the health, safety or welfare of the residents of British Columbia, the minister may direct the board to designate as essential services those facilities, productions and services that the board considers necessary or essential to prevent immediate and serious danger to the health, safety or welfare of the residents of British Columbia.

(3) When the minister makes a direction under subsection (2) the associate chair of the Mediation Division may appoint one or more mediators to assist the parties to reach an agreement on essential services designations.

(4) A mediator appointed under subsection (3) shall report to the associate chair of the Mediation Division within 15 days of his or her appointment or within any additional period agreed on by the parties.

(5) The board

(a) shall within 30 days of receiving the report of a mediator, designate facilities, productions and services as essential services under subsection (2), and

(b) may, in its discretion, incorporate any recommendations made by the mediator into the designation under that subsection.

(6) If the minister makes a direction under subsection (2) before a strike or lockout has commenced, the parties shall not strike or lock out until the designation of essential services is made by the board.

(7) If the minister makes a direction under subsection (2) after a strike or lockout has commenced, the parties may continue the strike or lockout subject to any designation of essential services by the board.

(8) If the board designates facilities, productions and services as essential services, the employer and the trade union shall supply, provide or maintain in full measure those facilities, productions and services and shall not restrict or limit a facility, production or service so designated.

(9) A designation made under this section may be amended, varied or revoked and another made in its place, and despite section 135 the board may, in its discretion, on application or on its own motion, decline to file its order in a Supreme Court registry.

Historical Note(s): 1992-82-72.

Return to work

73.  (1) Every employer, trade union or employee affected by a direction or designation made under section 72 with respect to the dispute shall comply with the direction or designation.

(2) If a designation is made under section 72, the relationship between the employer and his or her employees shall, while the designation remains in effect, be governed by the terms and conditions of the collective agreement last in force between the employer and the trade union except as that collective agreement is amended by the board to the extent necessary to implement the designation of essential services.

(3) The board may under section 72 designate facilities, productions and services supplied, provided or maintained by employees of the employer who are represented by another trade union that is not involved in a collective bargaining dispute with the employer.

Historical Note(s): 1992-82-73.