2003 Legislative Session: 4th Session, 37th Parliament
The following electronic version is for informational
The printed version remains the official version.
HONOURABLE GARY COLLINS
MINISTER OF FINANCE
|1||Definitions and interpretation|
|2||CSSEA as bargaining agent|
|3||Bargaining units of agency employees|
|4||Association of unions|
|5||Vote for one union|
|6||Volunteers and family home providers|
|7||Labour relations matters|
|8||Application of the Code|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 (1) In this Act:
"agency" means an organization or a person that enters into a contract with the government to provide community social services;
"association of unions" means an association of trade unions established under section 4;
"Code" means the Labour Relations Code;
"CSSEA" means the Community Social Services Employers' Association established under section 6 of the Public Sector Employers Act;
"family home provider" means a person who,
(a) in a residence owned or rented and occupied by a person, is the primary care provider to that person, and
(b) as a care provider, does not provide care to more than 3 persons at any time.
(2) To the extent that this Act does not otherwise define a word or an expression used in this Act, the definitions in the Code apply.
2 (1) CSSEA is deemed to be the accredited bargaining agent for agencies that are members of CSSEA whose employees are represented by a trade union.
(2) CSSEA has exclusive authority to bargain collectively on behalf of agencies referred to in subsection (1) and to bind them by a collective agreement.
3 (1) For the purpose of collective bargaining between CSSEA and the association of unions representing employees of agencies, a separate bargaining unit is established for each of the following:
(a) agencies that are members of CSSEA and contract primarily to provide community living services;
(b) agencies that are members of CSSEA and contract primarily to provide services to aboriginal persons;
(c) agencies that contract primarily to provide services other than those described in paragraphs (a) and (b).
(2) For the purpose of collective bargaining between CSSEA and the association of unions representing employees of agencies, the Lieutenant Governor in Council may establish a separate bargaining unit representing all unionized employees of agencies that are members of CSSEA.
4 (1) A trade union certified to represent the employees of an agency included in a bargaining unit established under section 3 must belong to an association of unions composed of all trade unions representing employees in that bargaining unit.
(2) The trade unions affected by subsection (1) must agree, within 30 days of the date on which this section comes into force, to articles of association that
(a) are consistent with this Act and the Code,
(b) provide the association of unions with exclusive jurisdiction to bargain on behalf of the bargaining units for which the association of unions will be certified and to conclude a single collective agreement for bargaining units established under section 3,
(c) provide the association of unions with the right and obligation to resolve differences among its members with respect to the administration of the collective agreement referred to in paragraph (b) of this subsection, including differences with respect to the right or obligation to a particular trade union within the association of unions,
(d) include provisions with respect to ratification and other collective bargaining processes that reflect the relative membership size of trade union representation in the bargaining units within the association of unions, while ensuring that a member or group of members of a constituent trade union is not treated by the association of unions in bad faith or in a manner that is arbitrary or discriminatory,
(e) provide for the future addition to the association of unions of any other trade unions that the Labour Relations Board may certify to represent employees of an agency that are within a bargaining unit, and
(f) include any other provisions that the Labour Relations Board determines may be necessary in order to ensure that the association of unions can function as a bargaining agent and administer the collective agreement on behalf of the employees within its jurisdiction.
(3) The articles of association referred to in subsection (2) are subject to approval by the Labour Relations Board.
(4) If the articles of association referred to in subsection (2) are not agreed to by the trade unions and approved by the Labour Relations Board before the expiry of the time period established under subsection (2), the Labour Relations Board must determine the articles of association within 30 days of the end of that time period.
(5) Articles of association determined under subsection (4) are deemed to be a decision of the Labour Relations Board.
5 (1) Despite section 4, if the Minister of Skills Development and Labour determines that
(a) the delivery of community social services generally, or the flexibility of delivery, would be improved,
(b) the cost effectiveness of service delivery in the community social services sector would be better served, or
(c) the public interest would be better served
if there were only one union representing employees in the bargaining unit, the Minister of Skills Development and Labour may direct the Labour Relations Board to conduct a vote to determine which union will represent all of the employees in the respective bargaining units.
(2) If the Minister of Skills Development and Labour issues a directive under subsection (1), the Labour Relations Board must conduct the vote within 45 days of receipt of the directive.
6 A collective agreement must not contain any provision that directly or indirectly
(a) prevents an agency from using volunteers, if the use of volunteers does not result in the layoff of an employee, and
(b) limits the government or an agency from entering into a contract with a family home provider.
7 (1) A collective agreement to which the government is a party does not bind, and section 35 of the Code does not apply to, an agency that contracts with the government.
(2) An arbitrator or the Labour Relations Board must not declare a person who
(a) provides services under a contract between the government and an agency, or
(b) is an employee of an agency
to be an employee of the government unless that person is fully integrated into the operations of, and under the control and direction of, the government.
(3) The Health and Social Services Delivery Improvement Act applies to an agency whose employees are represented by a trade union whether or not that agency is a member of CSSEA.
(4) The minister may withhold or reduce
(a) a grant, other than a debt service grant, or
(b) an amount payable to an agency under a contract with the government
if the operating expenses of an agency have been reduced during a strike or lockout as defined in the Code.
(5) The minister may direct an audit of an agency to determine the amount of the reduction in operating expenses as a result of a strike or lockout.
8 (1) The Code and the regulations made under it apply to the government and an agency, but, if there is a conflict or inconsistency between this Act and those enactments, this Act applies.
(2) Except as specifically provided in this Act, the Labour Relations Board has exclusive jurisdiction to decide a question arising under this Act.
Community Services Interim Authorities Act
9 Section 11 of the Community Services Interim Authorities Act, S.B.C. 2002, c. 58, is amended by repealing subsection (2) (b) and substituting the following:
(b) with the prior written approval of the minister, engage a person as an employee.
10 This Act comes into force by regulation of the Lieutenant Governor in Council.
This Bill provides a labour relations framework in the community services sector. It creates 3 bargaining units and one association of trade unions for the purposes of collective bargaining, and provides a mechanism for electing one union to represent unionized employees in the sector if this is determined to be more appropriate.
Copyright (c) 2003: Queen's Printer, Victoria, British Columbia, Canada