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This is part of an archived statute consolidation that is current to November 5, 2001 and includes changes enacted and in force by that date. |
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SECTION | EFFECTIVE DATE | ||
14 | August 16, 2001 | ||
21 | August 16, 2001 | ||
23 | August 16, 2001 | ||
24 | August 16, 2001 | ||
25 | August 16, 2001 | ||
26 | August 16, 2001 | ||
28 | August 16, 2001 | ||
30 | August 16, 2001 | ||
39 | August 16, 2001 | ||
41.1 | August 16, 2001 | ||
Part 4.1 | August 16, 2001 | ||
72 | August 16, 2001 |
Section 14(4)(f) BEFORE amended by 2001-33-1 effective August 16, 2001 (Royal Assent).
(f) if the employees affected by the order are seeking trade union representation and the board is of the opinion that the union would likely have obtained the requisite support had it not been for the act prohibited by section 5, 6, 7, 9, 10, 11 or 12, certify the trade union.
Section 21(1) and (2) BEFORE amended by 2001-33-2 effective August 16, 2001 (Royal Assent).
21 (1) If one or more employees belong to a craft or group exercising technical or professional skills that distinguish it from the employees as a whole, and they are members of one trade union pertaining to the craft or skills, the trade union may, subject to sections 18, 19, 20, 23, 24, 25 and 26, apply to the board to be certified as the bargaining agent for the group if it is otherwise an appropriate bargaining unit.
(2) A trade union claiming to have as members in good standing a majority of the employees in a unit for which a craft or professional trade union is the bargaining agent under this section may apply to the board to have the unit included in another unit, and sections 18, 19, 20, 23, 24, 25 and 26 apply.
Section 23 BEFORE repealed by 2001-33-3 effective August 16, 2001 (Royal Assent).
23 (1) If the board is satisfied that on the date it receives an application for certification not less than 55% of the employees in the unit are members in good standing of the trade union and that the unit is appropriate for collective bargaining, the board must certify the trade union as bargaining agent for the employees in the unit.
(2) In deciding whether a person is a member in good standing of a trade union, the board may decide the question without regard to the constitution and bylaws of the trade union.
Section 24 BEFORE amended by 2001-33-3 effective August 16, 2001 (Royal Assent).
24 (1) The board, to determine whether the employees in an appropriate bargaining unit wish to have a particular trade union represent them as their bargaining agent, may order that a representation vote be taken, in accordance with the regulations, among the employees in the unit.
(2) If, on an application under section 18, 19 or 21, the board is satisfied not less than 45% and not more than 55% of the employees in a unit are members in good standing of the trade union, it must direct that a representation vote be taken.
(3) The board must order that a representation vote be conducted within 10 days of the date of the application under section 18, 19 or 21 or, if the vote is conducted by mail, within a longer period the board orders.
(4) The board may direct that another representation vote be taken if
(a) a representation vote is taken, and
(b) less than 55% of eligible employees cast ballots.
Section 25(2) BEFORE amended by 2001-33-4 effective August 16, 2001 (Royal Assent).
(2) If after a representation vote is taken the board is satisfied that the majority of votes favour representation by the trade union, the board must certify the trade union as the bargaining agent for the unit.
Section 26 BEFORE repealed by 2001-33-5 effective August 16, 2001 (Royal Assent).
26 (1) On an application for certification, a trade union may request that a representation vote be taken before the board's determination of the appropriate bargaining unit.
(2) On the request being made, the board may determine the group of persons who may vote, and if it appears to the board on examining the records of the trade union and of the employer that not less than 45% of the employees in the unit were members in good standing of the trade union when the application was made, the board may direct that a representation vote be taken among the employees in the unit.
(3) The board may direct that the ballot box containing the ballots from a representation vote under this section be sealed and the ballots not be counted until the parties have been given full opportunity to present evidence and make submissions.
(4) After a representation vote under this section, the board must determine the unit of employees appropriate for collective bargaining, and if it is satisfied that not less than 45% of the employees in the unit were members in good standing of the trade union when the application was made, the representation vote has the same effect as a representation vote under sections 24 and 25.
Section 28(1) BEFORE amended by 2001-33-6 effective August 16, 2001 (Royal Assent).
28 (1) If an application for certification is made for a unit consisting of, or including, dependent contractors, and the application meets the requirements of section 23 or sections 24 and 25, the board must
Section 30 BEFORE amended by 2001-33-7 effective August 16, 2001 (Royal Assent).
30 If the trade union is not certified as the bargaining agent under section 23 or 25, or a cancellation of certification is refused under section 33 (4) (b), the board may designate the length of time, not less than 90 days, that must elapse before a new application by the same applicant may be considered.
Section 39(1) BEFORE amended by 2001-33-8 effective August 16, 2001 (Royal Assent).
39 (1) All voting directed by the board or by the minister under this Code and other votes held by a trade union or employers' organization of their respective members on a question of whether to strike or lock out, or whether to accept or ratify a proposed collective agreement, must be by ballot cast in such a manner that the person expressing a choice cannot be identified with the choice expressed.
Section 41.1 enacted by 2001-33-9 effective August 16, 2001 (Royal Assent)
Part 4.1 BEFORE repealed by 2001-33-10 effective August 16, 2001 (Royal Assent).
Part 4.1 – Construction Industry Labour Relations
Division 1 – General Construction Provisions
55.1 In this Part:
"bargaining council" means the bargaining council established under section 55.18;
"building trades employer" means a unionized construction employer that has a bargaining relationship with a trade union representing employees in craft bargaining units in ICI construction;
"CLRA" means the Construction Labour Relations Association of B.C. incorporated under the Society Act;
"construction industry" means the employers and employees engaged in the construction, alteration, decoration, repair or demolition of buildings, structures, roads, sewers, water or gas mains, pipelines, dams, tunnels, bridges, railways, canals or other works but does not include those employers and employees engaged in
(a) delivering supplies and materials to a construction project, or
(b) routine maintenance work;
"craft bargaining unit" means a craft unit of employees recognized by the board under this Code or a unit or units in which employees, in the opinion of the board, belong to a craft or group exercising technical or professional skills;
"ICI construction" means construction work performed within the industrial, commercial and institutional components of the construction industry;
"project collective agreement" means a collective agreement negotiated among a trade union or unions, an employer or employer bargaining agent and a project owner or project owners, that is to be effective during the term of a project;
"unionized construction employee" means an employee who is employed by a unionized construction employer and with respect to whom a trade union has established the right to bargain collectively with the unionized construction employer;
"unionized construction employer" means an employer with respect to whom a trade union has established the right to bargain collectively on behalf of unionized construction employees
(a) under this Part or Part 3, or
(b) as a result of the employer having recognized the trade union as the agent to bargain collectively on behalf of those unionized construction employees.
55.11 In addition to the purposes referred to in section 2, the purposes of this Part are to
(a) achieve orderly collective bargaining in the construction industry,
(b) establish a labour relations environment conducive to skills development in the construction industry, and
(c) facilitate the implementation of multi-employer and multi-trade collective bargaining for craft bargaining units within ICI construction.
55.12 For the purposes of section 19 with respect to a change in trade union representation in the construction industry, the seventh and eighth months for an appropriate unit are deemed to be July and August.
55.13 (1) Subject to sections 55.15 and 55.26, a construction industry collective agreement must be for a term of not more than 3 years.
(2) Despite subsection (1), a project collective agreement may be for a term that ends when the project is completed.
55.14 A collective agreement entered into on or after the date this section comes into force by a trade union and a construction employer as a result of the employer having recognized the trade union as the agent to bargain collectively on behalf of a unit of employees has no effect until
(a) a ratification vote has been conducted under this Code and a majority of employees voting have expressed support for accepting the proposed agreement, and
(b) a copy of the agreement is filed with the board under section 51.
55.15 (1) One or more persons who wish to engage in a major project in the construction industry may apply to the minister for the right to bargain collectively and enter into a project collective agreement for the duration of the project.
(2) An application under subsection (1) must be in the form and contain the information required by the minister.
(3) If the minister allows the establishment of a project collective agreement under this section, the collective agreement negotiated by the parties for that project takes precedence over any other collective agreements.
55.16 (1) In this section:
"jurisdictional dispute" means a dispute related to the assignment or distribution of work to trade union members or to workers of a particular trade or craft;
"plan" means the plan for resolving work assignment and other jurisdictional issues established by CLRA and the BC & Yukon Territory Building and Construction Trades Council;
"umpire" means the person appointed under the plan for resolving jurisdictional disputes.
(2) On or after the date this section comes into force, the provisions of the plan are deemed to be a part of every collective agreement negotiated by an employer and a trade union for a craft bargaining unit in the construction industry.
(3) In making a decision respecting assignments and distribution of work, the umpire must consider the practice and experience of the British Columbia construction industry.
(4) The parties to a collective agreement referred to in subsection (2) must comply with the decisions of the umpire.
(5) A decision of the umpire is deemed to be an arbitration award and section 102 applies to the decision.
(6) A trade union must not establish picket lines or engage in a strike because of the employer's or umpire's assignment of work or for jurisdictional purposes.
(7) An employer that is a party to a collective agreement referred to in subsection (2) must promptly pay to the trustees of the plan any reasonable fees established by the trustees.
55.17 If a trade union agrees to amend the terms and conditions of a collective agreement for the purposes of enabling employers' successful bidding of a contract, the trade union must treat all employers bidding on the project in the same way.
Division 2 – ICI Construction Collective Bargaining
55.18 (1) Trade unions representing employees in craft bargaining units in ICI construction must establish a bargaining council for the purposes of negotiating collective agreements.
(2) A bargaining council established under subsection (1) is deemed to be a council of trade unions established under section 41 and is authorized to bargain on behalf of its members.
(3) The constitution and bylaws of the bargaining council must be approved and accepted by the board.
(4) If the constitution and bylaws referred to in subsection (3) are not agreed to by the trade unions and approved by the board within 60 days after this section comes into force, the board must, within 150 days after this section comes into force, determine the constitution and bylaws.
55.19 In addition to its other powers under this Part, the bargaining council has the authority to negotiate and bind its members to a project collective agreement.
55.2 (1) CLRA is authorized to bargain on behalf of all unionized construction employers who have a bargaining relationship with a trade union representing employees in craft bargaining units within ICI construction.
(2) Subsection (1) has no effect until the constitution and bylaws of CLRA are approved by the board.
(3) If the constitution and bylaws referred to in subsection (2) are not agreed to by the employers and approved by the board within 60 days after this section comes into force, the board must, within 150 days after this section comes into force, determine the constitution and bylaws.
(4) When the constitution and bylaws are approved by the board they are deemed to be a decision of the board.
55.21 (1) All employers whose bargaining rights are affected by the operation of section 55.2 have the right to join and participate in CLRA.
(2) An employer is not required to assign to CLRA any bargaining rights not affected by this Division.
55.22 (1) All of the collective bargaining rights, duties and obligations of building trades employers with respect to ICI construction vest in CLRA.
(2) A trade union representing employees in craft bargaining units in ICI construction must bargain collectively with CLRA with respect to unionized construction employees that the trade union represents in those units.
(3) Subject to section 55.15, on or after the date on which this section comes into force, a collective agreement that is entered into by a trade union representing craft bargaining units respecting a building trades employer is void if it is made with any person or organization other than CLRA.
55.23 (1) Section 55.2 applies to
(a) an employer who subsequently becomes a building trades employer, or
(b) to the extent necessary to give effect to this Part, a unionized construction employer whose employees are represented by a trade union representing craft bargaining units who subsequently becomes engaged in ICI construction.
(2) Despite subsection (1), the parties to a collective agreement must make special collective agreement arrangements that they consider reasonable for newly unionized employers for the purposes of accommodating existing projects of those employers.
(3) If an employer disagrees with arrangements made under subsection (2), the employer may apply to the board for a determination.
55.24 (1) Every building trades employer referred to in section 55.2 (1) must pay to CLRA contract administration fees that may be set by CLRA.
(2) CLRA must not charge a fee under subsection (1) that is in the board's opinion unreasonable or discriminating.
(3) To facilitate collection of contract administration fees, every building trades employer must provide CLRA with any information that is necessary, in the opinion of CLRA, for the calculation of the contract administration fees that are payable by building trades employers.
55.25 (1) Unless a lawful lockout has occurred that has not been discontinued for a period of 72 hours, the bargaining council must not declare or authorize a strike without the support of the majority of affected employees and a majority of affected trade unions.
(2) Unless a lawful strike has occurred that has not been discontinued for a period longer than 72 hours, CLRA must not declare or authorize a lockout without the support of the majority of affected employers.
55.26 (1) A collective agreement negotiated between the bargaining council and CLRA must be for a 3 year term calculated from May 1 of the first year in which the collective agreement is concluded.
(2) Despite subsection (1), a project collective agreement may be for a term that ends when the project is completed.
Section 72(1) BEFORE amended by 2001-33-11 effective August 16, 2001 (Royal Assent).
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
(a) investigate whether or not the dispute poses a threat to the health, safety or welfare of the residents of British Columbia, and
(b) report the results of the investigation to the minister.
Section 72(2.1) has been added by 2001-33-11 effective August 16, 2001 (Royal Assent)
Section 72(3), (5)(a), (6) and (7) BEFORE amended by 2001-33-11 effective August 16, 2001 (Royal Assent).
(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.
(5) The board
(a) must within 30 days of receiving the report of a mediator, designate facilities, productions and services as essential services under subsection (2), and
(6) If the minister makes a direction under subsection (2) before a strike or lockout has commenced, the parties must 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.
Copyright (c) 2001: Queen's Printer, Victoria, British Columbia, Canada