BILL 10 — 2022
LABOUR RELATIONS CODE
AMENDMENT ACT, 2022

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 19 (2) of the Labour Relations Code, R.S.B.C. 1996, c. 244, is repealed and the following substituted:

(2) In the case of construction, a trade union claiming to have as members in good standing a majority of employees in a unit appropriate for collective bargaining may apply to the board to be certified for the unit in July and August of each year of the collective agreement or any continuation.

2 Section 21 (1) and (2) is amended by striking out "sections 18, 19, 20, 24 and 25" and substituting "sections 18, 19, 20, 23, 24, 25 and 26".

3 Section 22 is repealed and the following substituted:

Process relating to application

22 (1) The board must, in respect of an application for certification under this Part,

(a) make or cause to be made the examination of records and other inquiries, including the holding of hearings it considers necessary to determine the merits of the application for certification, and

(b) specify the nature of the evidence the applicant must furnish in support of the application and the manner of application.

(2) In deciding whether a person is a member in good standing of a trade union, the board

(a) must decide the question on the basis of membership requirements prescribed in the regulations, and

(b) may decide the question without regard to the constitution and bylaws of the trade union.

Determination of appropriate unit

22.1 If a trade union applies for certification as the bargaining agent for a unit, the board

(a) must determine if the unit is appropriate for collective bargaining, and

(b) may, before certification, include additional employees in or exclude employees from the unit.

4 The following section is added:

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.

5 Section 24 is amended

(a) by adding the following subsection:

(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. ,

(b) in subsection (1) by adding "but less than 55%" after "at least 45%", and

(c) in subsection (2.1) by striking out "The representation vote" and substituting "A representation vote".

6 The following section is added:

Request for representation vote

26 (1) On an application for certification under this Part, a trade union may request that a representation vote be taken before the board's determination of the appropriate bargaining unit.

(2) If a request is made under subsection (1),

(a) the board may determine the group of persons who may vote, and

(b) if it appears to the board on examining the records of the trade union and of the employer that on the date the board receives the application for certification at least 45% of the employees in the unit are members in good standing of the trade union, the board may order that a representation vote be taken, in accordance with the regulations, among the employees in the unit.

(3) The board may order 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 on the date the board receives the application for certification at least 45% of the employees in the unit are members in good standing of the trade union, the representation vote has the same effect as a representation vote under sections 24 and 25.

7 Section 28 (1) is amended by striking out "sections 24 and 25" and substituting "section 23 or sections 24 and 25, as applicable".

8 Section 30 is amended by striking out "section 25" and substituting "section 23 or 25".

9 Section 42 (3) is amended by striking out "90th day" and substituting "ninetieth day".

Consequential Amendments

Fishing Collective Bargaining Act

10 Section 9 of the Fishing Collective Bargaining Act, R.S.B.C. 1996, c. 150, is amended by striking out "section 22 (1)" and substituting "section 22.1 (a)".

Commencement

11 This Act comes into force on the date of Royal Assent.