Adjudication Division:
the
division of the Labour Relations Board that investigates and resolves complaints and
applications under the Code, either by settlement with the affected parties or by making a
binding decision.
Ally: a person who assists an employer in a
lockout or in resisting a lawful strike.
Arbitration: a method of settling
a labour-management dispute by having an impartial third party conduct a hearing and
render a decision that is binding on both the union and the employer.
Bargaining agent: a union
certified by the Labour Relations Board as agent to bargain collectively for employees in
a bargaining unit; also a person or employers' organization accredited by the Labour
Relations Board and authorized by an employer to bargain on its behalf.
Bargaining unit: an employee group
recognized by the Labour Relations Board as the appropriate unit for collective
bargaining.
Canada Labour Code : the
statute regulating labour relations and collective bargaining for employees under federal
jurisdiction.
Cease and desist order:
an order
by the Labour Relations Board directing a party to refrain from doing something.
Certification: official
recognition by the Labour Relations Board that a union is the exclusive bargaining
representative for employees in a particular bargaining unit.
Collective agreement: an agreement
in writing between a union and an employer setting out the terms and conditions of
employment, including rates of pay and hours of work.
Consent order: an order by the
Labour Relations Board incorporating an agreement between the parties.
Council of unions: an association
of unions that bargain together on behalf of a number of bargaining units which have been
amalgamated into one larger bargaining unit.
Decertification: cancellation of a
union's certification by the Labour Relations Board.
Dependent contractor: a person who
performs work or services for another person on terms and conditions that more closely
resemble those of an employee than of an independent contractor.
Duty of fair representation: the
duty of a union or employers' organization to fairly represent its members.
Employer bargaining association
(employers' organization): a bargaining association composed of more than one
employer.
Good faith bargaining: the
requirement that the parties meet and confer at reasonable times with the sincere
intention of reaching agreement on new contract terms.
Grievance: a disagreement over the
interpretation or application of a provision in a collective agreement; an allegation by
one party that the other has violated the terms of the agreement.
Grievance arbitration: settlement
of a dispute over how a clause or article in a collective agreement should be interpreted
and applied by having an impartial third party conduct a hearing and render a decision
that is binding on both the union and the employer.
Industrial inquiry commission: a
person or persons appointed by the Minister of Labour and Citizens' Services to
investigate a dispute and make recommendations for its settlement.
Interest arbitration: settlement
of a collective bargaining dispute over what terms and conditions are to be included in a
collective agreement by having an impartial third party conduct a hearing and render a
decision that is binding on both the union and the employer.
Labour Relations Board:
the agency
established under the Labour Relations Code to administer and enforce the various
provisions of the Code.
Labour Relations Code :
the
basic statute regulating labour relations and collective bargaining in British Columbia.
Lieutenant Governor in Council:
the Lieutenant Governor acting with the advice and consent of the Executive Council, which
is comprised of the Premier and all government ministers. (More commonly referred to as
the provincial Cabinet.)
Lockout: a restriction by an employer of work
that would normally be available for the employees to perform and which is intended to
compel those employees, or to aid another employer to compel employees, to agree to terms
and conditions of employment.
Lockout notice: an announcement,
in writing, given to the union and to the Labour Relations Board by the employer, that it
is the employer's intention to lock out employees.
Mediation: a method of settling
collective bargaining disputes in which the parties to the dispute use a third person -
called a mediator - as an intermediary.
Mediation Division: the division
of the Labour Relations Board primarily concerned with providing mediation services and
relationship enhancement assistance to parties.
Mediation officer: a person
appointed by the Labour Relations Board to act as a mediator.
Non-affiliation clause: a
collective agreement provision, negotiated by the parties, under which the employees
covered by the agreement are not required to work with persons who are not members of the
employees union or another union specified by the agreement.
Notice to bargain: a notice,
served by either the union or employer to the other, to initiate collective bargaining.
Order: a ruling made by the Labour Relations
Board to correct a contravention of the Labour Relations Code.
Perishable property:
goods or
commodities that are subject to imminent spoilage and that may soon become dangerous to
life, health, other goods, commodities or property.
Picketing: a means by which
employees attempt to increase pressure on their employer to settle an outstanding
difference; also, an attempt to persuade persons not to do work for, or do business with,
the employer.
Raid: an attempt by one union to gain the
right to represent employees in a bargaining unit already represented by another union by
persuading members of the other union to become its members.
Replacement worker: a person hired
or transferred to work at a workplace where a legal strike or lockout is in effect to
perform the work of the striking or locked-out employees.
Representation vote: a vote
ordered by the Labour Relations Board to determine whether employees in a bargaining unit
want to have a particular union represent them as their bargaining agent.
Returning officer: a person who
arranges and conducts a vote by either a union or an employer association.
Settlement officer:
a person
appointed by the director of the Collective Agreement Arbitration Bureau to assist a union
and employer to resolve a grievance.
Special mediator:
a person
appointed by the Minister of Labour and Citizens' Services to help a union and
employer settle the terms and conditions of a collective agreement.
Special officer: a person
appointed by the Minister of Labour and Citizens' Services to deal with disputes during
the term of a collective agreement.
Strike:
a temporary stoppage of work or a
concerted action by a group of employees acting with a common purpose.
Strike notice: an announcement
that the employees will go out on strike, which is in writing and given by the union to
the employer and to the Labour Relations Board.
Successorship: the preservation of
bargaining rights of employees of a business through the automatic transfer of the
obligations under an existing certification and collective agreement from the vendor of
the business to the purchaser.
Successor union: a union that
succeeds another by means of a merger, amalgamation or transfer of jurisdiction.
Unfair labour practice: any
conduct that interferes with the rights guaranteed by the Code - e.g. interference with
the right to participate in the lawful activities of a union.
Union: an association of employees formed for
the purpose of furthering their interests with respect to terms and conditions of
employment through collective bargaining.
Voluntary recognition:
acknowledgement by an employer of a union's status as bargaining agent for employees of
the employer (generally by signing a collective agreement with the union) without formal
certification of the union.
Union security clause: a clause in
a collective agreement making union membership compulsory for all or some of the employees
in a bargaining unit.
Wildcat strike: a strike not
sanctioned by the union and which violates the collective agreement and/or the Labour
Relations Code.
Work stoppage:
a cessation of
normal business operations due to a strike or lockout.