Guide to the Labour Relations Code
Province of British Columbia

Employers are equally free to be members of employers organizations.

Many of the Codes provisions are designed to protect these fundamental freedoms.  Indeed, the Code prohibits any conduct that is likely to interfere with the exercise of an individual's rights under the Code.  Anyone who engages in conduct prohibited by the Code commits an unfair labour practice.

If a group of employees wants to be represented by a union, the Code provides the means for that union to be legally recognized as the exclusive bargaining agent for those employees.  This recognition is called “certification” and carries with it certain rights and obligations.  The union acquires the right to bargain with the employer on behalf of the employees it represents (the bargaining unit) and, on their behalf, to enter into a collective agreement setting out the terms and conditions of their employment.  In return for that right, the union has the duty to represent all of the employees in the bargaining unit in a manner which is not arbitrary, discriminatory or in bad faith, whether or not those employees are members of the union.

Even where a union has not sought certification under the Code, an employer may agree to acknowledge the union as bargaining agent for the employees and to conclude a collective agreement with the union.  This is called voluntary recognition.  In such cases the union will normally have the same rights and be subject to the same obligations under the Code as a certified union.  The Board, however, must be satisfied that the voluntary recognition has been approved by the employees affected.

The Code governs most aspects of the relationship between unions and employers. It contains provisions designed to promote collective bargaining and sets out certain basic standards for every collective agreement.  If the union and the employer are unable to reach an agreement, the Code permits strikes, lockouts and picketing (within certain legal constraints) to pursue bargaining demands.  However, the Code prohibits strikes and lockouts during the term of a collective agreement.  All disputes arising during the term of a collective agreement must be resolved without a work stoppage by arbitration or some other method agreed to by the parties.  The Code provides various types of assistance to the parties to resolve both mid-contract and collective bargaining disputes.

There is provision for the  Minister of Labour and Citizens' Services to appoint a committee of special advisors to review the Code. Such committee would review the operation of the Code and make recommendations to the Minister on the need for changing the Code.

Excluded employees

Not every worker in British Columbia is covered by the Labour Relations Code.  Only those persons who meet the Code's definition of an employee are entitled to exercise collective bargaining rights.  Under the Code, the following persons are not considered to be employees:

·        Anyone who performs the functions of a manager or superintendent; or,

·        Anyone employed in a confidential capacity in matters relating to labour relations or personnel. 

The collective bargaining rights of some groups are addressed under other legislation (e.g., Public Service Labour Relations Act and Public Education Labour Relations Act).  These acts also provide exclusions from collective bargaining based on the principle of avoiding situations where union membership would create a conflict with job responsibilities.

Dependent contractors and supervisors are not excluded from the application of the Code. A dependent contractor is someone who performs work or services under contract to another person under such terms and conditions that he or she is in a position of economic dependence on that person.  A dependent contractor's position more closely resembles that of an employee than that of an independent contractor. 

If any question arises concerning whether or not a person has employee status under the Code, the Labour Relations Board makes the final decision.  The Board makes these decisions on a case-by-case basis and looks at a variety of different factors concerning what the person actually does in relation to the employer's business operations.

Federal jurisdiction

There are some employees in British Columbia who are not covered by the Labour Relations Code because they come within federal jurisdiction.  Canada's constitution distributes most of the power affecting labour relations to the provincial governments.  For that reason, most employers in British Columbia, and their employees, come within the scope of the Code.  The federal government, however, retains labour relations jurisdiction over employees who work in certain industry sectors.  Some examples of employees who come under federal jurisdiction are:

·        Employees of the federal public service and federal Crown corporations;

·        Employees engaged in works or undertakings that connect a province with another province or country (e.g. airlines, railroads, shipping, and longshoring);

·        Employees of chartered banks;

·        Employees in radio and television broadcasting; and,

·        Employees in the grain industry

The Canada Labour Code governs collective bargaining rights for these employees.