Guide to the Labour Relations Code
Province of British Columbia

Usually a group of employees who want union representation will contact an established union.  Employees are also free to form their own union.  A union is defined as an organization or association of employees whose purposes include the regulation of relations between employees and their employer through collective bargaining.  The Code requires that a union be local or provincial in character, and this can include local branches of national or international unions.  A union must be viable for collective bargaining – that is, it must be capable of carrying out its responsibilities as the bargaining agent for employees.

An association or organization must be free from employer control or influence to fairly represent employees.  It must also comply with the provisions of the Human Rights Code of British Columbia – that is, it must not exclude or otherwise discriminate against individuals on the grounds of sex, race, religion, physical or mental disability, colour, age, marital or family status, ancestry, sexual orientation, place of origin, political belief or a criminal conviction unrelated to employment activities.  If the Board finds that the organization is either employer-dominated or engages in discrimination contrary to the Human Rights Code, it cannot certify the organization or association of employees under the Code.

How does a group of employees form a union?

More typically, employees who wish to be unionized will contact or be contacted by an existing union and apply to become a chartered local of that union, or to join an existing local union.

Upon receiving the union's application for certification, the Board advises the employer by notice of receipt of the application.  The employer is required to notify all affected employees by posting a notice of the application in a conspicuous location on the employer's premises.  While an application for certification is pending, an employer is not permitted to alter the wages or any other terms or conditions of employment of the employees affected by the application without the written consent of the Board.

Appropriate bargaining unit

When a union applies to be certified, it is applying to represent a specific group of employees.  The Board must decide whether that group of employees is appropriate for collective bargaining purposes.  In order to make that determination, the Board must specify which employees should be covered by the certification.  This is called the determination of the appropriate bargaining unit.  The Board has the exclusive authority to make that determination.

The Board usually determines the appropriate bargaining unit before it can decide whether or not the union has the support of a majority of the employees in that unit.  In seeking to determine whether a group of employees is appropriate for collective bargaining, the Board will consider a number of factors, including:

·        Similarity in skills, interests, duties and working conditions;

·        The physical and administrative structure of the employer;

·        Functional integration;

·        Geography;

·        The practice and history of the current collective bargaining relationship; and,

·        The practice and history of collective bargaining in the industry or sector.

·        Evidence from the union that at least 45 percent of the employees in the appropriate unit are members of the union in good standing; and

·        A representation vote.

Once the Board issues a certification, the union becomes the exclusive bargaining agent for every employee in the bargaining unit, whether or not the employee is a member of the union.  The employer is not entitled to bypass the union and negotiate separate and individual contracts of employment with any of the employees in the bargaining unit.

Changing union representation

·   Associated or related activities are carried on through more than one company;

·  Those companies are operated under common control or direction; and

·   There exists a labour relations purpose in doing so.

Council of unions

The Code contains provision for two or more unions to be designated as a single bargaining agent.  The Board will consider creating such a council of unions on the direction of the Minister of Labour and Citizens' Services.

When a council of unions is formed, it becomes the exclusive bargaining agent for all employees previously represented by the individual unions.  This does not mean the previous unions no longer have a role to play but, in the conduct of collective bargaining, they must act together under a constitution prepared by them or the Board.

Accredited employers' organizations

Employers are also entitled to band together for bargaining purposes.  If a group of employers decides to seek accreditation under the Code, the result is the formation of a single bargaining agent to represent them.  Like a council of unions, an accredited employers' organization will have a constitution.

Any employer member who wishes to withdraw from the organization may apply to the Board to be deleted from the accreditation.  The Board will grant such an application if the employer:

·        Has been included in the accreditation for at least two years; and