Guide to the Labour Relations Code
Province of British Columbia

In order to make the bargaining process more effective, the Code sets out certain procedures that must be followed when the parties enter into collective bargaining.

Bargaining procedures and requirements

In a newly certified bargaining unit, collective bargaining is initiated when either the union or the employer serves the other party with a notice in writing to commence bargaining.  Once such notice has been served, the employer is not entitled to increase or decrease the rates of pay of employees or to alter any other term or condition of their employment until four months after certification or until a collective agreement is negotiated, whichever occurs first. 

If the parties are bargaining to renew an existing agreement, notice to require the other party to commence bargaining can be served only when four months or less are left in the term of the agreement then in force.  However, should neither party to the agreement serve notice to commence bargaining, then the Code provides that the notice is deemed to have been given 90 days prior to expiry of the agreement. 

Once a notice to commence bargaining has been served, the union and the employer must begin "good faith" bargaining within 10 days.

Duration

The Code provides that every collective agreement shall be for a minimum of one year, although the parties are free to agree to a longer term and frequently do so.  During the life of the agreement, changes to any of its provisions can be made only with the consent of both the union and the employer.

Continuation clause

The term of a collective agreement may sometimes expire before a new agreement is reached between the employer and union.  In such cases, the terms of the collective agreement remain in effect after its expiry date until either a new agreement is negotiated, a strike or lockout commences, or the union is decertified – whichever occurs first.

Joint consultation and adjustment plans

Under the Code all collective agreements must provide for a joint consultation process for the parties to deal with workplace issues that arise during the life of the collective agreement.  The purpose of joint consultation is to:

·        Promote cooperative resolution of workplace issues;

·        Respond and adapt to changes in the economy;

·        Foster the development of work-related skills; and,

·        Promote workplace productivity.

At the request of both parties, the Mediation Division of the Board will appoint a facilitator to help the union and employer develop a more co-operative relationship.

·     Consideration of alternatives to the proposed change, including amendments to the collective agreement;

·        Human resource planning, employee counselling and retraining;

·        Notice of termination;

·        Severance pay;

·        Entitlement to pension, early retirement and other benefits; and/or,

·        A joint process for overseeing implementation of the plan.

The employer must give the union at least 60 days notice of changes that require an adjustment plan.  The parties would then meet and attempt to negotiate an adjustment plan for dealing with the change.  Any agreed-upon plan is enforceable as if it were part of the collective agreement.

Failure to agree on such a plan does not preclude the employer from proceeding with the changes providing the matter was discussed in good faith with the union in a sincere endeavour to develop an adjustment plan.

First collective agreement

The Code anticipates that, in some instances, parties involved in the negotiation of their first collective agreement may experience more difficulties than unions and employers with a longer history of bargaining.  If the union and employer have not been able to negotiate a first collective agreement, and the employees have voted in favour of strike action, either the union or employer can ask the Board for the appointment of a mediator. The mediator's job is to help the parties reach their own agreement voluntarily.  The parties cannot engage in a strike or lockout during the mediation process.

If the parties cannot reach an agreement with the mediator's help within the time frames established by the Code, the Board will determine a process for settlement, which can include one or more of the following:

·      Further mediation by a person with the power to arbitrate any unresolved issues; 

·      Arbitration; and/or,

·      Allowing the parties to strike or lock out.

A contract settled by mediation/arbitration or arbitration alone is binding on the parties.