Labour Relations Code Review Panel issues report

On October 25, 2018, the Labour Relations Code Review Panel released its report with its recommendations for amendments to the B.C. Labour Relations Code (“Report”).

The Review Panel was appointed earlier this year by the Minister of Labour and was comprised of a neutral chair, a labour representative and an employer representative. The mandate of the Review Panel was to review the B.C. Labour Relations Code and provide recommendations to the government for amendments. The Review Panel conducted a public consultation process and considered input from stakeholders in the labour relations community.

The Report contains 29 recommendations on a range of subjects including unfair labour practices, certification processes, successorship, arbitration procedure and dispute resolution. The recommendations included:

• retaining the secret ballot vote in certification applications;
• requiring that the Board hold a secret ballot vote within 5 business days (excluding weekends and statutory holidays) after receiving a certification application;
• returning to the pre-2002 Labour Relations Code language regarding employer free speech in organizing drives and certification applications;
• expanding the factors the Board may consider in granting remedial certification; and
• under certain circumstances, extending successorship to the re-tendering of contracts in building cleaning, security or bus transportation, or the health sector, including food, housekeeping, security, care aides, or long-term seniors’ care.

The Review Panel also made recommendations to engage in greater case management in arbitrations, to conduct further inquiries in industries such as forestry and to provide more resources to the Labour Relations Board.

The public is invited to review and submit feedback on the Report. Feedback on the recommendations may be sent to [email protected] by November 30, 2018. The Review Panel’s full report is available online here.

By Nicole Toye, Harris & Company LLP

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