1996 Legislative Session: 5th Session, 35th Parliament
The following electronic version is for informational purposes only.
The printed version remains the official version.
HONOURABLE ELIZABETH CULL
MINISTER OF FINANCE AND
|1||Recommendations of an industrial inquiry commission or mediator|
|3||Labour Relations Code|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 (1) In this section:
(a) a board of school trustees,
(b) an employer that is a member of the Post Secondary Employers' Association, or
(c) an employer that is a member of the H.E.A.B.C.
designated in the regulations;
"H.E.A.B.C." means the Health Employers Association of British Columbia;
"industrial inquiry commission" means an industrial inquiry commission, appointed under section 79 of the Labour Relations Code;
"mediator" means a mediation officer appointed under section 74 of the Labour Relations Code or a special mediator appointed under section 76 of the Labour Relations Code;
"parties" means the employer and the trade union and includes, where the context so requires, H.E.A.B.C. or the British Columbia Public School Employers' Association;
"trade union" means a trade union designated in the regulations that represents
(a) employees of a board of school trustees,
(b) employees of an employer that is a member of the Post Secondary Employers' Association, or
(c) employees of an employer that is a member of the H.E.A.B.C.
(2) If an industrial inquiry commission or a mediator has been appointed under the Labour Relations Code and the parties have been provided with recommendations to settle the terms and conditions of a collective agreement, the recommendations are deemed to be the collective agreement between the parties.
(3) The recommendations under subsection (2) must include any matters previously agreed to by the parties.
(4) At the request of either party within 30 days after a regulation has been made under section 2, the industrial inquiry commission or mediator, as the case may be, may meet with the parties and provide clarification with respect to the recommendations and the collective agreement is deemed to be amended to include those clarifications.
(5) The collective agreement constituted under subsection (2) may be varied by agreement between the employer and the trade union.
2 The Lieutenant Governor in Council may make regulations designating employers and trade unions for the purposes of this Act.
3 The Labour Relations Code and the regulations under it apply in respect of the matters to which this Act applies, but if there is a conflict or inconsistency between this Act and the Labour Relations Code, this Act applies.
4 (1) This Act is repealed on June 30, 1996 or on an earlier date set by regulation of the Lieutenant Governor in Council.
(2) Notwithstanding subsection (1), a collective agreement constituted under this Act is a collective agreement for the purposes of the Labour Relations Code and remains in force until the end of the term stated in the collective agreement.
This Bill will require school, college and health care employers and trade unions representing employees of those employers designated by the Lieutenant Governor in Council to accept the recommendations of an industrial inquiry commission or mediator appointed under the Labour Relations Code.
The Bill will expire on June 30, 1996 or on an earlier date set by regulation.
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Copyright © 1996: Queen's Printer, Victoria, British Columbia, Canada