2001 Legislative Session: 2nd Session, 37th Parliament
FIRST READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
HONOURABLE GRAHAM BRUCE
MINISTER OF SKILLS DEVELOPMENT AND LABOUR
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Labour Relations Code
1 Section 21 (1) and (2) of the Labour Relations Code, R.S.B.C. 1996, c. 244, is amended by striking out "sections 18, 19, 20, 23, 24, 25 and 26" and substituting "sections 18, 19, 20, 24 and 25".
2 Sections 23 and 24 are repealed and the following substituted:
24 (1) If the board receives an application for certification under this Part and the board is satisfied on the date the board receives the application that at least 45% of the employees in the unit are members in good standing of the trade union, the board must order that a representation vote be taken among the employees in that unit.
(2) A representation vote under subsection (1) must be conducted within 10 days from the date the board receives the application for certification or, if the vote is to be conducted by mail, within a longer period the board orders.
(3) The board may direct that another representation vote be conducted if less than 55% of the employees in the unit cast ballots.
3 Section 25 (2) is repealed and the following substituted:
(2) If after a representation vote is taken, the board is satisfied that
(a) the majority of votes favour representation by the trade union, and
(b) the unit is appropriate for collective bargaining,
the board must certify the trade union as the bargaining agent for the unit.
(3) If after a representation vote is taken, the board is
(a) satisfied that the majority of votes are not in favour of the trade union representing the unit as its bargaining agent, or
(b) not satisfied that the unit is appropriate for collective bargaining,
the trade union may not be certified as bargaining agent for the unit.
4 Section 26 is repealed.
5 Section 28 (1) is amended by striking out "section 23 or sections 24 and 25," and substituting "sections 24 and 25,".
6 Section 30 is amended by striking out "section 23 or 25," and substituting "section 25,".
7 Section 39 (1) is amended by striking out "must be by ballot cast" and substituting "must be by secret ballot cast".
8 The following section is added:
41.1 (1) In this section, "CLRA" means the Construction Labour Relations Association of B.C. incorporated under the Society Act.
(2) The bargaining council established under section 55.18, as that section read before its repeal by the Skills Development and Labour Statutes Amendment Act, 2001, is continued, is deemed to be a council of trade unions established under section 41 and is authorized to bargain on behalf of its constituent unions with the CLRA.
(3) Within 6 months from the date that this section comes into force, the board must review the constitution and bylaws of the bargaining council to ensure that they are consistent with section 41.
9 Part 4.1 is repealed.
10 Section 72 is amended
(a) by repealing subsection (1) and substituting the following:
(1) If a dispute arises after collective bargaining has commenced, the chair may, on the chair's own motion or on application by either of the parties to the dispute,
(a) investigate whether or not the dispute poses a threat to
(i) the health, safety or welfare of the residents of British Columbia, or
(ii) the provision of educational programs to students and eligible children under the School Act, and
(b) report the results of the investigation to the minister. ,
(b) by adding the following subsection:
(2.1) If the minister
(a) after receiving a report of the chair respecting a dispute, or
(b) on the minister's own initiative
considers that a dispute poses a threat to the provision of educational programs to students and eligible children under the School Act, the minister may direct the board to designate as essential services those facilities, productions and services that the board considers necessary or essential to prevent immediate and serious disruption to the provision of educational programs. , and
(c) in subsections (3), (5) (a), (6) and (7) by striking out "under subsection (2)" and substituting "under subsection (2) or (2.1)".
Pension Benefits Standards Act
11 Section 74 (2) (g) of the Pension Benefits Standards Act, R.S.B.C. 1996, c. 352, is repealed and the following substituted:
(g) despite sections 25 to 27, respecting the benefits and membership of a former member of a pension plan who has begun to receive a pension under a plan and returns to work or service in an employment covered by that plan, .
12 The following section is added:
74.1 (1) If a multi-employer plan provides for the suspension or reduction of the benefits of a former member who is receiving an early retirement pension under that plan and who returns to work or service in British Columbia in a trade and industry covered by that plan but with an employer who is not a participant in that plan, those provisions of the multi-employer plan are deemed to be repealed on the date this section comes into force to the extent that they are inconsistent with this Act or the regulations.
(2) If the benefits of a former member of a multi-employer plan have been suspended or reduced for the reasons referred to in subsection (1), the administrator must, effective on the date this section comes into force, promptly reinstate those benefits as of that date and in accordance with the regulations.
(3) Despite subsection (2), benefits are not payable for the period of suspension or reduction.
(4) For the purposes of subsection (2), the Lieutenant Governor in Council may make regulations respecting any matter considered necessary or advisable for more effectively bringing into operation this section and for resolving any transitional difficulties encountered in reinstating the benefits of a former member of a multi-employer plan.
13 Sections 11 and 12 come into force by regulation of the Lieutenant Governor in Council.
Explanatory Notes
Labour Relations Code
SECTION 1: [Labour Relations Code, amends section 21 (1) and (2)] removes references to sections 23 and 26 repealed by this Bill.
SECTION 2: [Labour Relations Code, repeals section 23 and re-enacts section 24] requires a representation vote to be taken within 10 days of the board receiving an application for certification.
SECTION 3: [Labour Relations Code, amends section 25] requires the board to be satisfied of specified criteria after a representation vote for certification is conducted and does not permit certification of a trade union if those criteria are not met.
SECTION 4: [Labour Relations Code, repeals section 26] removes a provision made redundant by the proposed re-enactment of section 24.
SECTIONS 5 AND 6: [Labour Relations Code, amend sections 28 (1) and 30] remove references to section 23 repealed by this Bill.
SECTION 7: [Labour Relations Code, amends section 39 (1)] clarifies that all voting under the Code must be by secret ballot.
SECTION 8: [Labour Relations Code, enacts section 41.1] continues the bargaining council established under Part 4.1 repealed by this Bill and deems the council to be a council of trade unions established under section 41.
SECTION 9: [Labour Relations Code, repeals Part 4.1] repeals the part of the Code that provides for sectoral bargaining in the construction industry.
SECTION 10: [Labour Relations Code, amends section 72] provides for investigations and reports as to whether a dispute poses a threat to the provision of educational programs under the School Act, and provides for essential services designations that would prevent immediate and serious disruption to those programs.
Pension Benefits Standards Act
SECTION 11: [Pension Benefits Standards Act, amends section 74 (2) (g)] repeals a power of the Lieutenant Governor in Council to make regulations respecting the suspension or reduction of the benefits of a former member of a multi-employer pension plan who is receiving an early retirement pension under that plan and who returns to work or service in British Columbia in a trade and industry covered by that plan.
SECTION 12: [Pension Benefits Standards Act, enacts section 74.1]
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