2002 Legislative Session: 3rd Session, 37th Parliament
The following electronic version is for informational
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:
1 Section 2 is repealed and the following substituted:
2 The board and other persons who exercise powers and perform duties under this Code must exercise the powers and perform the duties in a manner that
(a) recognizes the rights and obligations of employees, employers and trade unions under this Code,
(b) fosters the employment of workers in economically viable businesses,
(c) encourages the practice and procedures of collective bargaining between employers and trade unions as the freely chosen representatives of employees,
(d) encourages cooperative participation between employers and trade unions in resolving workplace issues, adapting to changes in the economy, developing workforce skills and developing a workforce and a workplace that promotes productivity,
(e) promotes conditions favourable to the orderly, constructive and expeditious settlement of disputes,
(f) minimizes the effects of labour disputes on persons who are not involved in those disputes,
(g) ensures that the public interest is protected during labour disputes, and
(h) encourages the use of mediation as a dispute resolution mechanism.
2 Section 6 (1) is amended by striking out "An" and substituting "Except as otherwise provided in section 8, an".
3 Section 8 is repealed and the following substituted:
8 Subject to the regulations, a person has the freedom to express his or her views on any matter, including matters relating to an employer, a trade union or the representation of employees by a trade union, provided that the person does not use intimidation or coercion.
4 Section 83 (1) is repealed and the following substituted:
(1) The Collective Agreement Arbitration Bureau is continued consisting of a director designated by the chair and other employees of the board designated by the director.
5 Section 105 (3) is amended by striking out "must" and substituting "may".>
6 Section 116 (2) is repealed and the following substituted:
(2) The chair may designate one or more vice chairs as associate chairs for either or both of the Mediation and Adjudication Divisions, and designate another vice chair as a registrar of the board.
7 Section 121 (2) is repealed and the following substituted:
(2) The chair may delegate to the associate chairs, the registrar or one or more of the other members a power, duty or function of the board or of the director.
8 Section 159 (2) is amended by adding the following paragraphs:
(b.1) respecting presentations by employers and trade unions related to votes under this Code;
(e) establishing and authorizing fees to be payable for any services provided by the board or its staff under this Code.
9 This Act comes into force by regulation of the Lieutenant Governor in Council.
SECTION 1: [Labour Relations Code, re-enacts section 2] sets out the manner by which powers and duties under the Labour Relations Code are to be exercised.
SECTION 2: [Labour Relations Code, amends section 6 (1)] does not apply to section 8 of the Code.
SECTION 3: [Labour Relations Code, re-enacts section 8] provides that a person may communicate his or her views if the person does not use intimidation or coercion.
SECTION 4: [Labour Relations Code, repeals and replaces section 83 (1)] continues the Collective Agreement Arbitration Bureau consisting of a director designated by the chair of the Labour Relations Board and the other board employees.
SECTION 5: [Labour Relations Code, amends section 105 (3)] provides that the appointment of the mediator-arbitrator by the director is discretionary.
SECTION 6: [Labour Relations Code, repeals and replaces section 116 (2)] clarifies that the chair may appoint one vice chair as the associate chair of the Mediation Division and the Adjudication Division.
SECTION 7: [Labour Relations Code, repeals and replaces section 121 (2)] authorizes the chair of the Labour Relations Board to delegate to other board members other functions.
SECTION 8: [Labour Relations Code, adds section 159 (2) (b.1) and (e)] authorizes the Lieutenant Governor in Council to make regulations
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