The Spring Session of the B.C. Legislature ended on May 30, 2019, and each the Employment Standards Amendment Act and Labour Relations, Code Amendment Act, have been proclaimed into law on that day. These acts constitute the maximum giant changes in a long time to employment and labor law and all B.C. Employers should be aware of the impact on their companies.
Labour Relations Code amended
The Labour Relations Code Amendment Act, 2019 (Bill 30) received Royal Assent on May 30, 2019, so Bill 30’s amendments to the Labour Relations Code are now under pressure.
The majority of Bill 30 turned into passed because it becomes at first tabled. However, a unmarried amendment became proposed and exceeded by way of the Liberal and Green Parties.
Section 6 become amended to remove a proposed raiding length during every 12 months of a collective agreement within the production industry. The code will appreciably provide identical raiding durations in the creative enterprise as it does other sectors in B.C.
These raiding periods occur during the final 12 months if a collective agreement time is for a term of three years or much less, and throughout the 1/3 12 months and every 12 months after that if a collective agreement period is for three years or more.
Interestingly, it does now not seem that raiding may be authorized after a collective settlement expires if the expired cooperative agreement turned into a term of 3 years or much less. Conversely, if an expired collective agreement becomes for more than three years, raiding will be authorized at some point of any “continuation” of the cooperative agreement.
Employers should be especially aware of the following amendments that could affect them immediately:
Successorship between contractors
Successorship may occur among contractors, while gotten more minor services are re-tendered and “significantly similar offerings stay finished, in whole or in part, underneath the course of some other contractor.” Currently, this provision is limited to the following:
(a) Building cleaning offerings
(b) Security offerings
(c) Bus transportation offerings
(e) Non-clinical services supplied within the fitness zone
This provision will apply retroactively to offerings gotten smaller or re-tendered on or after April 30, 2019.
Going forward, certification votes can be required to be carried out within five enterprise days after programs are made. Voices ought to be conducted in character until extraordinary circumstances exist or all events agree in any other case.
“Employer speech” will no longer be usually immune from the unfair labor practice provisions of the code, and guarded speech will most effectively enlarge to “statements of truth or opinion reasonably held with element to the employer’s commercial enterprise.” Communications falling outside of this description might also offer a basis for an unfair labor exercise complaint if the conversation interferes with the administration, formation, or choice of a union.
Employers are advised to assess any communications or communication plans for any present day or expected organizing drives.
The “statutory freeze” of fees of pay and different phrases and conditions of employment after new certifications are granted prolonged from 4 months to 365 days, or when a first collective settlement is reached, whichever is in advance.
Applications for expedited arbitration under s. 104 of the code should be made within 15 days of the belief of the grievance process. Mandatory case management conferences have to occur within seven days of the Board’s appointment of an arbitrator, and hearings must be concluded within ninety days of the utility.
Collective settlement re-opener
After a successful raid, unions inheriting collective agreements with or extra years remaining might also apply to the Board to have the contract terminated and collective bargaining started.
Although it’s miles expected that the Board will most effectively grant such re-openers in “awesome” circumstances, it remains visible what the one’s occasions will entail.
Filing collective agreements and ancillary documents with the Board
Each celebration to a collective agreement is required to document a duplicate of the contract with the Board. As of May 30, 2019, the Board may also decline not to forget a collective agreement or ancillary record that a celebration wishes to depend on (i.E. Memorandums of Agreement or Understanding, adjustment plan agreements reached under s. 54), if not properly filed with the Board.
Employers and unions are advised to be diligent in ensuring that collective agreements, renewals, and ancillary files are nicely filed…