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2002 Legislative Session: 3rd 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

BILL 42 – 2002

LABOUR RELATIONS CODE AMENDMENT ACT, 2002

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Section 2 is repealed and the following substituted:

Duties under this Code

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.

Section 6 (1) is amended by striking out "An" and substituting "Except as otherwise provided in

section 8, an" .

Section 8 is repealed and the following substituted:

Right to communicate

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.

Section 83 (1) is repealed and the following substituted: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.

Section 105 (3) is amended by striking out "must" and substituting "may" .

Section 116 (2) is repealed and the following substituted: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.

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.

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.

Commencement

9 This Act comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Notes

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

respecting presentations by employers and trade unions before votes;

establishing and authorizing fees to be payable to the board any services provided by the board or its staff in relation to the Code.

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© 2002: Queen's Printer, Victoria, British Columbia, Canada