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1998 Legislative Session: 3rd Session, 36th Parliament

THIRD READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 21st day of July, 1998

Ian D. Izard, Law Clerk

HONOURABLE DALE LOVICK

MINISTER OF LABOUR

BILL 26 – 1998

LABOUR RELATIONS CODE AMENDMENT ACT, 1998

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the

Province of British Columbia, enacts as follows:

Section 21 (1) of the Labour Relations Code, R.S.B.C. 1996, c. 244, is amended by

striking out "a group of employees belongs" and substituting "one or more employees

belong" .

2 The following

Part is added:

Part 4.1 – Construction Industry Labour Relations

Division 1 – General Construction Provisions

Definitions

55.1 In this Part:

"bargaining council" means the bargaining council established under

section

55.18;

"building trades employer" means a unionized construction employer that has a

bargaining relationship with a trade union representing employees in craft

bargaining units in ICI construction;

"CLRA" means the Construction Labour Relations Association of B.C. incorporated

under the Society Act;

"construction industry" means the employers and employees engaged in the

construction, alteration, decoration, repair or demolition of buildings, structures,

roads, sewers, water or gas mains, pipelines, dams, tunnels, bridges, railways,

canals or other works but does not include those employers and employees

engaged in

(

a) delivering supplies and materials to a construction project, or

(

b) routine maintenance work;

"craft bargaining unit" means a craft unit of employees recognized by the board

under this Code or a unit or units in which employees, in the opinion of the

board, belong to a craft or group exercising technical or professional skills;

"ICI construction" means construction work performed within the industrial,

commercial and institutional components of the construction industry;

"project collective agreement" means a collective agreement negotiated among a

trade union or unions, an employer or employer bargaining agent and a project

owner or project owners, that is to be effective during the term of a project;

"unionized construction employee" means an employee who is employed by a

unionized construction employer and with respect to whom a trade union has

established the right to bargain collectively with the unionized construction

employer;

"unionized construction employer" means an employer with respect to whom a

trade union has established the right to bargain collectively on behalf of

unionized construction employees

(

a) under this Part or

Part 3, or

(

b) as a result of the employer having recognized the trade union as the agent

to bargain collectively on behalf of those unionized construction employees.

Purposes

55.11 In addition to the purposes referred to in

section 2, the purposes of this Part are to

(

a) achieve orderly collective bargaining in the construction industry,

(

b) establish a labour relations environment conducive to skills development in

the construction industry, and

(

c) facilitate the implementation of multi-employer and multi-trade collective

bargaining for craft bargaining units within ICI construction.

Change in union representation

55.12 For the purposes of

section 19 with respect to a change in trade union representation

in the construction industry, the seventh and eighth months for an appropriate unit are

deemed to be July and August.

Term of agreements

55.13

(1) Subject to sections 55.15 and 55.26, a construction industry collective agreement

must be for a term of not more than 3 years.

(2) Despite subsection (1), a project collective agreement may be for a term that ends when the project is completed.

Ratification of voluntarily recognized collective agreements

55.14 A collective agreement entered into on or after the date this

section comes into force

by a trade union and a construction employer as a result of the employer having

recognized the trade union as the agent to bargain collectively on behalf of a unit of

employees has no effect until

(

a) a ratification vote has been conducted under this Code and a majority of

employees voting have expressed support for accepting the proposed

agreement, and

(

b) a copy of the agreement is filed with the board under

section 51.

Major project collective agreements

55.15

(1) One or more persons who wish to engage in a major project in the construction

industry may apply to the minister for the right to bargain collectively and enter

into a project collective agreement for the duration of the project.

(2) An application under subsection (1) must be in the form and contain the

information required by the minister.

(3) If the minister allows the establishment of a project collective agreement under

this section, the collective agreement negotiated by the parties for that project

takes precedence over any other collective agreements.

Resolution of jurisdictional disputes

55.16

(1) In this section:

"jurisdictional dispute" means a dispute related to the assignment or distribution

of work to trade union members or to workers of a particular trade or craft;

"plan" means the plan for resolving work assignment and other jurisdictional issues

established by CLRA and the BC & Yukon Territory Building and Construction

Trades Council;

"umpire" means the person appointed under the plan for resolving jurisdictional

disputes.

(2) On or after the date this

section comes into force, the provisions of the plan are

deemed to be a part of every collective agreement negotiated by an employer and

a trade union for a craft bargaining unit in the construction industry.

(3) In making a decision respecting assignments and distribution of work, the umpire must consider the practice and experience of the British Columbia construction industry.

(4) The parties to a collective agreement referred to in subsection (2) must comply

with the decisions of the umpire.

(5) A decision of the umpire is deemed to be an arbitration award and

section 102

applies to the decision.

(6) A trade union must not establish picket lines or engage in a strike because of the

employer's or umpire's assignment of work or for jurisdictional purposes.

(7) An employer that is a party to a collective agreement referred to in subsection

(2) must promptly pay to the trustees of the plan any reasonable fees established by

the trustees.

Special arrangements

for the purposes of enabling employers' successful bidding of a contract, the trade

union must treat all employers bidding on the project in the same way.

Division 2 – ICI Construction Collective Bargaining

Bargaining council

55.18 ( 1) Trade unions representing employees in craft bargaining units in ICI construction

must establish a bargaining council for the purposes of negotiating collective

agreements.

(2) A bargaining council established under subsection (1) is deemed to be a council

of trade unions established under

section 41 and is authorized to bargain on

behalf of its members.

(3) The constitution and bylaws of the bargaining council must be approved and

accepted by the board.

(4) If the constitution and bylaws referred to in subsection (3) are not agreed to by

the trade unions and approved by the board within 60 days after this

section

comes into force, the board must, within 150 days after this

section comes into

force, determine the constitution and bylaws.

Authority to negotiate

55.19 In addition to its other powers under this Part, the bargaining council has the authority

to negotiate and bind its members to a project collective agreement.

Construction Labour Relations Association

55.2

(1) CLRA is authorized to bargain on behalf of all unionized construction employers

who have a bargaining relationship with a trade union representing employees in craft bargaining units within ICI construction.

(2) Subsection (1) has no effect until the constitution and bylaws of CLRA are

approved by the board.

(3) If the constitution and bylaws referred to in subsection (2) are not agreed to by

the employers and approved by the board within 60 days after this

section comes

into force, the board must, within 150 days after this

section comes into force,

determine the constitution and bylaws.

(4) When the constitution and bylaws are approved by the board they are deemed to

be a decision of the board.

Participation by employers

55.21

(1) All employers whose bargaining rights are affected by the operation of

section 55.2 have the right to join and participate in CLRA.

(2) An employer is not required to assign to CLRA any bargaining rights not affected

by this Division.

Effect of establishment of employer bargaining agency

55.22

(1) All of the collective bargaining rights, duties and obligations of building trades

employers with respect to ICI construction vest in CLRA.

(2) A trade union representing employees in craft bargaining units in ICI

construction must bargain collectively with CLRA with respect to unionized

construction employees that the trade union represents in those units.

(3) Subject to

section 55.15, on or after the date on which this

section comes into

force, a collective agreement that is entered into by a trade union representing

craft bargaining units respecting a building trades employer is void if it is made

with any person or organization other than CLRA.

Subsequent employer is bound

55.23

(1) Section 55.2 applies to

(

a) an employer who subsequently becomes a building trades employer, or

(

b) to the extent necessary to give effect to this Part, a unionized construction employer whose employees are represented by a trade union representing craft bargaining units who subsequently becomes engaged in ICI construction.

(2) Despite subsection (1), the parties to a collective agreement must make special

collective agreement arrangements that they consider reasonable for newly

unionized employers for the purposes of accommodating existing projects of

those employers.

(3) If an employer disagrees with arrangements made under subsection (2), the

employer may apply to the board for a determination.

Fees

55.24

(1) Every building trades employer referred to in

section 55.2 (1) must pay to CLRA

contract administration fees that may be set by CLRA.

(2) CLRA must not charge a fee under subsection (1) that is in the board's opinion

unreasonable or discriminating.

(3) To facilitate collection of contract administration fees, every building trades

employer must provide CLRA with any information that is necessary, in the

opinion of CLRA, for the calculation of the contract administration fees that are

payable by building trades employers.

Strikes and lockouts

55.25

(1) Unless a lawful lockout has occurred that has not been discontinued for a period

of 72 hours, the bargaining council must not declare or authorize a strike without

the support of the majority of affected employees and a majority of affected trade

unions.

(2) Unless a lawful strike has occurred that has not been discontinued for a period

longer than 72 hours, CLRA must not declare or authorize a lockout without the

support of the majority of affected employers.

Term of ICI construction collective agreements

55.26

(1) A collective agreement negotiated between the bargaining council and CLRA

must be for a 3 year term calculated from May 1 of the first year in which the

collective agreement is concluded.

(2) Despite subsection (1), a project collective agreement may be for a term that ends

when the project is completed.

Transitional – regulations

(1) The Lieutenant Governor in Council may make regulations considered necessary

or advisable for the purpose of more effectively bringing into operation

Part 4.1

of the Labour Relations Code and to remedy any transitional difficulties

encountered in so doing.

(2) Unless earlier repealed, a regulation under this

section is repealed one year after

it is enacted.

Commencement

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

Copyright

© 1998: Queen's Printer, Victoria, British Columbia, Canada