On April 6, 2022, the British Columbia government introduced legislation that would change the union certification process under British Columbia’s Labour Relations Code.
If passed, Bill 10-2022 would make two significant changes to the union certification process:
Card-based certification: If 55 percent or more of employees in a proposed bargaining unit sign union cards, the union would be certified as of right without the need for a vote, which is the additional step currently in place.
Annual “raids” in the construction industry: Specifically in the construction industry, a union would be permitted to “raid” another union during an annual “open period” (which currently occurs every three years).
These changes would be significant, and were introduced with the intention of increasing unionization in the province.
If the proposed card-based certification process is passed, British Columbia would join New Brunswick, Prince Edward Island, and Quebec as provinces where a union may gain representation rights without having its support tested in a secret-ballot election.
The requirement of demonstrated card-based support from 55 percent of employees would be one of the lowest in the country, following only Prince Edward Island and Quebec where the requirement for certification is 50 percent support.
Under the legislation, if less than 55 percent but more than 45 percent of employees have signed cards, the Labour Relations Board could still order...
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