Bill 10, the Labour Relations Code Amendment Act, 2022, introduced on April 6, 2022, would make significant amendments to British Columbia’s Labour Relations Code (LRC).
Two Possible Paths to Union Certification
If Bill 10 is passed in its current form, there will be two possible paths to union certification, one that involves only one step and another that involves two. The availability of each path will depend on how much support exists within the bargaining unit. Under the first path, a union will be certified in a single step without a vote by automatic or “card-check” certification where 55% or more of the employees in the proposed bargaining unit sign union membership cards. Under the second path, if union membership cards are signed by at least 45% and up to 55% of the employees, a secret ballot vote must be held by the Labour Relations Board (LRB) to determine employees’ wishes. In addition, in its current form, Bill 10 provides that after applying to certify a bargaining unit, a union may request that a secret ballot representation vote be taken before the LRB determines whether the bargaining unit is appropriate. The ballots will be sealed and not counted while the LRB makes this determination.
Currently, the process to certify a union under the LRC involves two steps. First, at least 45% of the employees in the proposed bargaining unit must sign union membership cards. Once this has occurred, the union must file a certification application with the LRB. When...
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