News release from the B.C. Ministry of Labour, April 6, 2022
(See below for Unifor’s reaction)
Changes that make collective bargaining more accessible will help protect workers who want more say about workplace safety, compensation and benefits.
The new single-step certification process will enable workers to join a union when a clear majority of employees indicate they want to, as is the case in jurisdictions such as Quebec, New Brunswick, Prince Edward Island and federally regulated workplaces.
Collective bargaining helps workers obtain better pay and workplace benefits, supporting an inclusive economy that works for everyone.
“Throughout this pandemic, we’ve seen that many people want to make their workplaces safer, provide more input to their work schedules and negotiate better wages and benefits, and they should be able to this without barriers,” said Harry Bains, Minister of Labour.
“The current two-step system can lead to interference in organizing. Under the Charter of Rights and Freedoms, workers who wish to collectively organize must not be impeded in any way.
”The current two-step system requires a minimum of 45% of workers at a job site to sign membership cards and, once that threshold is reached, workers must then restate their preference for a union through an additional vote – even if a clear majority of workers has already chosen to join the union. It’s at this stage, between the certification application and the vote, that interference can often occur.
Under the new amendments:
Backgrounders
B.C. Ministry of Labour union certification facts
The legal right to join a union in Canada
- The freedom to join a union is guaranteed by the Canadian Charter of Rights and Freedoms.
- Section 2(d) of the charter guarantees Canadian people the freedom of association – this includes the right to organize as workers for the purposes of collective bargaining.
In B.C., the Labour Relations Board (LRB) is the certification authority
- The LRB is an independent administrative tribunal responsible for resolving issues that arise under the Labour Relations Code (LRC).
- LRB roles include adjudicating applications for union certification, managing the process and ruling on allegations of unfair practices.
- Learn more: https://www.lrb.bc.ca/how-apply-union-certification
2019 Labour Relations Code Review Panel recommendations on B.C.’s certification process
- In 2018 the Ministry of Labour appointed a panel of special advisers to review the LRC and to make recommendations that ensure B.C.’s unionized workplaces are supported by fair laws.
- Learn more: https://news.gov.bc.ca/releases/2018LBR0019-002073
- The 2018 report noted concerns with employer interference in the certification process.
- The panel of special advisers concluded that the current certification-vote process can be effective for employee choice only if the LRC properly prevents employer interference.
- One of the panel’s recommendations was to shorten the time between the signing of membership cards and the certification vote.
- Changes were made to the LRC in 2019 through Bill 30, including reducing the time from application to vote from 10 calendar days to five business days.
- The panel recommended that single-step certification could be considered if the changes made through Bill 30 do not effectively eliminate interference.
- Despite the 2019 changes, employer interference and unfair labour practices have continued.
Examples of conduct that would be considered unfair practices by the LRB
- Threats to close a workplace if a union is certified
- Threats to fire employees involved in the certification process
- Requiring employees to disclose their position on potential certification
- Encouraging employees to support alternatives to unionizing
- Holding mandatory meetings to influence employees’ decisions on voting to join a union
Examples of unfair practices that have occurred under the current two-step certification process
- An electrical contractor improperly interfered with their workers’ attempt to certify their workplace by threatening to lay off employees.
- A waste-management company improperly fired an experienced worker with a good performance record for participating in an attempted certification effort in the workplace.
- A food-processing company improperly fired two workers for attempting to certify their workplace
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From Unifor:
Unifor welcomes single-step unionization legislation
VICTORIA—Workers in B.C. will have fewer barriers to unionization, thanks to new legislation introduced by the Horgan government today.
“Precarious part-time and temporary work is on the rise. These are the workers that deserve more access to the power of a union,” said Gavin McGarrigle, Unifor Western Regional Director. “This government was elected to help create good jobs and protect vulnerable British Columbians. Returning to single-step unionization does both.”
Over the last two decades after single-step certification (“card check”) was scrapped by the B.C. Liberal government, unionization rates in British Columbia fell from the highest in Canada to among the lowest.
Single-step certification allows a union to be formed after a majority of workers in a given workplace voluntarily sign a union card. This helps minimize interference from aggressive managers during the second step of the unionization process. The threshold established in the B.C. legislation is 55% or more of workers at job site signing a card.
“Sixteen years of the anti-labour B.C. Liberals only made matters worse for workers, effectively stalling the province’s unionization rates. B.C. employers took full advantage of the situation for nearly two decades, enjoying unprecedented success in blocking workers from forming unions,” said McGarrigle.
Unifor members in B.C. campaigned tirelessly for single-step certification in public communications, multiple lobby sessions, and research papers.
Unifor is Canada’s largest union in the private sector, representing 315,000 workers in every major area of the economy. The union advocates for all working people and their rights, fights for equality and social justice in Canada and abroad, and strives to create progressive change for a better future.
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