Professionals Making A Difference
The BC Labour Relations Board (LRB) administers certifications in provincially regulated industries, which includes most kinds of work except telecommunications, inter-provincial transportation, broadcasting, banking, shipping, air travel, and a few others. These industries are regulated by the Canada Industrial Relations Board.
For the LRB to certify a union, it must be satisfied that the unit is appropriate for bargaining and that a majority of employees in the unit wish to be represented by the union. The LRB considers whether the group shares a community of interest and various other factors. Employees indicate their wish to be represented by the union by signing a membership card. Signed membership cards are only accepted as evidence of membership for the 90 days after they are dated. If a card is more than 90 days old, it no longer counts as proof of membership.
Once 45 per cent of employees in the proposed unit have signed cards, the union can ask the LRB to conduct a representation vote. The LRB will schedule a hearing to consider any issues arising from the application.
Once an application for certification is made, the LRB promptly advises the employer that the application is pending. The employer must notify all affected employees by posting notices in conspicuous locations around the workplace. The LRB also appoints an Industrial Relations Officer (IRO) to investigate the application. The IRO will require that the employer provide a list of names of all employees in the proposed unit on the date the application is received. The IRO then determines which of the employees were union members on that same date. The employer is never informed which employees have joined the union and which have not. Nor will the LRB provide personal information about the employees to the union.
A representation vote would be held by secret ballot on the employer's premises during working hours. You would be asked to vote yes or no to this ballot question:
“For the purpose of collective bargaining with your employer, do you wish the Professional Employees Association to represent you?”
Certification requires that 50% plus one of those who cast ballots vote in favour of the union. If, however, fewer than 55% of eligible voters cast ballots, the LRB could order a second ballot. If there is a dispute about the eligibility of an individual employee, the employee may cast a ballot but the ballot will be kept separate and the ballot box sealed until the LRB rules on the eligibility of the disputed employee.
The LRB invites interested parties to make submissions with respect to the application at the hearing. The LRB will hear disputes about the appropriateness of the bargaining unit at the hearing. Disputes are usually resolved at the time of the hearing, but a complex dispute may cause the LRB to delay its finding. Normally, the application will be granted or denied on the basis of the IRO's report, the parties' submissions, and the results of a representation vote if required. A final decision on the application is usually made within 10 days of the application.
The BC Labour Relations Code prohibits any employer interference with employees' rights under the Code including the right to join a union. Such conduct constitutes an “unfair labour practice”. If your employer engages in such conduct, the PEA would take a complaint to the LRB for remedial action.
