A Guide to the Law of Organizing in British Columbia

Preface
Chapter 1
	Introduction – 1989 Edition
Chapter 2
	History of Certification
Chapter 3
	Constitutional Jurisdiction of the British Columbia Labour Relations Board
		General
		The Administrative Tribunals Act
Chapter 4
	Trade Union
		A) Trade Union
			Definition under the Code
			Employee Organization
			Local Organization
			Viability
			Not Employer Dominated or Influenced
		B) Choosing Between an Established Union or a New One
			The Basic Choice
			Procedural Steps to Forming a New Union
			Investigation of a New Union
Chapter 5
	Who is an Employee?
		General
		A) Employee vs. Independent Contractor
		B) Employee vs. Dependent Contractor
		C) Management Exclusion
		D) Management Team Exclusions
		E) Confidential Capacity Exclusions
		F) Part-Time and Casual Employees
		G) Employees Away on Leaves
		H) Laid Off Employees
		I) Terminated Employees
		J) Employees Working Out of Province
		K) Religious Exemption: Section 17
Chapter 6
	Who is an Employer?
		A) The True Employer Test
		B) A Purposive Approach
		C) Naming the Employer in an Application
Chapter 7
	Common Employer
Chapter 8
	Successor Employer
Chapter 9
	Appropriate Bargaining Unit
		A) Introduction
		B) Its Importance to Organizing
		C) All-Employee Units
		D) The Board’s Approach
			Initial Certification Applications
			Subsequent Certification Applications
			The Effect of the Addition of Section 2(b) to the Code
		E) Special Considerations – Craft, Technical and Professional Employees
			General
			Craft Units
			New Craft Units
		F) Consolidation and Appropriateness
			Employer-Initiated Consolidations
			When There is a Change in Employer – Consolidation & Successorship
Chapter 10
	Freeze Periods and Unfair Labour Practices
		A) Unfair Labour Practices During Organizing
			By Employers
				Overlapping Nature of Unfair Labour Practices
				Scope of Communications to Employees
				Improper Promises
				Intimidation and Coercion
				Anti-Union Dismissal, Lay-off or Discipline
				Interference with the Formation, Selection or Administration of a Trade Union
				Financial or Other Support
				Retaliation
				Who is Protected?
				Acting on Behalf of the Employer
			By Unions
				Introduction
				Union Retaliation
				Discrimination Regarding Membership in a Trade Union
				Coercion and Intimidation
				Organizing at the Employer’s Place of Business During Working Hours
				Duty of Fair Representation
				Remedies
		B) Freeze Periods
			Organizing
			Once the Union Has Applied for Certification
			Post Certification
			Timeliness
Chapter 11
	Signing Up Members
		A) Introduction
		B) Membership Evidence
			General
			Construction Industry
		C) Coercion or Intimidation
			General
			Differential Fees
		D) Revocation
		E) Rejection of Cards
Chapter 12
	Access to Employer’s Property
		A) The Labour Relations Code and Civil and Criminal Trespass
			Employee Organizers vs. Non-Employee Organizers
			The Protection Offered Organizers by Section 66 of the Labour Relations Code
		B) Employees Living on the Employer’s Property
Chapter 13
	Voluntary Recognition vs. Certification
		A) Introduction
		B) Where They Traditionally Arise
		C) The Board’s Analysis
		D) Termination of a Voluntary Recognition Agreement
Chapter 14
	Timing of Certification Applications
		A) Introduction
		B) New Enterprises and the Build-Up Principle*
			General
			Seasonal Employees
			Construction Industry
			Board’s Analysis
		C) Timing of Certification Applications in the Context of Raids**
		D) Certification Applications after Decertification
		E) Discretionary Time Bar - Repeated Certification Applications
Chapter 15
	Mechanics of Applying For Certification
		A) Basic Outline of the Process
		B) Applications by More Than One Union
Chapter 16
	Withdrawal of Certification Applications
		A) General
		B) Raids
Chapters 18
	The Certification Vote
		General
		Eligibility to Vote
		Scrutineers
		The Test the Board Applies Where Eligibility Challenged
		Construction Industry
		Sealing Ballots
		Second Vote
		The Results
Chapter 19
	Reconsideration
		A) Introduction
		B) Discretionary Decision
		C) Burden on Applicant
		D) The Mechanics
		E) Possible Outcomes on Reconsideration
Chapter 20
	Raids and Other Changes of Unions
		A) Introduction
		B) Raids and Partial Raids
			Raids
			Partial Raids
			No Employer Favouritism or Assistance
			Effect of Voluntary Recognition Agreements
			Special Cases – Health Sector & Construction
		C) Expanded Unit Applications
		D) Section 142 Consolidations
Chapter 21
	Varying a Certificate
		A) Introduction
		B) Variance
			Reasons Why Unions Make Variance Applications
			The Test
			Negotiated Variances
		C) Cancellation
		D) Decertification
Chapter 22
	Cancelling a Certificate
		A) Introduction
		B) Full Decertification
			Abandonment
			Time Bars
		C) Partial Decertification
		D) Decertification, Unfair Labour Practices & Improper Interference
			Legal Fees and Improper Interference
			Other Examples of Improper Interference or Unfair Labour Practices
		E) Decertification and the Construction Industry
Chapter 23
	Duty to Bargain in Good Faith
		A) Introduction
		B) What is the Duty to Bargain in Good Faith?
		C) Evolution of the Board’s Approach
		D) Hard Bargaining Versus Surface Bargaining
		E) Examples of Bad Faith Bargaining
			Bargaining with Employees Rather Than the Union
			Illegal or Improper Proposals
			Duty to Disclose Information
			Other Examples of Bargaining in Bad Faith
Chapter 24
	Organizing and the Charter of Rights and Freedoms
		A) The Administrative Tribunals Act
		B) Organizing and the Charter
			Fundamental Freedoms
		Equality Rights
		C) Section 2(d) – Freedom of Association
			Early Section 2(d) Decisions
		D) 2015 Trilogy
		E) Post 2015 Trilogy Decisions
		F) Section 15 – Equality Rights
		G) Parliamentary Privilege and Charter Rights