On April 6, 2022, Bill 10 – 2022 Labour Relations
Code Amendment Act, 2022 (“Bill 10”)
received its first reading. If passed, Bill 10 will introduce two
significant amendments to the BC Labour Relations
Code (the “Code”):
- Return to a “card based” certification process
– i.e. union certification without a vote.
- Yearly opportunity for rival unions to conduct raids in the
construction industry.
CERTIFICATION PROCESS
Current Two-Step Certification Process
At present, under the Code, there is a two-step
process in British Columbia to certify a bargaining unit:
- Step One: The union seeking certification must
get at least 45% of the employees in the proposed bargaining unit
to sign union membership cards. Once the union has the required
number of signed membership cards, they must file a certification
application with the BC Labour Relations Board (the
“Board”).
