BC introduces Single-step certification to protect workers’ right to join union

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VICTORIA –Workers in B.C. will have fewer barriers to unionization, thanks to new legislation introduced by the BC government.

BC government is introducing a new single-step certification process that 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.

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:

* If 55% or more of employees in a workplace indicate their intent to unionize by signing union membership cards, a union will be certified and no further vote is required.

* If between 45% and 55% of employees sign union membership cards, a second step consisting of a secret ballot vote is required for certification.

The amendments to the Labour Relations Code will also affect construction sector unions by allowing workers annual opportunities to switch unions if they are unhappy with their current representation. Current rules can effectively prevent workers from changing unions for three years. The amendments recognize that individual construction projects may only be one or two years in duration, preventing some workers from ever being able to change unions under the current system.

B.C. has alternated several times between the one- and two-step systems. The current two-step system has been in place since 2001. According to the government, during 1973-1984 and 1993-2001, when the single-step certification system was in place, B.C. had higher union certification rates.

While the government’s decision was welcomed by various unions, Business associations expressed their criticism. The Independent Contractors and Businesses Association (ICBA) condemned the NDP Government’s announcement. ICBA said in a statement that by scrapping the secret ballot, the NDP Government is ignoring its own Labour Relations Code Review Panel, which found in 2018 that: “The secret ballot vote is the most consistent with our democratic norms, protects the fundamental right of freedom of association and choice, and is preferred.”

The Surrey Board of Trade along with Greater Vancouver Board of Trade, BC Chamber of Commerce, Business Council of BCCanadian Federation of Independent Business issued the following remarks. “The right to choose union representation is guaranteed through legislation. The method of how workers choose to decide who should represent them is critical. Fundamentally, Bill 10 significantly weakens the democratic right for workers to exercise choice through a secret ballot. These changes also follow significant changes to the Labour Relations Code in 2019.We are disappointed that the Minister did not fulfill his 2022 mandate letter responsibility to “create new consultative mechanisms to engage employer and worker representatives in consideration of any changes proposed to workplace legislation to ensure the widest possible support.”