B.C. unveils new labor code

British Columbia’s mining industry is expressing concerns about Bill 84, the new labor relations code introduced in the provincial legislature in late October.

Tom Waterland, president of the Mining Association of British Columbia, said the code has positive provisions. “However, there are some parts which cause us serious concern and which tilt a previously level playing field in favor of unions.” Other issues, including common site picketing and successorship provisions, will require clarification, he added. Waterland called section 23, which eliminates the right of a secret ballot vote by individuals for determination of employee wishes, “a denigration of democratic principles.” He also said sections involving secondary boycotts denigrate the democratic rights of “third parties.”

Concern was also expressed over the elimination of a provision allowing an employer to apply for decertification if no employees have been in the bargaining unit for two years.

The hiring of replacement workers will be disallowed, although this is not a common practice in the province’s mining industry. Waterland said removing the ability to continue the operations of an enterprise during a strike “will discourage investment in B.C.”

The industry appreciates new mechanisms designed to expedite quick resolution of grievances, first contract arbitration and dispute resolution, as well as the retention of last offer votes.