December 11, 2023
The board consists of the chair, a number of vice-chairs and an equal number of part-time representatives of both employers and unions, who are called members. The chair, vice-chairs and members are all appointed by the Lieutenant Governor in Council (i.e., the provincial Cabinet) for specific terms of office, and each is an experienced practitioner in the field of labour relations.
The board has two divisions, an adjudication division and a mediation division. Through the adjudication division, the board conducts formal hearings, or requests written submissions, to adjudicate complaints and applications under the code. The mediation division provides assistance to employers and unions in collective bargaining or in improving their ongoing relationships.
The board is where employers, unions and, in some circumstances, employees go to resolve any question or dispute arising out of the interpretation or application of the code. The board has the exclusive jurisdiction to hear and decide such matters by issuing an award that is binding on the parties. The board also has the jurisdiction to reconsider its own decisions in certain circumstances.
A few examples of matters commonly considered at the Labour Relations Board include unfair labour practice complaints, certification applications and any disputes arising from the certification process.
Board hearings are less formal than court trials, and board staff will typically make an effort to assist the parties in reaching an agreement during the hearing process without requiring a board ruling. It is common for applications to the board to be voluntarily settled with the assistance of board staff.
Once the board has made a decision, it is binding on the parties. Should a board decision be ignored by any of the parties, the decision may be filed in the Supreme Court of British Columbia. Once filed, the decision will have the same force, and be enforceable in the same manner, as an order of the Supreme Court.
For more information concerning the specific powers and remedial authority of the board, visit About The Labour Relations Board.
Information provided by HARRIS & COMPANY. For more information about HARRIS & COMPANY, please visit harrisco.com.
Additional Information provided by Mathews Dinsdale & Clark LLP. The information provided in this article is necessarily of a general nature and must not be regarded as legal advice. For more information about Mathews Dinsdale & Clark LLP, please visit mathewsdinsdale.com.
This article may not be republished without the express permission of the copyright owner identified in the article.
go2HR is BC’s tourism & hospitality, human resources and health & safety association, driving strong workforces and safe workplaces that deliver world-class tourism and hospitality experiences in BC. Follow us on LinkedIn or reach out to our team.
