Unit determination under the labour code
University of British Columbia
Master of Laws - LLM
The structure of bargaining units and the principles governing their creation have not been the subject of extensive analysis in Canadian labour law. It is the object of this work to canvass the work of the British Columbia Labour Relations Board in this area. The introductory portion of this study focusses on the conceptual alternatives which underlie the process of unit determination and identifies the concerns of the parties to that process. Against this background, the study reviews the process of unit determination as it transpired prior to the passage of the Labour Code of British Columbia, S.B.C. 1973 (2nd Sess.) c. 122 and amendments thereto. Four categories of influential factors are isolated and commented upon. The thesis concludes with an extensive examination of the jurisprudence of the British Columbia Labour Relations Board as it relates to the process of unit determination. Further, an inquiry is made into other areas which are concerned with the structure of bargaining to determine whether there is consistent application of policy. The conclusions reached are that the approach followed by the British Columbia Labour Relations Board is a worthwhile model and is consistent in its isolation of the structure of bargaining as a major factor in industrial unrest.
Law, Peter A. Allard School of