To those not clear, BC allows the draconian labour law that if you become a member in bad standing you *can* be fired from your job if the union asks it, and there is a "security clause" in the Collective Agreement.
The dichotomy arises when applied to some union Constitutions that state pretty emphatically that one is â€œin bad standingâ€I was asked a question about whether one could be fired for running a decert in BC.
I have yet to read a CA that does *not* have a security clause, even in the Federal sector, where you expressly *cannot* be fired for being a member in bad standing.
The question poses a dichotomy, because the BC Code states pretty directly (I think) that one cannot be fired for making an application under the Code, or forâ€¦ here:
[Section 5] Prohibition against dismissals, etc., for exercising employee rights
5 (1) A person must not
(a) refuse to employ or refuse to continue to employ a person,
(b) threaten dismissal of or otherwise threaten a person,
(c) discriminate against or threaten to discriminate against a person with respect to employment or a term or condition of employment or membership in a trade union, or
(d) intimidate or coerce or impose a pecuniary or other penalty on a person, because of a belief that the person may testify in a proceeding under this Code or because the person has made or is about to make a disclosure that may be required of the person in a proceeding under this Code or because the person has made an application, filed a complaint or otherwise exercised a right conferred by or under this Code or because the person has participated or is about to participate in a proceeding under this Code.