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BC - Can I be fired for trying to decertify?

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BC - Can I be fired for trying to decertify?

Postby NC » Fri May 27, 2011 12:13 pm

An email I received...

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.
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 for… 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.
The dichotomy arises when applied to some union Constitutions that state pretty emphatically that one is “in bad standingâ€

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Postby JJ » Sat May 28, 2011 2:22 pm

I sent three decisions to your email, i can't post to the site so you will have to. they are bc decisions that support the idea that employees are protected from their unions when participating in board proceedings, or making applications pursuant to the labour code.

B302 - (1998) is directly related to a decert vote.
C217 - (1989) is directly related to a decert vote.
B8 - (1988) is related to a vote that the unions forbid employees to take part in.

The board finds against the union in all these cases. in particular in the first two both unions try to persue the employees for trying to decertify and both lose.

*** NC added the Links to JJ's post ***

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