Labour Relations Code
Drug & Alcohol Dependency and the Employer’s Duty to Accommodate
Employees concerned with their alcohol and drug use or showing signs of dependency can significantly impact the workplace and negatively impact attendance, performance, behaviour and safety. Furthermore, given that British Columbia’s human rights legislation includes drug and alcohol dependencies within the meaning of disability under the Human Rights Code, employers have a legal obligation to accommodate these disabilities within their organization.
Certification and Decertification Process
The certification process formalizes the collective bargaining relationship. Once a union is certified for a group of employees, the union becomes their exclusive bargaining agent. Unless the bargaining unit is later decertified, the employer is required to bargain in good faith to reach a collective agreement.
With a certification, a union gains the right to compel the employer to engage in collective bargaining with the union on behalf of the employees it represents. The goal of collective bargaining is a collective agreement, which is a binding contract between the union and employer concerning the terms and conditions of employment for employees in the bargaining unit.
Bargaining in Good Faith
Once a notice to commence bargaining has been served, the union and the employer must begin bargaining in good faith within 10 days.