Section 1 definition of "agency" BEFORE amended by 2004-60-96(a), effective July 1, 2005 (BC Reg 231/2005).
"agency" means an organization or a person that enters into a contract with the government to provide community social services;
Section 1 definition of "authority" was added by 2004-60-96(b), effective July 1, 2005 (BC Reg 231/2005).
Section 2 (1) BEFORE amended by 2004-60-97(a), effective July 1, 2005 (BC Reg 231/2005).
(1) CSSEA is deemed to be the accredited bargaining agent for agencies that are members of CSSEA whose employees are represented by a trade union.
Section 2 (2) BEFORE amended by 2004-60-97(b), effective July 1, 2005 (BC Reg 231/2005).
(2) CSSEA has exclusive authority to bargain collectively on behalf of agencies referred to in subsection (1) and to bind them by a collective agreement.
Section 5 (1) BEFORE amended by 2004-60-99, effective July 1, 2005 (BC Reg 231/2005).
(1) Despite section 4, if the Minister of Skills Development and Labour determines that
(a) the delivery of community social services generally, or the flexibility of delivery, would be improved,
(b) the cost effectiveness of service delivery in the community social services sector would be better served, or
(c) the public interest would be better served
if there were only one union representing employees in the bargaining unit, the Minister of Skills Development and Labour may direct the Labour Relations Board to conduct a vote to determine which union will represent all of the employees in the respective bargaining units.
Section 5 (1) and (2) BEFORE amended by BC Reg 5/2010 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).
(1) Despite section 4, if the Minister of Skills Development and Labour determines that
(a) the delivery of community social services generally, or the flexibility of delivery, would be improved,
(b) the cost effectiveness of service delivery in the community social services sector would be better served, or
(c) the public interest would be better served
if there were only one union representing employees in the bargaining units established under section 3, the Minister of Skills Development and Labour may direct the Labour Relations Board to conduct a vote to determine which union will represent all of the employees in the respective bargaining units.
(2) If the Minister of Skills Development and Labour issues a directive under subsection (1), the Labour Relations Board must conduct the vote within 45 days of receipt of the directive.
Section 6 BEFORE re-enacted by 2004-60-100, effective July 1, 2005 (BC Reg 231/2005).
Volunteers and family home providers
6 A collective agreement must not contain any provision that directly or indirectly
(a) prevents an agency from using volunteers, if the use of volunteers does not result in the layoff of an employee, and
(b) limits the government or an agency from entering into a contract with a family home provider.
Section 7 BEFORE amended by 2004-60-101, effective July 1, 2005 (BC Reg 231/2005).
7 (1) A collective agreement to which the government is a party does not bind, and section 35 of the Code does not apply to, an agency that contracts with the government.
(2) An arbitrator or the Labour Relations Board must not declare a person who
(a) provides services under a contract between the government and an agency, or
(b) is an employee of an agency
to be an employee of the government unless that person is fully integrated into the operations of, and under the control and direction of, the government.
(3) The Health and Social Services Delivery Improvement Act applies to an agency whose employees are represented by a trade union whether or not that agency is a member of CSSEA.
(4) The minister may withhold or reduce
(a) a grant, other than a debt service grant, or
(b) an amount payable to an agency under a contract with the government
if the operating expenses of an agency have been reduced during a strike or lockout as defined in the Code.
(5) The minister may direct an audit of an agency to determine the amount of the reduction in operating expenses as a result of a strike or lockout.