Section 1 definitions of "employers' association", "local matters", "school board", "support staff union" and "teachers' union" BEFORE amended by 2007-29-44,Sch, effective July 1, 2007 (BC Reg 229/2007).
"employers' association" means the employers' association established for school boards under section 6 of the Public Sector Employers Act;
"local matters" means matters that are designated under section 7 as matters to be determined by collective bargaining between teachers' unions and school boards;
"school board" means a board as defined in the School Act and includes a francophone education authority as defined in the School Act;
"support staff union" means a trade union representing employees of a school board other than teachers;
"teachers' union" means a trade union representing the teachers employed by a school board.
Section 2 (b) BEFORE amended by 2007-29-44,Sch, effective July 1, 2007 (BC Reg 229/2007).
(b) to establish a Provincial two-tiered system of collective bargaining for school boards and trade unions representing teachers,
Section 4 (a) and (b) BEFORE amended by 2007-29-44,Sch, effective July 1, 2007 (BC Reg 229/2007).
(a) is deemed to be the accredited bargaining agent for every school board in British Columbia, and
(b) has exclusive authority to bargain collectively for the school boards and to bind the school boards by collective agreement.
Section 5 (1) BEFORE amended by 2007-29-44,Sch, effective July 1, 2007 (BC Reg 229/2007).
(1) For the purpose of teacher collective bargaining, the bargaining unit is deemed to consist of all teachers and all francophone teachers, as defined in the School Act, and includes those employees of a school board referred to in Schedule 1 or included in the bargaining unit under subsection (2).
Section 7 (4) (b) BEFORE repealed by 2002-3-16, effective January 28, 2002 (Royal Assent).
(b) workload, including, without limitation, class size restrictions, and
Section 7 (5) BEFORE amended by BC Reg 5/10 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).
(5) If the employers' association and the Provincial union are unable to agree on a designation under subsection (2) in the negotiations for the first Provincial agreement only, on the request of both parties or on his or her own motion, the Minister of Skills, Training and Labour may appoint a person to arbitrate a dispute with respect to the designation.
Section 7 (4.1) BEFORE amended by 2012-3-11(b), effective July 1, 2013.
(4.1) In addition to the matters referred to in subsection (3), matters referred to in section 28 (1) (a) and (b) of the School Act respecting provisions referred to in section 27 (3) (d) to (j) of that Act are deemed to be Provincial matters.
Section 7 (5) BEFORE amended by 2023-10-925, effective March 30, 2023 (Royal Assent).
(5) If the employers' association and the Provincial union are unable to agree on a designation under subsection (2) in the negotiations for the first Provincial agreement only, on the request of both parties or on his or her own motion, the minister responsible for the administration of the Labour Relations Code may appoint a person to arbitrate a dispute with respect to the designation.
Section 8 (1), (2), (3) and (4) BEFORE amended by 2007-29-44,Sch, effective July 1, 2007 (BC Reg 229/2007).
(1) The employers' association must establish policies and procedures with respect to delegation of authority to school boards to enter into local agreements with teachers' unions in respect of any local matters, except as provided in subsection (4).
(2) The Provincial union must establish policies and procedures with respect to delegation of authority to teachers' unions to enter into local agreements with school boards in respect of any of the local matters, except as provided in subsection (4).
(3) If a school board and a teachers' union are unable to agree with respect to a local matter delegated to them under subsections (1) and (2), either party may refer the dispute to Provincial bargaining.
(4) The Provincial union and the employers' association must not delegate authority to declare or authorize a strike or lockout, and no teachers' union or school board may declare or authorize a strike or lockout.
Section 10 (1) definition of "local agreement" BEFORE amended by 2007-29-44,Sch, effective July 1, 2007 (BC Reg 229/2007).
"local agreement" means a collective agreement entered into between a school board and a teachers' union before the date on which this Act comes into force;
Section 10 (9) (a) and (b) BEFORE amended by 2007-29-44,Sch, effective July 1, 2007 (BC Reg 229/2007).
(a) before July 1, 1994, the teachers' union gives written notice to the school board, the Provincial union and the employers' association that the agreement will expire on June 30, 1994, or
(b) after June 30, 1994, the teachers' union and the school board give written notice of a specific date of expiry to the Provincial union and to the employers' association, provided that the notice is received on or before the specified date of expiry.
Section 11 BEFORE amended by 2007-29-44,Sch, effective July 1, 2007 (BC Reg 229/2007).
Transitional — accreditations
11 The accreditation of any employers' organization as bargaining agent for any school board that is in force on the day on which this Act comes into force is cancelled and any rights or obligations of the employers' organization with respect to the accreditation are transferred to the employers' association.
Schedule 2, section 2 BEFORE amended by 2007-29-44,Sch, effective July 1, 2007 (BC Reg 229/2007).
2 The employers' association established for school boards under section 6 of the Public Sector Employers Act is the exclusive bargaining representative for the school board under the Public Education Labour Relations Act.
Schedule 2, section 3 (1) BEFORE amended by 2007-29-44,Sch, effective July 1, 2007 (BC Reg 229/2007).
3 (1) The school board recognizes the Provincial union established under the Public Education Labour Relations Act as the bargaining agent for employees covered by this agreement in accordance with that Act.
Schedule 2, section 4 BEFORE amended by 2007-29-44,Sch, effective July 1, 2007 (BC Reg 229/2007).
4 The school board shall grant a leave of absence without pay to an employee designated by the Provincial union for the purpose of participating in collective bargaining activities on behalf of the Provincial union.