- June 9, 2021
- Jurisdiction/Cases Involving Rival Unions
This decision is the culmination of the Section 41 review, which began on February 4, 2008. As a package resolution of the issued raised to date by the Section 41 process, the Board made the following orders and directions:
- The Film Council, UBCP and DGC-BC will establish an association which will meet regularly to enhance communication, consultation and co-operation among the three unions and producers regarding industry and labour relations issues and to promote and enhance the competitive position of the BC film industry and expanding work opportunities within it (without duplicating the work of MPPIA and SAFER). The Board will be available to facilitate meetings, as necessary.
- In future rounds of collective bargaining between the producer representatives (AMPTP and the CFTPA) and the Film Council, UBCP and DGC-BC, the following requirements apply presumptively. The three unions are required to:
- Identify common collective bargaining issues and co-ordinate bargaining with respect to those common issues.
- Provide each other with general updates on the progress of bargaining relating to issues that are not common.
- Consult with each other when a decision to conduct a strike vote is a real possibility and before a final decision to conduct a strike vote is made.
- Continue the practice of common expiry dates for collective agreements.
- Continue the practice of “safe harbor” arrangements established in previous rounds of collective bargaining, subject of a timely and successful application to the Board that the presumption in favour of continuing the practice is rebutted.
- Where a valid voluntary recognition agreement (VVRA) is in place for a production, no application for certification may be made for the group of employees covered by the VVRA. Where no VVRA is in place, an application for certification can be made if such an application for certification is granted, a collective agreement, the terms of which will be determined by the Board, presumptively applies. The parties will work with the Board through a consultative process to develop the test for determining when a VVRA is in place and the terms of the presumptive collective agreement.
- An industry working group (the Working Group) comprised of representatives of the parties and facilitated by the Board will be established to explore, study and develop recommendations for more co-operative labour relations approaches in the B.C. industry. In that regard, the Working Group will adopt a best practices approach. The Working Group will also examine and make recommendations relating to the issue of whether the line between the exclusive and non-exclusive zones should be adjusted, and if so, how.
- AMPTP, CFTPA and UPCP will form a sub-committee of the Working Group to examine and make recommendations regarding how to resolve the concerns of both relating to UBCP’s approach to collective agreement administration, particularly with respect to what has been described as the “audit” approach.
The Board will facilitate this process as necessary and remain seized to resolve any issue the parties are unable to resolve themselves.