The Labour Relations Code states that every employee is free to be a member of a trade union and to participate in its lawful activities. The Code prohibits threats or intimidation which interferes with an employee’s free choice about joining or not joining a trade union. Suspensions, dismissals or other discipline are often found to be violations of the Code.
Rights of employers and employees (Labour Relations Board of British Columbia)
4 (1) Every employee is free to be a member of a trade union and to participate in its lawful activities.
(2) Every employer is free to be a member of an employers’ organization and to participate in its lawful activities.
Unfair labour practices (Labour Relations Board of British Columbia)
6 (1) Except as otherwise provided in section 8, an employer or a person acting on behalf of an employer must not participate in or interfere with the formation, selection or administration of a trade union or contribute financial or other support to it.
(2) Despite this section, an employer may permit an employee or representative of a trade union to confer with the employer during working hours or to attend to the trade union’s business during working hours without deducting time so occupied in computing the time worked for the employer and without deducting wages for that time.
(3) An employer or a person acting on behalf of an employer must not
(a) discharge, suspend, transfer, lay off or otherwise discipline an employee, refuse to employ or to continue to employ a person or discriminate against a person in regard to employment or a condition of employment because the person
(i) is or proposes to become or seeks to induce another person to become a member or officer of a trade union, or
(ii) participates in the promotion, formation or administration of a trade union,
(b) discharge, suspend, transfer, lay off or otherwise discipline an employee except for proper cause when a trade union is in the process of conducting a certification campaign for employees of that employer,
(c) impose in a contract of employment a condition that seeks to restrain an employee from exercising his or her rights under this Code,
(d) seek by intimidation, by dismissal, by threat of dismissal or by any other kind of threat, or by the imposition of a penalty, or by a promise, or by a wage increase, or by altering any other terms or conditions of employment, to compel or to induce an employee to refrain from becoming or continuing to be a member or officer or representative of a trade union.