(b) the parties have negotiated in good faith the conclusion of a collective agreement, but are unable to reach agreement on a clause or condition of employment that can be included in an arbitration award. The bill also amends the Essential Services Act, which will now apply only to essential government services and services to children and families. The arbitrator must, within 30 days of the date of the appointment or within a longer period of time at which the parties consent, issue an arbitral award regulating the terms of an essential service agreement between the parties. Examples of public services that may be considered essential are: the code requires employers and unions to maintain certain services essential to the public when working in a labour dispute. Essential services are those related to the health, safety or well-being of B.C. residents. Note that the above example only applies to BSOs – essential and non-essential tasks can and will vary from position to position. However, in all cases, the standard is the same: obligations are considered essential when necessary for public safety. The employer sends an e-mail communication to members who consider tasks to be essential. It is important to note that while these public services are generally considered essential, it is necessary to determine, on a case-by-case basis, whether the tasks performed are actually essential or not. To facilitate resolution, parties to essential service disputes have the full scope of mediation and other supports available to all bargaining relationships covered by the Code. These will be discussed in the next chapter of this manual.
If the Minister of Labour and Citizen Services considers a labour dispute to be a danger to the health, safety or well-being of the province`s residents, he or she may order the Board of Directors to designate essential services. The designation of essential services involves identifying the facilities and level of performance needed to prevent an immediate and serious danger to the public. If the Board of Directors considers services to be essential, the employer is required to provide these services and the union is required to authorize its members to provide these services in the event of a strike or lockout. 131 If, despite a provision of this division, the employer or negotiator believes that a temporary amendment to an essential service agreement or its suspension is necessary because of an emergency, but the parties are unable to agree, one of the two parties may at any time, with the House, temporarily amend the suspension of the agreement. An agreement on essential services is intended to enable the employer to continue to provide essential services in the event of a work stoppage. The minimum requirements for such an essential service agreement are as follows: this bill introduces a new system to ensure that in the event of a strike or lockout, essential health care is provided. The law requires employers in the health sector and unions representing their employees to enter into an essential service agreement. If there is no agreement, the union cannot strike and the employer cannot block the workers.
An employer and a union that are parties to a collective agreement and do not have an essential service agreement must enter into negotiations on an essential service contract. Despite the contrary agreement, an essential service contract applies until it is terminated in accordance with this section. If a strike or lockout has begun, it may continue, but it is subject to any essential service by the Council. In this case, the union and the employer may be required to restore disused services.