If the Union is found guilty the Labour Relations Board of British Columbia has the authority to impose a wide range of penalties.

When a complaint containing sufficient information is filed, a Registrar of the Labour Board will acknowledge receipt of the complaint and forward a copy to those persons who are affected, for example: an individual, a Union and/or an Employer. The Registrar will give these persons instructions for replying and a deadline to file their reply and later any responses to the replies of others.

The Registrar usually appoints a labour relations officer, who will contact the parties to assist them in resolving the complaint. If the parties are unable to reach a settlement, the officer must refer the complaint to the Labour Board for adjudication (“judging”).

In complaints which remain unresolved, the officer will file a detailed report with the Vice Chair that will hear the case, decide, and then send a copy of the report to the parties. The report to the Labour Board will not include any confidential information provided to the officer by any of the parties during the settlement attempts.

If a complaint is not settled, the Labour Board may schedule a hearing or decide based on written submissions. If they find that the Union acted illegally, but that the Union’s conduct did not change or affect the outcome of a certification vote, the Labour Board will generally not dismiss the Union’s certification application.

• The Union can be ordered to reinstate someone to membership in the Union.
• The Labour Board can order the Union to rescind any disciplinary action taken in respect of any Employee in contravention of the Code.
• Direct the Union to take other steps to correct the ULP.
• Dismiss the certification application.

Generally, the more serious the breach of the British Columbia Labour Relations Code the more serious the penalty.

It’s not really possible to say what the penalty for any specific item or action would be. So much depends on the specific circumstances and context. For example, if the actions complained about had no real effect on the Employees’ ability to express their wishes about being represented by a Union, then the penalty, if any, will tend to be less serious.