Question 3
You asked: Are both parties required by law to record minutes of every single meeting bargaining regardless of the topic?
Let’s get into it.
The short answer is NO.
The only “laws” that govern collective bargaining are found in the BC Labour Code, specifically in Part 4. I have included the entire section for your perusal. You may find it interesting to know what IS legally required of the parties.
The more expansive answer to your question is that both parties keep extensive notes about what is discussed during bargaining. They are not “minutes” but rather “bargaining notes”. Even within the Union, there is no obligation to share bargaining notes with the general membership. They are used (and saved) for assisting in “interpretations” and “intent” behind bargaining proposals and are a reliable source for the history of bargaining between the same parties. These notes are considered “contemporaneous” documents and are admissible in arbitrations regarding contract interpretations.
Thank you for your question.
Part 4 — Collective Bargaining Procedures
Division 1 — General
Notice to bargain collectively
45 (1) When the board certifies a trade union as the bargaining agent for employees in a unit and a collective agreement is not in force,
(a) the trade union may by written notice require the employer to commence collective bargaining, or the employer may by written notice require the trade union to commence collective bargaining, and
(b) subject to subsection (1.1), the employer must not increase or decrease the rate of pay of an employee in the unit or alter another term or condition of employment until
(i) 12 months after the board certifies the trade union as bargaining agent for the unit, or
(ii) a collective agreement is executed,
whichever occurs first.
(1.1) If an application is made under section 55 during the period referred to in subsection (1) (b) (i) and the process under section 55 has not concluded before the end of that period, the employer must not increase or decrease the rate of pay of an employee in the unit or alter another term or condition of employment until the conclusion of a collective agreement, the commencement of a strike or lockout or another conclusion of the process under section 55.
(2) If notice to commence collective bargaining has been given and the term of a collective agreement that was in force between the parties has expired, the employer or the trade union must not, except with the consent of the other, alter any term or condition of employment, until
(a) a strike or lockout has commenced,
(b) a new collective agreement has been negotiated, or
(c) the right of the trade union to represent the employees in the bargaining unit has been terminated,
whichever occurs first.
(3) Despite subsection (1), the board, after notice to the trade union, may
(a) authorize an employer to increase or decrease the rate of pay of an employee in the unit, or alter a term or condition of employment, and
(b) specify conditions to be observed by an employer so authorized.
(4) This section must not be construed as affecting the right of an employer to suspend, transfer, lay off, discharge or otherwise discipline an employee for proper cause.
Notice before expiry of agreement
46 (1) Either party to a collective agreement, whether entered into before or after the coming into force of this Code, may at any time within 4 months immediately preceding the expiry of the agreement, by written notice require the other party to commence collective bargaining.
(2) A copy of the notice given under section 45 and the notice with the endorsement referred to in this section must be sent by registered mail to the associate chair of the Mediation Division within 3 days after notice is given under subsection (1) of this section.
(3) The endorsement must state where, when and to whom the original notice was given.
(4) If a notice is not given under subsection (1) by either party 90 days or more before the expiry of the agreement, both parties are deemed to have given notice under this section 90 days before the expiry.
Collective bargaining
47 If notice to commence collective bargaining has been given
(a) under section 45, the trade union and the employer, or
(b) under section 46, the parties to the collective agreement
must, within 10 days after the date of the notice, commence to bargain collectively in good faith, and make every reasonable effort to conclude a collective agreement or a renewal or revision of it.
Parties bound by collective agreement
48 A collective agreement is binding on
(a) a trade union that has entered into it or on whose behalf a council of trade unions has entered into it, and every employee of an employer who has entered into it and who is included in or affected by the agreement, and
(b) an employer who has entered into it and on whose behalf an employers' organization authorized by that employer has entered into it.
Terms of collective agreement to be carried out
49 (1) A person bound by a collective agreement, whether entered into before or after the coming into force of this Code, must
(a) do everything the person is required to do, and
(b) refrain from doing anything the person is required to refrain from doing
by the provisions of the collective agreement.
(2) A failure to meet a requirement of subsection (1) is a contravention of this Code.
(3) If an agreement is reached as the result of collective bargaining, both parties must execute it.
(4) Nothing in this section requires or authorizes a person to do anything that conflicts with a requirement of or under this Code.
(5) If there is any conflict between a provision of a collective agreement and a requirement of or under this Code, the requirement of or under this Code prevails.
Agreement for less than one year
50 (1) Despite anything contained in it, a collective agreement, whether entered into before or after the coming into force of this Code, must, if for a term of less than one year, be deemed to be for a term of one year from the date it came or comes into operation, and must not, except with the minister's consent be terminated by the parties within a period of one year from that date.
(2) Subject to subsection (4), if a collective agreement is for a term of more than one year, either party may at any time after the agreement has been in operation for 8 months apply to the minister for leave to notify the other party that the agreement will be terminated on its next anniversary date.
(3) If the minister consents to the application under subsection (2) and the notice to terminate is served on the other party at least 3 months before the date on which the agreement is to be terminated, the agreement is terminated on that date.
(4) At the time of making a collective agreement for more than a year, the parties may, in the agreement, specifically exclude the operation of subsections (2) and (3), and in that event subsections (2) and (3) do not apply to the agreement.
Copies of collective agreements to be filed
51 (1) Each of the parties to a collective agreement must, within 30 days after its execution, file a copy of it with the board.
(2) Subsection (1) applies in relation to any renewal or revision of a collective agreement and any ancillary agreement that comes within the meaning of collective agreement.
(3) If a collective agreement is not filed with the board in accordance with subsection (1), the board may decline to consider the collective agreement in any proceeding before the board.
Extraprovincial companies
52 (1) An extraprovincial company for which a trade union has been certified as bargaining agent for a unit of employees of that company must, within 5 days of the certification, appoint a person resident in British Columbia with authority to bargain collectively to
(a) conclude a collective agreement with the trade union, and
(b) sign the agreement on behalf of the company.
(2) A collective agreement signed by a person appointed under subsection (1) is binding on the company.
(3) If the minister believes that no appointment has been made as required by subsection (1), the minister may make the appointment and notify the company and the trade union, and that appointment is as binding on the company as if the person were appointed by the company.