Report on Recent Union Certifications in British Columbia and their Alignment with Sustainable Development Goals

Introduction: Advancing Decent Work and Institutional Justice

In July, two landmark decisions by the British Columbia Labour Relations Board (BCLRB) marked significant progress towards the United Nations Sustainable Development Goals (SDGs), particularly SDG 8 (Decent Work and Economic Growth) and SDG 16 (Peace, Justice and Strong Institutions). The certification of unions at Uber and an Amazon facility highlights the critical role of robust provincial legal frameworks in protecting labour rights and promoting economic justice for workers in precarious employment sectors.

Case Study 1: Uber Drivers Unionization and Progress on SDG 8

The certification of the United Food and Commercial Workers (UFCW-Canada) as the bargaining representative for over 500 Uber drivers in Victoria directly addresses SDG Target 8.8, which calls for the protection of labour rights and the promotion of safe and secure working environments for all workers, especially those in precarious employment.

Key Legal Mechanisms Supporting SDG 8 and SDG 16

The union’s success was facilitated by provincial labour laws that exemplify the strong and effective institutions required by SDG 16. These legal rules streamline access to collective bargaining, a cornerstone of decent work.

1. Card-Check Certification: This process allows for union certification based on majority support demonstrated through membership cards (above 55% in B.C.), rather than a mandatory vote. This institutional efficiency reduces employer interference and expedites workers’ access to their right to collective bargaining, advancing SDG 8.
2. Dependent Contractor Recognition: The B.C. Labour Relations Code includes “dependent contractors” under the definition of “employee.” This is a crucial policy for achieving SDG 10 (Reduced Inequalities) by ensuring that gig economy workers, who exist in a state of economic dependence, are not excluded from fundamental labour protections. Uber did not contest the dependent contractor status of its drivers, acknowledging this legal reality.

This outcome, the first unionized unit of Uber drivers in North America, sets a vital precedent for extending the principles of decent work into the growing platform economy.

Case Study 2: Amazon Certification and Upholding SDG 16

The certification of Unifor at an Amazon distribution centre in Vancouver followed a different path, one that underscored the importance of strong institutions (SDG 16) in remedying unfair labour practices that contravene the principles of SDG 8.

Unfair Labour Practices and Institutional Response

Amazon engaged in a significant anti-union campaign, which the BCLRB found to be unlawful. These actions directly undermined the ability of workers to freely choose representation, a fundamental component of decent work.

• The company artificially inflated the number of employees to dilute union support.
• Management conducted a “bombardment” of anti-union propaganda, including implied threats regarding the loss of existing benefits.

In response, the BCLRB applied a powerful legal remedy to ensure justice and uphold workers’ rights.

Remedial Certification as a Tool for Justice

The BCLRB ordered a remedial certification, granting the union bargaining rights without a vote due to the severity of the employer’s unlawful conduct. This measure is a critical function of an effective and just institution (SDG 16), serving two primary purposes:

• It provides a remedy where employer misconduct has made it impossible to determine the true wishes of employees.
• It acts as a significant deterrent against illegal union-busting activities, promoting corporate accountability and respect for labour law.

Conclusion: Legal Frameworks as a Foundation for Sustainable Development

The unionization victories in British Columbia demonstrate how effective labour legislation can directly contribute to achieving the Sustainable Development Goals. Legal provisions such as card-check certification, the inclusion of dependent contractors, and the power of remedial certification are not merely administrative rules; they are essential policy tools for building a more equitable and sustainable economy.

These cases advance:

• SDG 8 (Decent Work and Economic Growth): By guaranteeing access to collective bargaining and protecting the rights of all workers.
• SDG 10 (Reduced Inequalities): By extending protections to precarious gig workers and ensuring a fairer distribution of economic gains.
• SDG 16 (Peace, Justice and Strong Institutions): By showcasing an effective labour relations board capable of upholding the rule of law and remedying injustice.

While the subsequent collective bargaining process will present further challenges, these certifications represent a foundational step. They affirm that with strong institutional and legal support, progress towards decent work for all is achievable, even in the face of corporate opposition.

Analysis of Sustainable Development Goals in the Article

1. Which SDGs are addressed or connected to the issues highlighted in the article?

1. SDG 8: Decent Work and Economic Growth
   • The entire article revolves around labor rights, the process of unionization, and collective bargaining for workers at Uber and Amazon. These topics are central to the concept of “decent work,” which includes the right to organize, fair wages, and secure working conditions. The article discusses legal mechanisms designed to protect and promote these rights for all workers, including those in precarious employment like gig economy drivers.
2. SDG 10: Reduced Inequalities
   • The article highlights the power imbalance between large corporations (Uber, Amazon) and their workers. The legal provisions discussed, such as recognizing “dependent contractors” and providing “remedial certification,” are policies aimed at reducing this inequality by empowering workers and giving them a collective voice to negotiate fairer terms of employment.
3. SDG 16: Peace, Justice and Strong Institutions
   • The article emphasizes the crucial role of legal frameworks (the B.C. Labour Relations Code) and government bodies (the British Columbia Labour Relations Board – BCLRB). It showcases how these institutions function to provide access to justice for workers, enforce labor laws, and hold powerful corporations accountable for unlawful actions, thereby promoting the rule of law and building effective, transparent institutions.

2. What specific targets under those SDGs can be identified based on the article’s content?

1. Under SDG 8: Decent Work and Economic Growth
   • Target 8.8: “Protect labour rights and promote safe and secure working environments for all workers, including migrant workers, in particular women migrants, and those in precarious employment.” The article directly addresses this by detailing the successful unionization of Uber drivers, who are often considered to be in precarious employment. The legal recognition of “dependent contractors” is a specific policy measure to protect the labor rights of this group.
2. Under SDG 10: Reduced Inequalities
   • Target 10.4: “Adopt policies, especially fiscal, wage and social protection policies, and progressively achieve greater equality.” The B.C. Labour Relations Code, with its provisions for card-check certification and remedial certification, represents a social protection policy designed to create a more level playing field between employers and employees, thus contributing to greater equality.
3. Under SDG 16: Peace, Justice and Strong Institutions
   • Target 16.3: “Promote the rule of law at the national and international levels and ensure equal access to justice for all.” The BCLRB’s decision to grant “remedial certification” to Amazon workers after the company engaged in unlawful “union-busting” activities is a clear example of an institution providing access to justice and upholding the rule of law against a powerful entity.
   • Target 16.6: “Develop effective, accountable and transparent institutions at all levels.” The article portrays the BCLRB as an effective and accountable institution that interprets and applies the Labour Relations Code to certify unions and remedy unfair labor practices, as seen in both the Uber and Amazon cases.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

1. Indicators for Target 8.8 (Protecting Labour Rights)
   • Legal recognition of workers in precarious employment: The article explicitly mentions that the B.C. Code requires that “‘dependent contractors’ be treated as ‘employees’ for the purposes of collective bargaining.” The application of this rule to Uber drivers is a direct indicator of progress.
   • Union density/coverage: The successful certification of unions for “over 500 UBER drivers” and “hundreds of employees” at Amazon indicates an increase in the number of workers covered by collective bargaining agreements. The threshold for card-check certification, “greater than 55 percent of drivers in the bargaining unit,” is a specific metric mentioned.
2. Indicators for Target 10.4 (Adopting Policies for Equality)
   • Existence of pro-unionization legislation: The article identifies specific legal rules like “card-check certification” and the legal definition of “dependent contractor” as policies that facilitate unionization and empower workers, serving as an indicator of policy adoption.
3. Indicators for Target 16.3 & 16.6 (Justice and Strong Institutions)
   • Number of remedial actions against unlawful employer practices: The article provides a specific statistic that the “Amazon order is just the 14th remedial certification granted by the BCLRB since 2014.” This number serves as a direct indicator of the institution’s activity in providing remedies and access to justice.
   • Number of union certifications processed: The certification of both the UFCW for Uber drivers and Unifor for Amazon employees by the BCLRB are events that can be counted to measure the institution’s effectiveness in carrying out its mandate.

4. Summary Table of SDGs, Targets, and Indicators

Source: onlabor.org