Home / Archive by category "New Decision"

New Decision

Post-Incident Drug and Alcohol Test was Unreasonable – Grievor Awarded Damages for Breach of Privacy

Posted on by banister
Interfor Corporation v United Steelworkers, Local 1-405, 2022 CanLII 15915 (BC LA) The grievor, a sawmill worker, was moving empty Oxygen and Acetylene cylinders on pallets using a forklift. After he failed to properly secure a load of cylinders, they spilled from the pallet onto the ground. The employer conducted an investigation and concluded the spill had been a “triggering incident” under ...
Read More

Workers Entitled to Severance Pay for Permanent Closure of a Logging Camp

Posted on by banister
Coulson Forest Products Ltd. v United Steelworkers, Local 1-1937, 2021 CanLII 41402 (BC LA); leave for reconsideration denied in 2021 BCLRB 139 (CanLII). Two workers, who had worked in the employer’s logging operation as machine operators for decades, were laid off and lost their seniority rights after the employer disposed of its Toquart Bay operation on Vancouver Island. They sought s...
Read More

B.C. Labour Relations Board Upholds Right to Exert Economic Pressure on Employer through Hot Declaration

Posted on by banister
Western Forest Products Inc. v United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Local 1-1937, 2019 CanLII 71440 (BC LRB). The Union, USW, Local 1-1937 (“USW”), was engaged in a legal strike against Western Forest Products (“WFP”), a forest company that operates various logging operations and manufacturing plants in Brit...
Read More

Employer Cannot Require Employees to Submit Medical Information Directly to Third Party

Posted on by banister
Rehn Enterprises Ltd. v United Steelworkers, Local 1-1937, 2018 CanLII 116968 (BC LA) REHN Enterprises Ltd. (the “Employer”), a small forestry company, had appointed a third party named Global Total Care (“GTC”) as its agent to manage employee work absences resulting from injury or illness. The Employer required employees to communicate with and provide medical information directly to GTC...
Read More

Introduction of Tethered Feller-Bunchers which Eliminated Hand Faller Positions was a Technological Change

Posted on by banister
Coastline Forestry Group Inc. v United Steelworkers, Local 1-1937, 2018 CanLII 74197 (BC LA) The employer introduced tethered feller-bunchers (mechanical tree harvesters) in their operation during the same month it laid off its only two hand fallers. The tethering system enabled the feller-bunchers to harvest steeper slopes and rough terrain which previously required hand fallers. The issue at ...
Read More

Proper Interpretation of the Collective Agreement Language Required Employer to Pay an Additional Master Position at Higher Pay Group

Posted on by banister
Canadian Merchant Service Guild and Saam Smit Vancouver, Inc. (Class 10 Masters - Article 21.2 Arbitration), unreported, March 26, 2018 (Hall). The union sought to enforce the following newly negotiated Collective Agreement language: Currently there are four (4) Class ten (10) vessels including the SST Orleans. One (1) Master will be added to Pay Group ten (10) for each additional tug added in th...
Read More

Disclosure of Employee Revenue Information to Union not a Breach of the Personal Information Protection Act

Posted on by banister
Comox Valley Distribution Ltd. v United Steelworkers, Local 1-1937, 2017 CanLII 72391 (BC LA) In response to complaints that junior drivers were being favoured over senior drivers in the assignment of freight delivery runs the union and employer negotiated quarterly union management meetings to resolve these issues. In advance of one of these meetings the union asked the employer to provide ...
Read More

Labour Board allows Bakery Workers to Picket ‘Ally’ Distribution Centre

Posted on by banister
Canada Bread Company, Limited/Pain Canada Compagnie, Limitee and Bakery, Confectionery, Tobacco Workers and Grain Millers International Union, Local Union No. 468, BCLRB No. B101/2017 (Leave for Reconsideration denied in BCLRB No. B129/2017). The Bakery, Confectionery, Tabacco Workers and Grain Millers International Union, Local Union No. 468 applied to the B.C. Labour Relations Board (the “Board...
Read More

Arbitrator Strikes Down Annual Drug and Alcohol Testing Policy and Awards “Significant Damages” for Breaches of Workers’ Privacy Rights

Posted on by banister
Seaspan ULC v. Canadian Merchant Service Guild (Chambers and Group Grievances), [2017] C.L.A.D. No. 22 (McEwan). The Canadian Merchant Service Guild (the “Union”) challenged Seaspan’s (the “Employer”) right to require annual drug and alcohol testing for officers under threat of penalty. The Employer felt it was entitled to introduce the testing because it agreed to do so as a term of its contra...
Read More

Grievor’s Comments not ‘Harassment’ – Reinstatement Awarded

Posted on by banister
Western Forest Products Inc., Duke Point Division v. United Steelworkers of America, Local 1 - 1937 (Vanderbasch Grievance), [2016] B.C.C.A.A.A. No. 142 (Coleman). This case involved the termination of a shop steward for harassment and bullying in contravention of an anti-bullying and harassment policy. The employer alleged the grievor, a forklift driver, harassed and bullied another employee b...
Read More
Top