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

Sandra Banister Q.C. Appointed as Special Adviser on Committee Reviewing the B.C. Labour Relations Code

Posted on by banister
Sandra Banister Q.C. has been appointed as a special adviser on the three-person committee tasked with reviewing the British Columbia Labour Relations Code (the “Code”). The panel will be chaired by mediator/arbitrator Michael Fleming with Sandra representing union interests and Barry Dong representing employer interests. The February 6, 2018 Media Release from the B.C. Ministry of Labour notes t...
Read More

Employer’s Grievance Seeking LTD Plan Contribution Holiday Denied

Posted on by banister
West Fraser Mills v. United Steelworkers, Locals 1-424 and 1-425 (Long Term Disability Contributions Grievance), [2017] B.C.C.A.A.A. No. 125 (McPhillips). The employer brought a policy grievance concerning the interpretation of Collective Agreement provisions dealing with employer and employee contribution levels related to the IWA - Forest Industry Long Term Disability plan (the “Plan”). Citing...
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