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Labour Law

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

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

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

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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...
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Employer’s Grievance Seeking LTD Plan Contribution Holiday Denied

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

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

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

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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...
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Grievor’s Comments not ‘Harassment’ – Reinstatement Awarded

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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...
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Relying on Union Security Clause not Unfair Labour Practice

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Sibola Mountain Falling Ltd. (Re), [2015] B.C.L.R.B.D. No. 145 Sibola Mountain Falling ("Sibola") filed a complaint alleging the Union used coercion and intimidation contrary to Section 9 of the Labour Relations Code (the "Code") by threatening to place a woodworkers' lien on its wood if the Union did not receive an answer about unionizing. Sandra Banister QC successfully argued that Sibola ...
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Worker’s Collective Agreement Rights Restored After Employer Fails to Recall Him For Work

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Arbitrator Vince Ready agreed with Sandra Banister’s argument that the employer had violated the collective agreement by failing to recall the grievor, pursuant to its obligations as successor under the Woodlands Letter. Mr. Ready ordered the grievor’s seniority and benefits be fully restored, and that he be made whole with respect to lost wages, out of pocket expenses, and pension contributions. ...
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