Select 2006 Decisions

Canadian Forest Products Ltd. –and– Hospital Employees Union et. al., BCLRB No. B312/2006 (currently under appeal)
The Labour Relations Board found that the HEU did not breach the Code during political protests arising during the 2004 dispute between the HEU and the Government over Bill 37, although it found two individuals breached the Code...more

Canadian Union of Public Employees, Local 3500 –and– Board of School Trustees of School District No. 73 (Kamloops/Thompson), October 7, 2006 (Dorsey)
This decision is a preliminary award dealing with the production of a harassment report...more

Mc Dougall –and– International Union of Operating Engineers, Local 882 –and– Superior Building Maintenance, 2006 BCHRT 502
The BC Human Rights Tribunal dismissed a complaint against the Union. The Complainant suffered a medical condition that led her to be unable to perform her job...more

Terasen Gas Inc. -and- International Brotherhood of Electrical Workers, Local 213 -and- Canadian Office and Professional Employees Union, Local 378, BCLRB No. B176/2006

This decision concerned the designation of essential services at Terasen Gas...more

Westfair Foods Ltd. –and– Loblaws Inc. –and– Kelly Douglas & Company Limited –and– 499649 B.C. Ltd. –and– United Food and Commercial Workers International Union, Local 1518, BCLRB No. B116/2006

In this decision the Labour Relations Board found that the Employer was breaching sections 6 and 68 of the Labour Relations Code by using replacement workers to do the work of employees on strike at an Extra Foods grocery store franchised by Westfair Foods...more

Westfair Foods Ltd. –and– Loblaws Inc. –and– Kelly Douglas & Company Limited –and– 499649 B.C. Ltd. –and– United Food and Commercial Workers International Union, Local 1518, BCLRB No. B88/2006

In this decision the Labour Relations Board granted the Union’s application for a declaration that Westfair Foods was an ally of a struck Extra Foods grocery store franchised by Westfair Foods...more

Trimble v. Yukon Human Rights Commission et al., 2006 YKSC 28 (April 11, 2006)

In this case, the Yukon Supreme Court quashed a decision of the Yukon Human Rights Commission in which the Commission had dismissed the petitioner’s human rights complaint. The petitioner had been disabled from work for about two and a half years when her employer, the Yukon government, terminated her employment. The petitioner filed a human rights complaint that was ultimately investigated and then dismissed by the Commission on the basis that there was not a reasonable basis in the evidence to warrant proceeding to a hearing. The Court held that the conclusion in the investigation report that the respondent government accommodated the complainant to the point of undue hardship, but that the complainant did not meet her duty to facilitate accommodation, did not accord with the investigator’s earlier finding that there was insufficient evidence to determine whether the inability to fill the complainant’s position constituted undue hardship for the employer. The Court held that this earlier finding warranted proceeding to a hearing and it was an error of law to conclude that absenteeism from employment, coupled with uncertainty regarding future attendance and arbitral case law discharged the employer’s statutory undue hardship burden. The Court found that the employer’s evidence of undue hardship (staffing problems affecting workplace instability) fell markedly short of establishing undue hardship. The Court also concluded that the Investigation Report was fundamentally flawed, did not meet the requirement of investigative thoroughness, and constituted a breach of procedural fairness as the investigator neither investigated crucial medical evidence nor the employer’s efforts to accommodate others. Further, the Commission’s decision that the investigation report met the requirement of investigative thoroughness required reasons, and the failure to provide them was also unfair. The Court quashed the Commission’s decisions and referred the complaint directly to a board of adjudication.

To view a copy of this decision in Adobe Acrobat format, click here.

Prince George Airport Authority –and- Public Service Alliance of Canada (Smith grievance – objection to damages claim), dated April 3, 2006.

The Employer dismissed the grievor for allegedly selling trees located on its property without permission....more

Prince George Airport Authority –and- Public Service Alliance of Canada (Smith grievance – timeliness objection), dated April 3, 2006.

The Employer dismissed the grievor for allegedly selling its assets. The collective agreement included a time limit of 30 working days for the Union to refer the matter to arbitration after learning of the Employer’s denial of the grievance...more

Cunningham obo Cunningham v. School District No. 71 et al., 2006 BCHRT 142 (March 13, 2005)

In this case, the BC Human Rights Tribunal dismissed a human rights complaint against a teacher on the basis that the actions alleged did not violate the Human Rights Code and that proceeding with the complaint would not further the purposes of the Code...more

Wal-Mart Canada Corp. –and- United Food and Commercial Workers International Union, Local 1518, BCLRB No. B51/2006

This decision dealt with an application for a variance made by the Union. In a previous decision of the Board (B190/2005), a bargaining unit of employees working in the Tire and Lube Express (“TLE”) department of seven of the Employer’s locations across the province was found to be an appropriate unit...more

Wal-Mart Canada Corp. –and- United Food and Commercial Workers International Union, Local 1518, BCLRB No. B5/2006

This decision dealt with an application for certification made by the Union for employees working in the Tire and Lube Express (“TLE”) department of the Employer’s locations. The Union had previously applied for a unit of seven such TLE departments across the province (of which the Cranbrook TLE was not part of)...more

Kemess Mines Ltd. v. International Union of Operating Engineers, Local 115, 2006 BCCA 58

The Court of Appeal dismissed the Employer’s appeal of arbitrator Munroe’s decision reinstating the grievor (released and summarized: April 2005)...more

British Columbia Teachers’ Federation –And- Information and Privacy Commissioner for British Columbia, Board of School Trustees of School District No. 68, 2006 BCSC 131

The Union's petition for judicial review of two Information and Privacy Commissioner's decisions was successful in B.C. Supreme Court...more

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