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...more

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. In denying the Union’s grievance regarding the termination, the Employer stated that it may take further action against the grievor, including seeking damages. No further mention of damages was made until after the matter was referred to arbitration, when the Employer notified the Union that it would seek damages from the grievor at the hearing of the arbitration. At the hearing, the Union objected to the Employer’s damages claim because, among other reasons, it was an issue that should be the subject of a fresh grievance that was not properly referred to arbitration.

The arbitrator upheld the Union’s objection on the basis of a case of the British Columbia Supreme Court (Air Line Pilots Assn. v. Canadian Airline International Ltd., [2000] B.C.J. No. 1698). That case stands for the proposition that, while arbitrators must have regard to the real issues between the parties, they cannot “embark on a wholly different arbitration than that agreed to by both parties”. A claim for damages against a grievor in circumstances such as the present grievance was found to require a separate company grievance. Since such a grievance was not referred to arbitration, the arbitrator found that she did not heave jurisdiction to hear the Employer’s claim for damages.

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 – 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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