Select April 2004 Decisions

Willi Speitelsbach –and- The Board of Trustees of Local 213 Electrical Workers’ Pension Plan –and- IBEW 213, BCLRB No. B133/2004. In this case the Board dismissed a complaint under section 9 of the Code...more

City of Surrey –and– Canadian Union of Public Employees, BCLRB No. B155/2004, the Board upheld a decision of an arbitrator finding that the City of Surrey did not have just and reasonable cause to terminate an employee’s employment...more

Health Employers Association of B.C. –and– Hospital Employees’ Union, BCLRB No. B151/2004, HEABC applied to the Labour Relations Board seeking a declaration that the HEU had contravened the Essential Services Global Order...more

B.C. Corps of Commissionaires –and– Public Service Alliance of Canada, Local No. 05/20500, BCLRB No. B145/2004 (Reconsideration of B364/2003), the Board overturned an earlier decision...more

Kemess Mines Ltd.–and– International Union of Operating Engineers, unreported award of John P. Sanderson, Q.C., the Employer terminated an employee for breaching a written policy concerning the consumption and possession of alcohol in or at the mine site. The Employer sought to have the grievance dismissed summarily as being abandoned. The Employer asserted that the Union had failed to advance the grievance in the required 10 day period, taking three months instead. The Union argued that the Employer had waived any right to object to the timeliness of the grievance since the Employer had referred the grievance to arbitration pursuant to section 104 of the Code. The Union also argued that the parties had a history of not complying with the time limits and, alternatively, the arbitrator should relieve against any breaches. The Arbitrator dismissed the Employer’s application. The Arbitrator held that the Employer had not waived its right to object to the timeliness of the grievance by referring it to arbitration pursuant to section 104 of the Code. But the Arbitrator held that in the circumstances it was appropriate to exercise his discretion to relieve against the missed time limit so that there could be a hearing on the merits of the grievance.

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Select 2004 Decisions

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