Select July 2004 Decisions

Hudson Bay Company –and– United Food and Commercial Workers’ Union Local 1518 BCLRB No. B226/2004 This case with a bad faith bargaining complaint filed by the Union...more

Health Services and Support Facilities Association of Unions –and– Health Employers’ Association of B.C., unreported decision of James Dorsey, Q.C. This case dealt with various issues arising out the implementation of the collective agreement imposed by the Health Sector (Facilities Subsector) Collective Agreement Act (“Bill 37”). Bill 37 ended a strike by the Association of Unions and imposed a collective agreement with an 11% wage cut and an increase in weekly hours of work from 36 to 37.5 hours. The arbitrator rejected the Unions’ argument that the Employer was required to negotiate substitute collective agreement provisions for certain provisions materially altered by the legislation. However, the arbitrator accepted the Unions’ argument that the increased work week did not come into effect 90 days after the enactment of Bill 37 as argued by the Employer, but that instead there was a further 90 day implementation period after that date. Finally, the arbitrator also accepted the Unions’ argument that employees at certain facilities previously covered by local agreements which provided for a 37.5 hour week were entitled to overtime for the difference between 36 and 37.5 hours for the first 90 days following the enactment of Bill 37.

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Health Services and Support Facilities Association of Unions –and– Health Employers’ Association of B.C., unreported decision of James Dorsey, Q.C. This was a clarification of a previous award which dealt with various issues arising out the implementation of the collective agreement...more

Snowcrest Packers Ltd –and– United Food and Commercial Workers Union, Local 1518, unreported decision of Marguerite Jackson, Q.C. This award dealt with two grievances. The first was a grievance by the union for the unlawful termination of an employee...more

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