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”)...more

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 that the Employer terminated for allegedly stealing company property. The second grievance was an employer grievance in which it claimed the value of the allegedly stolen goods from the employee. The Employer believed that the employee and his supervisor had been in a conspiracy to steal from the company by taking company totes (used and possibly new), recycling them at the centre, and pocketing the money paid for the recycling totes. The employee had stated that he had been directed to take the totes to the recycling centre by the supervisor and that he gave the supervisor all of the money he received. The supervisor admitted to stealing the money. The issue was whether the employee was a party to the theft or simply following the direction of his supervisor. The Arbitrator upheld the Union grievance. She found that the evidence did not demonstrate that the employee was a party to a conspiracy to steal from the Employer. She found that his explanation, that he was following direction from the supervisor and did not know that the money was not being given to the company, could reasonably be true.

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