Select March 2004 Decisions

Certain Employees of Kiwanis Intermediate Care Society of New Westminster –and– Kiwanis Intermediate Care Society of New Westminster –and–Hospital Employees’ Union, BCLRB No. B89/2004, the Board dismissed a partial decertification application as a result of improper conduct on behalf of certain employees...more

Terasen Gas Inc. –and– Accenture Business Services of B.C. –and– I.B.E.W. Local 213 –and– OPIEU, Local 378, BCLRB No. B82/2004, the Board found that employees of Terasen had the right to elect to follow their jobs to Accenture (the successor employer)...more

Compass Group Canada –and– Hospital Employees Union –and– IWA, Local 1-3567, BCLRB No. B80/2004 (overturning BCLRB No. B431/2003), the Board overturned an earlier decision dismissing H.E.U.’s application for a variance...more

Rivtow Marine Inc. –and– International Union of Operating Engineers, Local 115 (Premium Pay Grievance), unreported award of Nicholas Glass, dated 2004 March 12. The Union grieved the employer’s failure to provide premium pay for both employees involved in measuring log barge loads at the end of loading. The Employer had only been paying premium rates to one of the two employees required to do the work. The Employer argued that the plain meaning of the language supported its interpretation of the premium pay provisions and that, in the alternative, the Union was estopped as a result of discussions that took place at the bargaining table. The arbitrator accepted the Union’s argument that the plain meaning of the collective agreement required both employees performing the work to receive the premium pay. The arbitrator accepted the Union’s further argument that the Employer was acting on unilateral mistake as to the meaning of the collective agreement and therefore no estoppel arose.

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Select 2006 Decisions

Select 2005 Decisions

Select 2004 Decisions

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