Select May 2004 Decisions

Aramark Canada Facility Services –and– Hospital Employees’ Union –and– IWA, L. 1-3567, BCLRB No. B173/2004, Aramark and the IWA opposed an application for certification filed by the HEU on the basis that there was a collective agreement in force covering the employees. The Board dismissed that objection to the certification application. The Board found that the purported collective agreement between IWA and Aramark was not valid because it had not been ratified by the employees. The Board found that there was no evidence that the employees freely chose the IWA as their bargaining agent and that the employees had not voluntarily ratified the collective agreement. In particular, the Board found that the job fairs and hiring hall did not demonstrate that the employees wanted the IWA has their bargaining agent.

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Health Employers Association of B.C.–and– Facilities Subsector Bargaining Association –and– Hospital Employees’ Union, 2004 BCSC 603, the Court found that the Hospital Employees’ Union was in civil contempt of a court order...more

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