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...more

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 which required the Union to “refrain from in any manner impeding or preventing or attempting to impede or prevent employees of HEABC members who are represented by the unions from resuming their duties and work schedules of employment with HEABC members”. The Legislature enacted Bill 37, Health Sector (Facilities Subsector) Collective Agreement Act, that legislated an end to a lawful strike and imposed an enormous wage cut for the employees. The Union and its members began a political protest over the actions of the government. Relying on Bill 37, HEABC sought and obtained an order from the Labour Relations Board ordering the end of the strike and the resumption of normal duties. That order was immediately filed in Court. Notwithstanding being served with the court order, the Union and its members continued its political action. HEABC then applied to have the HEU found in civil contempt and a fine imposed for that contempt. The Court found that the Union’s conduct breached the terms of the order and that the Union had the necessary mens rea for the conduct to be civil contempt. Instead of proceeding immediately with the penalty phase, the Court ordered the parties to return later to make submissions on the appropriate remedy.

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