Select November 2004 Decisions

Cardinal Transportation B.C. Incorporated –and– CUPE Local 561, BCLRB No. B355/2004. The Union applied for certification. An IRO report concluded that the Union did not have the necessary 45% membership support for a representation vote, based on the Employer providing a list showing 136 employees in the bargaining unit...more

Health Employers Association of British Columbia –and– Health Services and Support Facilities (Association of Unions), BCLRB No. B350/2004. This was an Employer appeal of an arbitration award dealing with issues arising out the implementation of the collective agreement imposed by the Health Sector (Facilities Subsector) Collective Agreement Act (“Bill 37”)...more

Sodexho MS Canada Ltd. –and– Hospital Employees Union –and– BC Government and Services Union, BCLRB No. B349/2004. The Board considered an objection raised by the Employers that both the HEU and the BCGEU were inappropriate bargaining agents by reason of political and legal opposition to "Bill 29" and the privatization of health services made possible by that legislation. The Employers argued that the Unions were seeking the termination of their businesses and were therefore unable to bargain in good faith or properly represent employees whose jobs might be lost as a result. The Board dismissed this objection on the basis that unions have a recognized legal right to pursue social and political goals, not just collective bargaining goals. In addition, HEU was already certified to represent employees of Sodexho and Compass and there was no suggestion that the HEU had actually bargained in bad faith with a view to undermining the business. Finally, whether or not employees were told of the Unions' opposition to privitization, the Board will not enquire into the reasons that employees join a union so as to second guess that decision.

To view a copy of the decision in Adobe Acrobat format, please click here.

Health Employers Association of British Columbia –and– Hospital Employees’ Union, November 5, 2004 arbitration award of Vince Ready. This arbitration dealt with the implementation of the Memorandum of Agreement (the “MOU”) which averted a potential province-wide labour dispute in May 2004...more

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