Representative Decisions

#, A to H

15930 Fraser Highway Ltd (d.b.a. Fresh Street Farms) v. United Food and Commercial Workers Union, Local 1518, October 14, 2014, unreported, (Nichols) |

Andrew Fraser v. Cummins Western Canada LP -and- International Union of Operating Engineers, Local 115, 2015 BCHRT 174 | The Human Rights Tribunal of BC dismissed a member’s human rights complaint against the Union.

0720941 B.C. Ltd. v. International Union of Operating Engineers, Local 115, [2015] B.C.L.R.B.D. No.180 |

643972 BC Ltd. (Shoppers Drug Mart No. 219) v. United Food and Commercial Workers International Union, Local 1518, [2011] B.C.L.R.B.D. No. 226 | The BC Labour Relations Board affirmed its decision regarding family status exclusions from the bargaining unit.

B & R Drugs (Shoppers Drug Mart Store #273) v. United Food and Commercial Workers Union, Local 1518, [2014] B.C.C.A.A.A. No. 67 |

BC Ferry Service Inc. v. British Columbia Ferry and Marine Workers’ Union, [2013] B.C.C.A.A.A. No. 14 |

Better Buy Market Ltd. v. United Food and Commercial Workers International Union, Local 1518, BCLRB No. B234/2007, 149 C.L.R.B.R. (2d) 83 |

Britco Export Packers Ltd. (c.o.b. Britco Pork Inc.)(Re), [2014] B.C.L.R.B.D. No. 212 | The BC Labour Relations Board granted a union successorship over the objections of the employer.

British Columbia (Public Safety and Solicitor General) v. Stelmack, 2011 BCSC 1244 | The Supreme Court found the government had breached privacy legislation by refusing to release jailhouse footage to a former detainee.

British Columbia v. Bolster, 2007 BCCA 65 | The Court of Appeal affirmed that a visually impaired truck driver was entitled to $115,000 in compensation after a government agency discriminated against him.

Canada Safeway Ltd. v. United Food and Commercial Workers Union, Local 1518 (2011), 210 LAC (4th) 173 | Arbitrator ordered reinstatement of a grievor despite finding that the grievor’s conduct amounted to theft.

Carecorp Holdings Inc. (c.o.b. Carecorp Senior Services) and 0894045 BC Ltd v. Hospital Employee Union, [2014] B.C.L.R.B.D. No. 174 |

Clements v. Gordon Nelson Investments Inc., 2010 BCSC 31 | The Supreme Court struck down an exceptional rent increase affecting all the tenants at a Vancouver building.

Compass Group Canada (Health Services) Ltd. (DBA Crothall Services Canada) v. Hospital Employees’ Union, May 4, 2015, unreported (Sullivan) |

Construction Labour Relations Association of British Columbia v. Bargaining Council of British Columbia Building Trades Unions, (2015) B.C.L.R.B. No. B34/2015 |

Dunkley v. UBC and another, 2015 BCHRT 100 | The BC Human Rights Tribunal concluded that UBC and Providence Health Care discriminated against a Deaf medical Resident by failing to accommodate her by providing American sign language interpreters to allow her to continue with her dermatology program.

Emcon Services Inc. v. B.C. Government and Service Employees’ Union BCLRB No. B183/2007, 143 C.L.R.B.R. (2d) 96 | The Union alleged the Employer breached the Labour Relations Code by using replacement workers to perform the work of bargaining unit member’s during a strike.

Fortis Energy Inc. v. International Brotherhood of Electrical Workers, Local 213, [2015] B.C.C.A.A.A. No. 25 |

Fortis Energy Inc., and Canadian Office of Professional Employees Union, Local 378, and the International Brotherhood of Electrical Workers, [2015] B.C.L.R.B.D. No. 82 |

FortisBC Energy Inc. v. International Brotherhood of Electrical Workers, Local 213 [2013], BCCAAA No. 143 | Arbitrator reinstated an employee accused of using the employer’s materials for his own business finding that the grievor’s version of events was credible and consistent.

FortisBC Energy Inc. v. International Brotherhood of Electrical Workers, Local 213 [2014] BCLRBD No. 49 | The BC Labour Relations Board affirmed an arbitrator’s decision to reinstate a grievor accused of using the employer’s materials for the grievor’s own private business.

FortisBC Inc. v. International Brotherhood of Electrical Workers, Local 213, [2014] B.C.C.A.A.A. No. 134 |

FortisBC Inc. v. International Brotherhood of Electrical Workers, Local 213, [2015] B.C.C.A.A.A. No. 3 |

Harley v. Employment and Assistance Appeal Tribunal, 2006 BCSC 1420 | The Supreme Court found that the petitioner had been denied a fair hearing and ordered a new hearing, commenting on the right to adequate reasons.

I to Q

Interior Health Authority, BCLRB No. B97/2012, 212 CLRBR (2d) 164 | In the context of a sweeping raid application, the Labour Relations Board considered the rules regarding applications to withdraw raid applications, material misrepresentations that might render membership evidence submitted in support of a raid equivocal, and the law and policy of bargaining unit appropriateness in the health sector.

International Association of Heat and Frost Insulators and Allied Workers, Local No. 118, [2014] B.C.L.R.B.D. No. 121 |

International Brotherhood of Electrical Workers, Local 213 v. Trader Corporation (BC), (unreported) April 30, 2015 (Dorsey) | Arbitrator upheld the union’s grievance that the employer violated the collective agreement by ‘contracting in’ work.

International Union of Operating Engineers, Local 115 v. Hiway Fuel Services Ltd, [2014] B.C.C.A.A.A. No. 69 |

International Union of Operating Engineers, Local 115 v. Peace River Coal Inc., March 12, 2014, unreported, (Glass) |

International Union of Operating Engineers, Local 115 v. Teck Coal Ltd. [2015] BCCAAA No. 9 | Arbitrator allowed a union’s grievance that the employer had violated the job posting provisions in the collective agreement by hiring a ‘qualified tireman’ after posting for a ‘tireman in training’, and by hiring two tiremen to fill one vacancy.

JJ v. School District No. 43 (Coquitlam) and Canadian Union of Public Employees, Local 561, (2011) BCCA 343 | The Court of Appeal confirmed the decision of the BC Human Rights Tribunal to dismiss a member’s complaint against a trade union for lack of evidence.

Jozipovic v. British Columbia (Workers’ Compensation Board), 2012 BCCA 174 | The Court of Appeal struck down a WCB policy that had prevented injured workers from getting a loss of earnings award.

Kalawsky Pontiac Buick GM v. United Food and Commercial Workers International Union, Local 1518, [2013] B.C.L.R.B.D. No. 204 | The Labour Relations Board dismissed an application for partial decertification of a unit.

Lavender Co-Operative Housing Association v. Ford, 2011 BCCA 114 | The Court of Appeal concluded that a housing co-operative had not discriminated on grounds of family status.

Mainroad South Island Contracting Ltd. v. B.C. Government and Service Employees’ Union, BCLRB No. B25/2008, 153 C.L.R.B.R. (2d) 22 |

NCR Canada Ltd v. International Brotherhood of Electrical Workers, Local 213, (2015) B.C.C.A. 44 |

NCR Canada Ltd v. International Brotherhood of Electrical Workers, Local 213, [2014] B.C.L.R.B. No. 152 |

NCR Canada Ltd. v. International Brotherhood of Electrical Workers, Local 213, [2014] B.C.L.R.B.D. No. 152 |

NCR Canada Ltd. v. International Brotherhood of Electrical Workers, Local 213, (2015) BCCA 44 |

NCR Canada Ltd. v. International Brotherhood of Electrical Workers, Local 213, [2014] B.C.C.A.A.A. No. 34 |

NCR Canada Ltd. v. International Brotherhood of Electrical Workers, Local 213, [2014] B.C.L.R.B.D. No. 188 |

Northern Access Systems Inc., and Construction and Allied Workers’ Union, Local 68 Affiliated with the Christian Labour Association of Canada, and Sheet Metal Workers’ International Association, Local 280, and International Association of Heat and Frost Insulators and Allied Workers, Local 118, [2015] B.C.L.R.B.D. No. 58 |

Overwaitea Food Group v. United Food and Commercial Workers International Union, Local 1518, BCLRB No. B42/2008, 154 C.L.R.B.R. (2d) 286 | The Labour Relations Board accepted the Union’s preliminary objection and denied the Employer’s request for an anticipatory declaration that the Union’s plan to hold a strike vote violated the Labour Relations Code.

Overwaitea Food Group v. United Food and Commercial Workers Union, Local 1518, [2014] B.C.C.A.A.A. No. 12 | Arbitrator reinstated a grievor despite the grievor swearing at his manager, being on an unauthorized absence and lying about it in the investigation meetings.

R to Z

Rambow Mechanical Ltd. v. United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 170 and 324, and Les Schneider, [2012] BCLRBD No. 277 | The BC Labour Relations Board awarded the union automatic certification after the employer questioned employees as to whether they were union members and threatening the job security of employees if the certification was granted.

Ross v. British Columbia (Residential Tenancy Act, Dispute Resolution Officer), 2008 BCSC 1862 | The Supreme Court found that the petitioner’s right to a fair hearing had been breached, and ordered a new hearing.

Sidhu & Sons Nursery Ltd. v. United Food and Commercial Workers International Union, Local 1518, [2014] B.C.L.R.B.D. No. 56 | The BC Labour Relations Board dismissed an application for decertification after it found that Mexico had improperly interfered in the bargaining unit by preventing Mexican temporary foreign workers who were perceived to be union supporters from returning to Canada.

Sobeys West Inc. (d.b.a. Safeway) v. United Food and Commercial Workers, Local 1518 and 247, July 16, 2014, unreported, (Ready) |

Sobeys West Inc. v. United Food and Commercial Workers International Union, Local 1518, [2015] B.C.L.R.B.D. No. 23 |

Sobeys West Inc. v. United Food and Commercial Workers Union, Local No. 247, [2014] B.C.L.R.B.D. No. 103 | The Union sought to consolidate its existing bargaining units into a single Province-wide bargaining unit. The Employer did not contest on the understanding there will be two zones in the unit. It was appropriate to order the consolidation of the Union’s certification.

Sunrise Poultry Processors Ltd. v. United Food and Commercial Workers International Union, Local 1518, [2014] B.C.L.R.B.D. No. 154 |

Sunrise Poultry Processors Ltd. v. United Food and Commercial Workers International Union, Local 1518, [2014] B.C.L.R.B.D. No. 95 |

Teck Coal Ltd v. International Union of Operating Engineers, Local 115, [2015] B.C.C.A.A.A. No. 16 |

The City of White Rock v. Canadian Union of Public Employees, Local 402-01 May 31, 2013, unreported, (Diebolt, QC) |

United Mexican States and Consulado General de Mexico en Vancouver v. British Columbia (Labour Relations Board), 2015 BCCA 32 | The Court of Appeal affirmed that the BC Labour Relations Board was not prevented by the doctrine of state immunity from finding that Mexico engaged in improper interference in a bargaining unit.

Vancouver Native Housing Society v. United Food and Commercial Workers International Union, Local 1518, BCLRB No. B34/2008, 153 C.L.R.B.R. (2d) 139 |

Waste Management of Canada Corporation v. International Union of Operating Engineers, Local No. 115, [2014] B.C.L.R.B.D. No. 83 |

XYZ Company v. U, April 10, 2014, unreported (McConchie) | The arbitrator concluded that the Employer violated the rule against double jeopardy and did not have just cause to dismiss him and order the Employer to pay damages in lieu of reinstatement.

Zellers Inc. (Store No. 264) (Re), [2012] B.C.L.R.B.D. No. 243 | After Target purchased Zellers’ leasehold interests, the BC Labour Relations Board considered whether Target was the successor employer to Zellers.