BC Labour Relations Code
First collective agreement in Canada specifically for migrant agricultural workers negotiated by UFCW Canada Local 1518
The UFCW Canada Local 1518 has posted an article on its website announcing what it is calling the first collective agreement in Canada specifically for migrant agricultural workers. The website goes on to note:
- the migrant workers work at Sidhu & Sons Nursery in Abbotsford BC;
- the workers are primarily from Mexico and Jamaica;
- they come to Canada each year under the federal government's Canadian Seasonal Agricultural Workers Program (CSAWP);
- a unique feature of the collective agreement is that it is specifically for the migrant workers at Sidhu & Sons, rather than the entire workforce; and
- the collective agreement provides the migrant workers with, among other things, a grievance procedure, seniority rights, recall rights, paid breaks, increased vacation pay, and a wage increase.
The history of this case before the BC Labour Relations Board was long and drawn out, as evidenced by the following: read more »
Facebook postings about employer that were offensive, insulting, disrespectful provided just cause for termination
In a decision issued on October 25, 2010, the BC Labour Relations Board ruled that the employer had just cause to terminate the employment of two employees because of their offensive, insulting, disrespectful and damaging Facebook postings about the employer.
As the Board stated in the decision: read more »
"Arbitral Jurisdiction over Tortious Privacy Violations"
"Arbitral Jurisdiction over Tortious Privacy Violations" (June 18, 2010) is the title of the paper that Pamela R. Costanzo and Stephanie T. Mayor, of Black Gropper in Vancouver, presented at the Labour Relations Conference - 2010.
The conference was put on by the Continuing Legal Education Society of British Columbia in Vancouver, BC. The paper:
...examines whether an arbitrator appointed under the Labour Relations
Code would have jurisdiction to apply the BC Privacy Act, or award a remedy
under it. It examines the historical development of the arbitral jurisprudence
on breach of privacy. It also considers whether a common law tort of breach of
privacy exists, and what alternative torts, and remedies, are available to
plaintiffs who have experienced a breach of privacy in the context of
employment.
Industrial inquiry commission delivers report on BC Ambulance Service, including appropriate collective bargaining structure
The industrial inquiry commission reviewing different service delivery and operational models for the BC Ambulance Service, including options on an appropriate collective bargaining structure, delivered its report to the BC Minister of Labour on January 15, 2010, according to this January 18, 2010 news release from the government.
The report was written by Chris Trumpy, a long time public servant who was the Deputy Minister of Finance before retiring in 2009.
In addition to the appropriate collective bargaining structure, the Trumpy report examines issues relating to staff recruitment, training and retention; staff workload and occupational health and safety; deployment strategies; and total compensation for paramedics and dispatchers.
The non-binding report has been provided to CUPE Local 873, the union representing BC's paramedics and dispatchers, and their employer, the Emergency and Health Services Commission. read more »
Judge declines to award special costs in case where unionized employee sued employer in court
The BC Supreme Court judge in Johnston v. Surrey (City), 2009 BCSC 1520, refused to award special costs in a case where a unionized employee filed a lawsuit in court against his employer alleging constructive dismissal.
Background
The long term employee filed a lawsuit in spring 2008 against the defendant employer (and a named individual) alleging that he was constructively dismissed.
Upon receipt of the Statement of Claim, the employer advised the employee of its position that:
- the circumstances giving rise to the constructive dismissal - a layoff - occurred in 1995 and 1996 and thus were time barred by the limitation period set out in the BC Limitation Act; and
- the employee was a unionized employee and therefore the claim was not within the jurisdiction of the court.
The employee further requested that the Claim be withdrawn failing which the employer would bring an application to strike the Claim pursuant to Rule 19(24) and seek special costs read more »
Industrial Inquiry Commission appointed to review bargaining structure for ambulance paramedics and dispatchers
The BC Government announced today that it will be appointing an Industrial Inquiry Commission under the BC Labour Relations Code to reveiw the bargaining structure for ambulance paramedics and dispatchers. You can read the news release here.
Yesteday, the provincial government introduced legislation - the Ambulance Services Collective Agreement Act (Bill 21) - that would impose a new collective agreement on the paramedics and dispatchers and end the seven month labour dispute (which has been subject to an essential services order). You can read more about the labour dispute and legislation in this Vancouver Sun story
