BC Labour Relations Code
FortisBC applies to BC Labour Relations Board to have certain work functions designated as essential
FortisBC has filed an application to have certain work functions designated as essential services under the BC Labour Relations Code.
This is the second BC utility to file such an application in the last few months. Back in April 2012, the Insurance Corporation of British Columbia ("ICBC") - the province's "basic insurance" vehicle insurer - also filed an essential services application. More information about that application, including the application itself, can be found on COPE 378's website here.
The BC Government issued a news release on March 21, 2012 announcing a ministerial regulation establishling timelines for BC Labour Relations Board decisions. Here's the release:
A ministerial regulation establishing timelines for Labour Relations Board decisions will ensure timely resolution of workplace disputes, Minister of Labour, Citizens' Services and Open Government Margaret MacDiarmid announced.
Labour Relations Board decisions will need to be managed within 180 days from the date an application is filed ensuring workplace disputes are quickly resolved. The new 180-day timeline includes the time to make submissions, conduct oral hearings and finalize the decision-making process involving matters under the Labour Relations Code. read more »
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 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.
The decision is Lougheed Imports Ltd. operating West Coast Mazda doing business as West Coast Detail & Accessory Centre -and- United Food and Commercial Workers International Union, Local 1518, BCLRB No. B190/2010.
As the Board stated in the decision: read more »
"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