Resources: Labour
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The Name Game: B.C. Court of Appeal Rejects Union’s Argument for Grievor and Witness Anonymity
November 2015
In the recent decision of United Food & Commercial Workers Union, Local 1518 v. Sunrise Poultry Processors Ltd., 2015 BCCA 354, the B.C. Court of Appeal confirmed that labour arbitrators are allowed to publish personal information of grievors and witnesses in arbitration awards.
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Grievance time limit provisions – do they work?
December 2015
There are sound labour relations policy reasons for having a strong time limit provision in a collective agreement. A time limit requires the union to administer the collective agreement in a prompt manner, and prevents it from resurrecting old disputes. When a time limit expires and no grievance is filed, an employer is entitled to assume that the union will not challenge its decision.
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Domestic violence in the workplace – not just the NHL’s problem
December 2015
Sadly, it is far too common that we hear of news headlines involving professional athletes charged or convicted of assaulting their partners or spouses, e.g. “Kings Defenseman Voynov Suspended Indefinitely”, and “TSN Analyst Aaron Ward Arrested.”
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National Labour Relations board Adopts New Test for Determining “Joint Employer Status”
September 2015
In a ground-breaking decision published on August 27, 2015 (BFI Newby Island Recyclery) the National Labour Relations Board revisited the test to be used in determining whether two employers should be considered as a “joint employer” for the purposes of applying the provisions of the National Labor Relations Act.
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Employer Allowed to Call Rebuttal Evidence in Text Message Controversy
November 2015
In BC Hydro & Power Authority and International Brotherhood of Electrical Workers, Local 258 (August 4, 2015) Arbitrator Moore considered the Employer’s application to call rebuttal evidence. In particular, BC Hydro (or the “Employer”) sought to call expert rebuttal evidence regarding albacore tuna.
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Freedom of Association Now Protects the Right to Strike
March 2015
In Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4, the Supreme Court of Canada reversed its 1987 decision and concluded that the right to strike is protected under section 2(d) of the Charter: freedom of association.
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Drug Detection Dogs Fail Smell Test
May 2015
In United Steelworkers Local 7552 v. Agrium Vanscoy Potash Operations (Grievance 16-10, Random Drug Searches/Interviews), [2015] S.L.A.A. No. 1 (Norman), a Saskatchewan employer’s practice of periodically deploying drug detection dogs to screen individuals entering its safety-sensitive worksite was held to be in breach of the collective agreement.
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B.C. Employers Need a “Reasonable Basis” to Conduct Employee Surveillance: Unifor, Local 433 v. Crown Packaging Ltd. (Giesbrecht Grievance), 2014 B.C.C.A.A.A. No. 43 (Dorsey)
November 2014
Unifor, Local 433 v. Crown Packaging Ltd. (Giesbrecht Grievance), [2014] B.C.C.A.A.A. No. 43 (Dorsey) is a recent arbitral decision considering the admissibility of surveillance evidence in British Columbia.
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Grievor’s Anonymity – Privacy Rights Versus Accountability
July 2014
Grievor’s anonymity has been hotly debated in the course of two recent British Columbia arbitration proceedings. Sunrise Poultry Processors Ltd. -and- UFCW Local 1518 and Husband Food Ventures Ltd. (c.o.b. IGA Store No. 11) -and- UFCW 1518 involved two arbitration awards each and one B.C. Labour Relations Board review.
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