Arbitration Awards - Certification

BCGEU and UFCW and HEU and others (September 1, 2010) BCLRB No. 145/2010

The BCGEU and CSSEA filed a section 141 application for reconsideration of the Original Decision which upheld the award of the Umpire which struck down a Memorandum of Agreement between the BCGEU and CSSEA with the support of one other union in the Bargaining Association.  The Union argued the Umpire had erred in the interpretation of what constitutes a constituent union for the purposes of the Articles of Association.  The Board granted the BCGEU’s application and overturned the Umpire’s and the Board’s Original Decision.  The Panel found the Umpire erred in interpreting the representational language of the articles.  It was intended to protect the majority rule of the largest union, and not the smaller constituent unions.

BCGEU and Maxaam Analytics (June 28, 2010) – BCLRB No. 113/2010

The BCGEU has been certified for a unit of employees at Maxaam. The employer acquired another large company, Cantest and applied under section 35 for a declaration that it was the successor to Cantest and for a merger of the two businesses and a revocation of our certification at Maxaam.  The Union argued the application was premature and there should be a vote of the merged employees.  The Board granted the employer application for a declaration of a Successorship and ordered a representation vote of the merged employees which we won.

The Employer has appealed the decision.

BCNU and BCGEU and others (June 14, 2010) BCLRB No. B107/2010

The BC Nurses Union’s raid application lacked the requisite support.  The Nurses Union was barred under section 19(2) of the Code to file another raid application for a period of 22 months from the date of the original application November 30, 2009.

Okanagan College and Okanagan College Faculty Association and BCGEU – (April 26, 2010) – BCLRB No. B66/2010

The Faculty Bargaining Association applied for a declaration that certain vocational instructors in the BCGEU bargaining unit should be moved to the Association bargaining unit due to certain changes in the Human Services Work program including the move from a one year certificate to a two year diploma program.  The sole issue was whether the instructors’ work continues to be vocational in nature. The Board dismissed the application, finding that the Faculty Association failed to establish that the instructors, despite the program changes, had ceased to be vocational instructors.

Well Being Seniors Services and BCNU and BCGEU (April 27, 2010)  - BCLRB B67/2010

The BCNU applied to be certified as the bargaining agent for a bargaining unit of registered nurses at the Maple Ridge Seniors Village.  The BCGEU represents employees at the site and the certificate that was  issued 7 months before the BCNU application, included the same registered nurses.  In the meantime, at bargaining in October, 2009, the Employer told the BCGEU that the registered nurses would be performing manager duties including discipline duties and therefore the parties agreed the nurses would be excluded employees.  Subsequent to bargaining, the Employer cancelled its plans to assign manager duties to the registered nurses.  The Board determined that the BCNU’s application was dismissed as the  registered nurses are employees under the existing collective agreement in force between the employer and the BCGEU.

NIL/TU, O Child and Family Services Society and BCGEU (August 27, 2008) BC Court of Appeal
NIL/TU,O is a First Nations social services agency. The union applied for certification in 2005. The employer objected to the application claiming the agency was not covered by provincial legislation. The Board rejected the employer argument and the union was granted certification in 2006. The employer appealed the Board decision to BC Supreme Court. The Supreme Court agreed with the employer and cancelled the certification. The union appealed the Supreme Court decision and in the meantime applied for and was granted federal certification. In the recent Court of Appeal decision, the union successfully defended the Board decision that the delivery of social services is provincial not federal work and the employees are governed by provincial not federal legislation. The Court of Appeal ordered the Board certification to be reinstated.