Arbitration awards - Settlements

Andrea Rachel and HEU/BCGEU - EI Board of Referees (March 4, 2010)
The Unions filed a representative appeal of the Commission’s decision that the Bill 29 settlement payments from government to members were earnings for EI purposes. The majority found the payments were earnings but recommended the Commission should waive the overpayment. The minority found that the payments did not arise out of employment and allowed the appeal. The Unions will file an appeal to the Umpire level of review.

BCGEU and Government of BC (December 9, 2009) #994A - Settlement
The union negotiated a settlement of a number of grievances relating to denial of sick leave benefits, suspensions, termination and a number of outside human rights complaints. The member is now deemed to have retired from employment and will receive $20,000.00 in RRSP monies and $15,000 in exchange for giving up his right to reinstatement.

Highways Service Area 11 and 20 (Mainroad and Interior Roads) Settlement Summary
In 2002 after the Liberal government came to power they informed highways maintenance contractors that unless labour costs were cut by 10% as of April 1, 2004 there would be no successorship in the next round of contracts. The union entered into negotiations, opening up collective agreements to find the required 10% and in exchange the union got successorship and long-term, 10-year contracts. In two service areas (11 [Mainroad] and 20 [Interior Roads]) the maintenance contracts did not expire until 2006. The union learned in late 2005 that instead of getting the 10% cut in funding in those areas on April 1, 2004, the employers did not get any cuts until the fall of 2006. All of the collective agreement savings between April 1, 2004 and the fall of 2006 went into corporate profits for Mainroad and Interior Roads.

The union filed grievances against both employers for recovery of the members' money that had contributed to the windfall profits of the companies for that period.

After several days of hearing on both files, the union entered into settlement negotiations. The Ministry was also at the table, as they accepted some responsibility in the matter. With the assistance of union staff, the union was successful in negotiating a lump sum payment of $5,000 for each Mainroad regular employee affected, including those who had left Mainroad employment and a smaller amount for each auxiliary. The union also got them back their modified work week for this year. In Interior Roads, the union got the same amount, but because Interior Roads had lost the contract and were no longer in the service area, the Ministry picked up a half share of the final settlement costs. Total amount of the settlement was over half a million dollars. The union believes that this is the largest grievance settlement the union has achieved.