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Index of Cases 2005 - 2010


Case Archives: Prior to 2005

 

Between College of New Caledonia and Faculty Association of the College of New Caledonia

Date of Award: May 4, 2010

"In summary, I conclude that the Union's grievance is allowed. I direct the Employer to refrain from requiring counsellors to schedule vacation or professional development time over the Christmas Break, unless an individual employee submits such a vacation request or professional development proposal, or the College is scheduling outstanding vacation or professional development time, pursuant to Articles 10.18 3 or 12.1(b).">>MORE(in PDF format)

 

Between Douglas College and Douglas College Faculty Association

Date of Award: December 9, 2009

"The Douglas College Faculty Association, in both an individual and policy grievance, argues that the College has violated both the collective agreement and the B.C. Human Rights Code, when it stated clearly to a Dean's Selection Committee that it would not accept Dr. Peter Wilkins, the Grievor, as a candidate for the Dean's position in the Faculty of Language, Literature and the Performing Arts (LLPA) because he was married to another instructor in the same department (English) for which this new Dean would have responsibility. ">>MORE(in PDF format)

 

Between BCRTC and CUPE, Local 7000

Date of Award: November 23, 2009

"The Union filed a grievance on its own behalf, on behalf of its members and on behalf of David Becker on August 23, 2007. The issue is the interpretation and application of Article 21.00 Group Benefits which states in part: Retired employees with five (5) or more years of service shall be eligible to receive this coverage. Under Article 21.00, employees who fall within the scope of the above noted provision receive 100% Employer paid extended health Care (with the exception of a pay direct card), a reduced level of dental care 40% Employer paid, and 100% Employer paid Medical Services Plan coverage. The Union's position is that an employee with five or more years of service, and age 55 or older, is eligible for the group benefit coverage upon retirement from the Employer, whether he/she seeks employment elsewhere or not. The Employer's position is that employees are only eligible for the coverage if they retire from active employment in general.">>MORE(in PDF format)

 

Between Emergency and Health Services Commission & Ambulance Paramedics of BC CUPE Local 873

Reasons for Judgement: July 29, 2009

"This application has been brought on in the context of a labour dispute between the applicant, the Emergency and Health Services Commission, and the respondent the Ambulance Paramedics of British Columbia CUPE Local 873.">>MORE(in PDF format)

 

BCTF v British Columbia (Attorney General)

Date: April 3, 2009

"The Attorney General of British Columbia applies for a stay of the order of Mr Justice Cole made 30 March 2009 until the hearing of the appeal of that order. In comprehensive reasons the judge held a newly enacted provision of legislation governing general elections in this province to be unconstitutional as contrary to the right to freedom of expression.">>MORE(in PDF format)

 

BCTF v. British Columbia (Attorney General)

Date: March 31, 2009

"The Attorney General and the individual defendants have requested that I suspend the implementation of my order [see the case below for details of this order] until after the election.">>MORE(in PDF format)

 

BCTF v. British Columbia (Attorney General)

Date: March 30, 2009

"The plaintiffs are four public sector unions and one individual member of a plaintiff union. They challenge the constitutionality of third party election advertising restricions in the BC Election Act on the grounds that they unjustifiably infringe their rights and freedoms under the Canadian Charter of Rights and Freedoms">>MORE(in PDF format)

 

Between HEABC and The Hospital Employees' Union

Date: January 7, 2009

"The Union has filed a policy grievance objecting to the inclusion of video surveillance in the materials provided to a Claims Review Committee">>MORE(in PDF format)

 

Between The Faculty Association of UBC and UBC, CUPE, Local 2278, CAUT, AUCC

Date: January 14, 2009

"The Faculty Association of UBC is appealing from the Award of Arbitrator David C. McPhillips, pronounced March 12, 2008, in which the arbitrator concluded that he was without jurisdiction over the content of UBC's Senate's Policy on Student Evaluation of Teaching">>MORE(in PDF format)
-- Costs awarded February 12th >MORE (in PDF format)

 

City of Vancouver & CUPE Local 1004

Decision: January 9, 2009

"This is a decision about whether the Employer must continue paying grease time for backhoe operators. It follows a decision by the Labour Relations Board that my previous award of May 29, 2007 should be remitted back to me. The issue is estoppel.">>MORE(in PDF format)

 

City of Vancouver & CUPE Local 1004

Decision: January 9, 2009

"This is a decision about whether the Employer must continue paying grease time for backhoe operators. It follows a decision by the Labour Relations Board that my previous award of May 29, 2007 should be remitted back to me. The issue is estoppel.">>MORE(in PDF format)

 

BC Rapid Transit Co. Ltd. & CUPE Local 7000

Date of Hearing: December 5, 2008

"The central issue in the case is the interpretation and application of Article 21.00 which declares "retired employees with five or more years of service to be eligible for coverage" under extended health, dental care and Medical Service Plan (MSP) provision of the collective agreement.">>MORE(in PDF format)

 

The Faculty Association of UBC & UBC

Date of Judgement September 26, 2008

"Applications are made to intervene in this appeal of a preliminary award made March 12, 2008, of an arbitrator, David C. McPhillips. He concluded he was without jurisdiction under the collective agreement between The Faculty Association of the University of British Columbia and the University to entertain a grievance by the former regarding the Policy on Student Evaluation of Teaching of the Senate of the University for the creation, implementation, and application of student evaluations of teaching in all academic programs at the University's Vancouver campus.">>MORE(in PDF format)

 

Evans v. Teamsters Local Union No. 31

Decision: May 1, 2008

"E was employed for over 23 years as a business agent in the respondent union's Whitehorse office.  He was dismissed on January 23, 2003 after the election of a new union executive. The incoming president faxed E a termination letter, and later that same day telephoned him to 'commence discussions'. E's legal counsel wrote a letter to the incoming president the following day submitting that E was entitled to reasonable notice of the termination of his employment.">>MORE(in PDF format)

 

City of Vancouver and CUPE Local 1004

Decision: February 5, 2008

L. McGrady for the Union

"The Union applies under Section 99 of the Labour Relations Code for review of an arbitration award dated May 29, 2007 of John Steeves. The award deals with a grievance about the Employer's cancellation of its longstanding practice of paying 'Grease Time' to 21 backhoe operators in its Waterworks and Sewer Operations.">>MORE(in PDF format)

 

Frick v. International Brotherhood of Electrical Workers, Local 213

Decision: January 31, 2008

C.J. Foy for the Defendant

"In his statement of claim, Mr. Frick alleged that the defendant had breached its bylaws and constitution by requiring him to pay Electrical Industry Advancement Fund dues when he was not working under the Inside Wiremen's Agreement.">>MORE(in PDF format)

 

Between Thompson Rivers University and CUPE, Local 900

Decision: November 19, 2007

G. James Baugh for CUPE

"This application was filed by the University College of the Cariboo Faculty Association (now TRUFA). TRUFA seeks a declaration under Section 139 of the Labour Relations Code (the "Code") that a number of positions transferred from the Open Learning Agency ("OLA") to the University College of the Cariboo are included in the TRUFA bargaining unit rather than in the CUPE bargaining unit.">>MORE(in PDF format)

 

Between BCPSEA & BC Teacher's Federation/Vancouver Teacher's Federation

Date of Hearing: November 6, 2007

L. McGrady & C.J. Foy for the Union

"This proceeding is concerned with four grievances filed by Susan Davis, Jill Ferguson, Lynn Johnson, and Hillary Spicer against the Employer's refusal to pay them the early retirement incentive benefit under the parties' Early Retirement Incentive Plan.">>MORE(in PDF format)

 

Between City of Vancouver and CUPE, Local 15 and Local 1004

Published: August 30, 2007

L. McGrady & C.J. Foy for the Defendants

"The plaintiffs, the City of Vancouver and the Board of Parks and Public Recreation, seek an injunction restraining and enjoining the defendants from obstructing, impeding and blocking ingress to and egress from the plaintiffs' property at what I will call the National Avenue Works Yard and the Manitoba Transfer Station or Work Yard.">>MORE(in PDF format)

 

Between ICBC and Canadian Office and Professional Employees Union

Published: August 30, 2007

L. McGrady & Brian Nelson for the Union

"I am satisfied from a careful review of the evidence, submissions of the parties and case law that the Union's grievance succeeds. Specifically, I find that Article 12.07 does not allow for the payout of any TO days to Full-time regular employees in positions covered under the hours of work provisions....">>MORE(in PDF format)

 

Between Canadian Pacific Railway Company and Teamsters Canada Rail Conference

Date: May 18, 2007

L. McGrady, C. Foy & G. James Baugh for the Defendants

"This is an application by the plaintiff, Canadian Pacific Railway Company for an interim injunction. The plaintiff asserts that it requires the court's assistance to restrain illegal picketing and related unlawful acts...">>MORE(in PDF format)

 

Gordon Charles Langston and Dungeon Siege Productions, Inc and Teamsters Local 155

Date: February 21, 2007

G. James Baugh for the Union

"Langston applies under Section 12 of the Labour Relations Code asserting that the Union violated its duty of fair representation by refusing to pursue a grievance relating to his dismissal by the Employer.">>MORE(in PDF format)

 

Douglas College and Douglas College Faculty Association

Date: September 13, 2006

G. James Baugh for the Association

"In May 2005, the parties agreed to include the Memorandum of Agreement in their collective agreement as Letter of Understanding #15. Paragraph D of the Agreement, and in particular the meaning of the following italicized sentence is central to the issues in dispute...">>MORE(in PDF format)

 

Nanaimo Seniors Village Appeal

Date: January 23, 2007

G. James Baugh for various employees

"The Appellants appeal a Determination of the Director dated July 24, 2006. The Determination found that the Employment Standards Act had been contravened and ordered the Appellants to pay $729,761.87, on account of unpaid annual vacation pay, group termination pay, accrued interest and an administrative penalty...">>MORE(in PDF format)

 

Nanaimo Seniors Village and HEU

Date: December 5, 2006

G. James Baugh for the Union

"This is an application for judicial review of two decisions of the Labour Relations Board of BC. The application is brought by Well-Being Seniors Services Ltd and Nanaimo Seniors Village Partnership. The petitioners request that this Court set aside the decisions of the Labour Relations Board of BC or, in the alternative, that this Court remits the matter to the Board.">>MORE(in PDF format)

 

Fraser Health Authority and HEU

Date: October 31, 2006

G. James Baugh for the Union

"James complains under Section 12 of the Labour Relations Code. She says the Union failed in its duty to properly represent her, in dealing with her application for disability benefits under the applicable collective agreement.">>MORE(in PDF format)

 

Evans v. Teamsters Local Union #31

Date: September 25, 2006

L. McGrady for the Appellant

"The appellant Teamsters Local Union No. 31 appeals the order of the Supreme Court of the Yukon Territory ordering the union to pay $100,008.79 plus interest to Donald Norman Evans. The order was entered on 19 January 2006.">>MORE(in PDF format)

 

Vasquez v. United Steelworkers of America, Local 1-3567

Date: September 18, 2006

G. James Baugh and Christopher J. Foy for Plaintiff

"Avelina Vasquez is employed as a cleaner at St. Paul's Hospital. Her claim is that between November 4, 2003 and May 20, 2004, her employer, Aramark Canada Facility Services Ltd., ("Aramark"), deducted union dues and remitted them to the International Wood and Allied Workers of Canada, Local No. 1-3567, now United Steelworkers of America, Local No. 1-3567.">>MORE(in PDF format)

 

Bell et al v. Stang & Telecommunications Workers Union

Date of Hearing: June 15, 2006

L. McGrady for Plaintiff

"A long and bitter labour dispute has left the Telecommunications Workers Union bitterly divided. Delegates to a union convention voted to hold an immediate election for all executive positions, although about half of the executive members had either one year or two years remaining in their terms of office.">>MORE(in PDF format) and as a backgrounder see the Interim Order issued in March, 2006.

 

Arbitration between City of Vancouver and CUPE Local 15

Hearing: May 29, 2006

Leo McGrady for CUPE Local 15

"The grievance giving rise to this proceeding was filed by Local 15 as the result of the City's admitted failure during the period 1999-2003 (approx.) to provide certain eligible part-time and auxiliary employees with the option to enroll in the pension plan which for some of that period was governed (in part) by the Pension (Municipal) Act and the Municipal Pension Plan Regulation, and latterly by a Joint .Trusteeship Agreement and the Municipal Pension Plan Rules having their authoritative source in the Public Sector Pension Plans Act; and as the result of the parties' inability to agree on the appropriate remedial consequences of the City's admitted failure aforesaid.">>MORE(in PDF format)

 

Langara College and Langara College Faculty Association

Date: May 16, 2005

G. James Baugh for the Union

"The parties agree that this Board has the jurisdiction to determine this matter which involves a grievance filed by the Langara College Faculty Association on behalf of the English Department, protesting the decision of the President of Langara College in April, 2005 to refuse to appoint Julia Denholm as Department Chair of the English Department...">>MORE(in PDF format)

 

Nanaimo Seniors Village

Decision: July 24, 2006

G. James Baugh for the Employees

"The Director of Employment Standards has received complaints from 96 employees and former employees of Nanaimo Seniors Village (the Complainants) filed under section 74 of the Employment Standards Act (the Act) alleging that Nanaimo Seniors Village Partnership and Well-Being Seniors Services Ltd., (jointly the Employer)contravened the Act by failing to pay group termination pay. At issue is a claim filed through the law offices of McGrady Baugh & White, alleging that 123 care staff employees at the Nanaimo Seniors Village were terminated on either January 4, 2004, July 14,2004 and on September 9, 2004, without notice or termination pay. The Complainants request compensation for length of service and group termination compensation for all three terminations.">>MORE(in PDF format)

 

ICBC and COPE Local 378

Hearing: December 10, 2005

  Leo McGrady for the Union

"In May, 2005, the Corporation notified the Union of its intention to implement extended work hours at various locations.... The Corporation decided that all employees at each of the ten affected locations, regardless of relative seniority would be required to work one or more 'late shifts' per week...." >>MORE(in PDF format)

 

M.G.M. Productions and Teamsters, Local 155

Judgement: September 9, 2005

  V.R. (Sam) Black for the Union

"Jasper, Leaf and Rusgen allege that the Union violated its duty of fair referral and duty of fair representation contrary to the Labour Relations Code." >>MORE(in PDF format)

 

Udham Adam Dhami and Teamsters Local Union No. 31

Judgement: August 30, 2005

S.S. Deepak for the respondents

"All of the approximately 43 complainants alleged that the Union breached its duty of fair representation.  The intended and sole issue for the Board to determine concerned allegations that a Union representative had directed, or otherwise advised the complainants, to resign from employment in order to defeat the Board's predicted back-to-work order in response to a potentially unlawful strike involving the complainants.  Such advice, particularly if acted upon, would be so egregious that the Board would have readily concluded that it constituted a breach of the duty to fairly represent the union members.  In order for the complainants to succeed in the complaint, the allegations against the Union representative would have to be proven on a balance of probabilities.  Having observed the complainants' witnesses, the Board was unable to reconcile the inconsistencies among the various witnesses, or the obvious fear that some witnesses were exhibiting, as supportive of the allegations made against the Union representative.  Comparatively, the Board was easily able to accept that the Union's version of events, as described by the Union's witnesses, was more consistent with the Board's knowledge of what had transpired, with the Board's assessment of the credibility of all of the witnesses and with a reconciliation of the various inconsistencies presented in the testimony.  The Board dismissed the complaint." >>MORE(in PDF format)

 

Nanaimo Seniors Village and HEU

Judgement: August 24, 2005

G. James Baugh and V.R. (Sam) Black for HEU

"The Union alleges Nanaimo Seniors Village breached the Labour Relations Code when it terminated all of its care service employees while an application for certification was pending.">>MORE(in PDF format) Note: The Application for Reconsideration was dismissed November 10, 2005. Click here for that decision.

 

Richard Frick v. IBEW, Local 213

Judgement: May 2, 2005

  L. McGrady, Q.C., S.S. Deepak and J. Lennox for the defendant

"In Mainland, Ryan J.A. dismissed the application, stating that a bare allegation that there is a collective agreement in place is not sufficient.  There must be something more in the pleadings and the evidence that makes the issue at least arguable.  In the present case, the Court held that there is such evidence and, specifically, it came from Mr. Peck.  Mr. Peck said that there was an agreement with HCL as evidenced by a draft letter which he said was sent to HCL.  The Court held that the issue should go to the Board for determination.  The question was referred to the Board pursuant to s. 139(c), (e) and (g) of the Labour Relations Code and the action was stayed. " >> MORE(in PDF format)

 

Vancouver Community College Faculty Association v. Vancouver Community College

Hearing: January 9, 2005

L. McGrady, Q.C. for the petitioner

"At a meeting of the Education Council on March 5, 2002, Cheryl Jibodh, a College Instructor in the ELS Department, raised the issue of proposed cuts to certain courses and suggested that the issue should be considered by the Education Council for the purpose of providing advice to the Board. At that meeting, [Vice President and Dean responsible for ELS programs Moira] Henderson stated that the same ELS courses were being run with three different term lengths and "rationalization" would make all ELS term lengths equal to the shortest current term length (September to December). She said that the issue would come to the Education Council...">>MORE(in PDF format)

 

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