Melissa VanderHouwen

Pacific Honda v. International Association of Machinists and Aerospace Workers, Local Lodge 1857

The Union grieved the Employer’s failure to recognize National Day for Truth and Reconciliation as a designated statutory holiday under the Collective Agreement.

Arbitrator Saunders agreed with the Union’s argument that National Day for Truth and Reconciliation is a statutory holiday under the collective agreement, and ordered the Employer to recognize it as such, and to compensate the employees for the losses occasioned to date. The Arbitrator applied well-known collective agreement interpretation principles to conclude that the phrase “forced by legislation to close its operation” cannot be read in its literal sense. Therefore, the phrase must be a description of the legislative context in which businesses either close, or pay wages at a premium, given the legislative context in which the collective agreement exists.

Read the decision here…

Finning (Canada) v International Association of Machinists and Aerospace Workers Vancouver Lodge 692 (COVID-19 Vaccination Disclosure Policy), 2022 CanLII 25773 (BC LA)

After the Employer implemented a COVID-19 Vaccination Disclosure Policy requiring that employees either disclose that they had been fully vaccinated against COVID-19 or show proof of a negative Rapid Antigen Test, the Union grieved the aspects of the Policy which required employees to pay for their own rapid tests and conduct the tests on their own time.

Arbitrator Southern upheld the Union’s grievance with respect to the cost of the tests. She found that the Employer should bear the cost of rapid tests for multiple reasons, including that rapid tests were analogous to a required “safety item” under the Collective Agreement for which the Employer had agreed to pay. However, the Arbitrator found that the time required to take a rapid test was not a significant enough demand on an employee’s personal time to warrant compensation.

Accordingly, the Arbitrator declared the aspect of the policy requiring employees cover the cost of rapid testing to be invalid and ordered the Employer to compensate the employees affected by making them whole with respect to those expenses.

Read the decision here…

YVR Enviroshred (Shredwise) v. CUPW, Local 739 Fraser Valley West, B148/2019

Reconsideration of BCLRB Decision No. B48/2019. The Original Panel’s conclusion that Local 739 met the Provincial Character requirement was rationally and reasonably supported by the evidence, and the Original Panel made its finding the finding was made in a manner consistent with the evidentiary onus required of Local 739 as a long-standing BC local of a well-known national union.

View case >