Legal News

interim order against contracting refused

In a recent decision, the British Columbia Labour Relations Board refused a request by the Health Employees Union (the “HEU”) for an interim order to stop the contracting out of hospital services usually done by HEU members.

The decision arose from an application filed by two unions, the HEU and the BC Government and Service Employees’ Union (“BCGSEU”), against several employers alleging that the employers had committed unfair labour practices in a variety of ways having to do with anticipated contracting out of services currently performed by HEU members. By way of remedy, the Unions sought declarations that the Respondents had committed unfair labour practices against them and their members. The HEU also sought an interim order “that the hospital and the health authorities not contract out or in any bargaining work, nor lay off HEU members in pursuance of such contracting out or in, until the Board renders a final decision in this application”.

In BCLRB No. B175/2002, the Board refused to grant the interim order, noting that there was no evidence that any HEU member had been discriminated against, denied employment, coerced or intimidated. As such, the Board concluded that it was not appropriate to grant an interim order.

HEABC and the Province of British Columbia (Ministry of Health) were represented by Harris & Company counsel.

(Click here for link to Decision)