Legal News

Labour Relations Board Hears Reconsideration Appeal Seeking Partial Decertification

On Wednesday May 10, 2000, the BC Labour Relations Board heard the reconsideration application of certain employees at a White Spot restaurant (Georgia and Seymour Street in Vancouver) seeking partial decertification. This restaurant is one of sixteen restaurants in the bargaining unit. It was varied into the bargaining unit in 1996. The LRB felt this will a major policy decision, and as such convened a seven person panel including five vice chairs and two members. There were several intervenors including the BC Business Council and the BC Federation of Labour. A decision is not expected for at least two months. The original decision followed established Board policy (Westar, BCLRB No. 47/87) requiring applicant employees to show that circumstances have changed since their inclusion such that it is no longer appropriate for them to be included in the bargaining unit. One of the issues raised by the applicant employees in this case is the Charter right to freedom of association, and particularly the freedom not to associate. The applicant employees are represented by Harris & Company counsel.