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Mediation

BC Labour Relations Board Dismisses Union's Challenge to Coast Mountain Bus Company's Implementation of MyWORK Remote Access System

Strategic Insights

— 2 min read

The BC Labour Relations Board has issued a decision in the case of Coast Mountain Bus Company Ltd. versus Unifor, Local Union No. 111, dismissing the Union's challenge to the Employer's implementation of the MyWORK Remote Access system. The Union had alleged that the Employer had breached several provisions of the Labour Relations Code, including Sections 6, 4, 27, and 49, by introducing the system without consulting or negotiating with the Union.

Key Takeaways:

  • The Union had alleged that the Employer's implementation of the MyWORK Remote Access system breached several provisions of the Labour Relations Code, including Sections 6, 4, 27, and 49.
  • The Board found that the Employer had not breached the collective agreement or the Code, and that the matter should be deferred to the parties' dispute resolution process under the collective agreement.
  • The Board cited the policy of deferring disputes arising out of a collective agreement to the parties' dispute resolution process, as established in the case of Repap Carnaby Inc. (BCLRB No. B31/94).
  • The Board also found that the Union's request under Section 88(b) of the Code for the matter to be submitted to arbitration without the need for the parties to begin at Stage 1 of the grievance process was reasonable, and directed that the matter be immediately submitted to the final stage in the parties' grievance arbitration procedure under their collective agreement.
  • The Board dismissed the Union's arguments under Section 54 of the Code, finding that the Employer's implementation of the MyWORK Remote Access system was not a restructuring affecting the job security of a significant number of employees.

Statistics:

  • The collective agreement between the Union and the Employer covers approximately 4000 workers and expires on March 31, 2026.
  • The Employer has implemented a "Spareboard" system to cover certain work, which is maintained by approximately 400 Spareboard Operators.
  • The MyWORK Remote Access system has been implemented to allow employees to do work-related tasks electronically, using either MyWORK kiosks in the workplace or remotely through cellular phones.
  • The Union alleges that the Employer's implementation of the MyWORK Remote Access system has breached several provisions of the Labour Relations Code.

Sources:

  • Labour Relations Code of British Columbia
  • Repap Carnaby Inc. (BCLRB No. B31/94)
  • Transcontinental Printing 2005 GP (BCLRB No. B83/2011)
  • British Columbia Ice and Cold Storage Limited (BCLRB No. 377/83)
  • British Columbia Rapid Transit Company Ltd. (2022 BCLRB 84 (Leave for Reconsideration of 2021 BCLRB 185))

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