BC Labour Relations Board Dismisses Union's Picketing Application Against Vancouver Airport Authority

Strategic Insights -

The BC Labour Relations Board has dismissed a union's application to require the Vancouver Airport Authority to permit picketing in front of individual food and beverage outlets at the Vancouver International Airport, where bargaining unit members work. The union, Unite Here, Local 40, sought an order under Sections 65 and 133(1)(f) of the Labour Relations Code, citing a strike vote by their bargaining unit members. However, the Board found that the Airport Authority is a federal undertaking and therefore not a "person" within the meaning of the Code, and that the union did not allege that the Airport Authority had contravened the Code.

Key Takeaways:

  • The BC Labour Relations Board dismissed Unite Here, Local 40's application to require the Vancouver Airport Authority to permit picketing at the Vancouver International Airport.
  • The Board found that the Airport Authority is a federal undertaking and therefore not a "person" within the meaning of the Labour Relations Code.
  • The union did not allege that the Airport Authority had contravened the Code, a requirement for the Board to grant an order under Section 133(1)(f).
  • The Board cited Southern Railway of British Columbia Limited (BCLRB No. B49/2015) in determining that the Airport Authority is not a "person" within the meaning of the Code.
  • The union's strike vote was not taken into consideration, as the Board's jurisdiction was found to be lacking.
  • The decision does not address the issue of trespass, as the Board determined that it did not have jurisdiction over the matter.

Statistics:

  • None

Sources:

  • BC Labour Relations Board, Decision of the Board, Case No. 2024-000751 (June 28, 2024)
  • Southern Railway of British Columbia Limited, BCLRB No. B49/2015
  • Labour Relations Code of British Columbia, RSBC 1996, c. 244