The union representing workers of B.C. Ferries is in B.C. Supreme Court Nov. 27 and 28 seeking the right to strike. (News Bulletin file)

B.C. ferry workers’ union fights for right to strike

Union in Vancouver Nov. 27-28 for B.C. Supreme Court hearing

The union representing workers for B.C. Ferries is before a B.C. Supreme Court judge arguing for the right to strike.

According to B.C. Labour Relations Board documents, the union applied for a review of a November 2016 arbitration in which the arbitrator determined that the union had “contractually agreed not to engage in strike activity during negotiations for a new collective bargaining agreement.”

Graeme Johnston, B.C. Ferry and Marine Workers’ Union president, the union and its legal team are presenting their case to Judge Grace Choi in a judicial review today and tomorrow, Nov. 28-29, in Vancouver.

Johnston said he wouldn’t comment on what was taking place behind court doors, but did say the union is extremely positive it has a winning argument and ferry workers will receive the right to strike in order to have free and fair collective bargaining, something constitutionally guaranteed under the Canadian Charter of Rights and Freedoms. The union says it is being unfairly denied access to that right through a misinterpretation of the statutory obligations that people are held to under the labour relations code.

“So the Supreme Court of Canada has said that if you’re going to remove the right to strike, it must be done in the most express terms possible, [with] clear language, and it can’t be done by implication and in our case, what the arbitrator ruled and what the board upheld is the removal of our right to strike happened by implication,” Johnston told the News Bulletin.

If the union wins, it won’t be striking in the immediate future, said Johnston. Its current collective agreement expires Nov. 1, 2020 and the period of negotiations begins Aug. 1, 2020.

“Obviously no one ever wants to go on strike, but one thing I’d like to emphasize is that B.C. Ferries, even if the ferry workers do get the right to strike, B.C. Ferries is governed by essential service legislation, so what that means in practice is ferry workers recognize the essential nature of the work that we do and we want to make sure that say your grandmother gets to her hospital appointment or your business continues to run normally, but that you just may not get a hamburger on the ship while you’re going across,” said Johnston.

In a statement, B.C. Ferries said it values the work performed by its employees and respects the collective bargaining process and won’t discuss specifics of labour issues publicly, particularly those before the court.

“B.C. Ferries and the B.C. Ferry and Marine Workers Union are addressing a disagreement regarding an article in the collective agreement that refers to a dispute resolution mechanism that has been in place since 2006, which has resulted in no service interruptions to our customers for the past 17 years. We respect the legal process and will let it take its course,” the statement said.



reporter@nanaimobulletin.com

Like us on Facebook and follow Karl on Twitter and Instagram

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

SHARE: Views offered from local dikes

Send us your photo showing how you view Maple Ridge or Pitt Meadows, and it could be featured soon

Sunny skies expected across Lower Mainland this week

After weeks of rain and smoke, Environment Canada forecasts clear skies and steady warm temperatures

Unofficial holidays: Here’s what people are celebrating for the week of Sept. 27 to Oct. 3

World Farm Animals Day, Drink Beer Day and Virus Appreciation Day are all coming up this week

Ridge Meadows Hospital executive director an “out-of-the-box” thinker

Rich Dillon brings years of valuable experience with Vancouver Coastal Health

Maple Ridge volunteers honoured for decades of service

Community Services held special ceremonies for volunteers John Work and Rodger White

QUIZ: Do you know what’s on TV?

Fall is normally the time when new television shows are released

Canadian ski resorts wrestle with pandemic-vs.-profit dilemma as COVID-19 persists

Few are actually restricting the total number of skiers they allow on the hill

Victoria-area RCMP locate high-risk sex offender thanks to help of taxi cab driver

Scott Jones wanted on a Canada-wide warrant, ‘a risk to women and girls,’ police say

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

A (virtual) walk around the world by 88-year-old B.C. man

George Doi says it’s simple: ‘I like walking’

End of CERB means uncertainty for some, new system for others

As of a week ago, the CERB had paid out $79.3 billion to 8.8 million people

Horgan, Wilkinson trade barbs over MSP premiums, health care at campaign stops

Horgan called a snap election for Oct. 24 earlier this week

Most Read