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

Just Posted

Prince Rupert Gas Transmission project searches for partners

TransCanada is renewing permits for its natural gas pipeline project to North Coast.

Coastal GasLink stops work to investigate archaeological find

OGC archaeologists are en route to the Houston-area site where Unist’ot’en report finding stone tools

All Native Basketball Tournament Day 5: Recap

Highlights and results from day 5 at the All Native Tournament

All Native Basketball Tournament Day 6: Preview

Look ahead to all the action scheduled for Feb. 16 at the All Native Tournament

Coastal GasLink prepares sites of construction work camps

Unist’ot’en condemn 14 ‘man camps’ housing 500-800 workers as threatening safety of women and children

VIDEO: Canada’s flag turns 54 today

The maple leaf design by George Stanley made its first appearance Feb. 15, 1965

Eight cases of measles confirmed in Vancouver outbreak

Coastal Health official say the cases stem from the French-language Ecole Jules Verne Secondary

Plecas won’t run in next election if B.C. legislature oversight reforms pass

B.C. Speaker and Abbotsford South MLA says he feels ‘great sympathy’ for Jody Wilson-Raybould

Workshop with ‘accent reduction’ training cancelled at UBC

The workshop was cancelled the same day as an email was sent out to international students

Former B.C. premier Gordon Campbell accused of sexual touching

Accuser went to police, interviewed by Britian’s Daily Telegraph

Judge rules Abbotsford home must be sold after son tries to evict mom

Mom to get back down payment and initial expenses

Trump officially declares national emergency to build border wall

President plans to siphon billions from federal military construction and counterdrug efforts

Snow turns to slush, rain as it warms up across B.C.’s south coast

Some areas are already covered by more than half a metre of snow following three separate storms

Father to be charged with first-degree murder in Amber Alert case

11-year-old Riya Rajkumar was found dead in her father’s home in Brampton, Ontario

Most Read