Vehicles line up to board B.C. Ferries sailing at Tsawwassen. (Black Press Media)

B.C. Supreme Court dismisses review around ferry workers’ right to strike

B.C. Ferry and Marine Workers’ Union collective agreement expires November 2020

A judicial review related to the B.C. ferry workers union’s right to strike has been dismissed by a B.C. Supreme Court judge.

In November, the B.C. Ferry and Marine Workers’ Union presented its case to Judge Grace Choi related to a 2016 arbitration decision, where it was determined that the union “contractually agreed not to engage in strike activity during negotiations for a new collective bargaining agreement.” British Columbia Ferry Services Inc. and B.C. Labour Relations Board were named as respondents.

The union’s current collective agreement is set to expire in November 2020 and a negotiation period begins August 2020. The union previously said it was being unfairly denied access to the right to strike via a misreading of statutory obligations that people are held to under the labour relations code. Last November, Graeme Johnston, union provincial president, told the News Bulletin that the Supreme Court of Canada has stated that if the right to strike is to be removed, it has to 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.”

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

In her judgment dated May 10, Choi said the judicial review was “not a rehearing of a case on its merits,” and that the reconsideration decision may be reviewed on “correctness or patent unreasonableness,” with the union claiming correctness and the other parties claiming patent unreasonableness, according to Choi.

She said the board didn’t administer a “fulsome Charter values analysis,” but that was “not patently unreasonable.” The board knew that the topic was considered by the arbitrator and the original panel, Choi’s judgment said.

“The board was able to determine which principles of law, including the fundamental right to freely associate, were germane and relevant to the decision it had to make within its narrow scope of review … The board concluded that the interest arbitration clause at issue is a legitimate dispute resolution mechanism consistent with the principles expressed and implied in the code,” said Choi.

In conclusion, Choi said she dismissed the union’s application because “nothing leaps out as patently unreasonable respecting the reconsideration panel’s review of the original decision.”

In an e-mail, Deborah Marshall, B.C. Ferries’ spokeswoman, said the corporation was pleased with the court’s decision, but had no further comment.

Johnston didn’t respond to a request for comment.



reporter@nanaimobulletin.com

Like us on Facebook and follow us on Twitter

Just Posted

Bus crash survivor petitions Justin Trudeau to fix road where classmates died

UVic student’s petition well over halfway to 5k signature goal

Suspected opioid overdose likely culprit behind serious crash in Fairfield

Victoria paramedics give unconscious driver Narcan

CRD warns of traffic delays on Marigold Road

Ongoing work in the Colquitz River will affect traffic until Friday

Sooke council threatens to close long-time business

Driver’s Welding application for a temporary zoning variance denied

Sealand was much more than killer whales, says ex-employee

Former Sealasd trainer revisits Sealand of the Pacific in talk

Crime Stoppers most wanted for Greater Victoria for the week of September 17

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

POLL: Should the province step in to upgrade the road to Bamfield?

The death of two University of Victoria students on a bus bound… Continue reading

UPDATED: Hundreds gather to reflect and remember UVic students killed in bus crash

Campus community invited to reflect, support one another

Vaping-related illness confirmed in Ontario believed to be first in Canada

Middlesex-London Health Unit had no further details about the case — believed to be the first confirmed in Canada

Canadian stars Virtue, Moir say in video they’re ‘stepping away’ from ice dancing

The pair thank fans for their support in an emotional message

Kamloops high school evacuated after receiving threat

Police have not released any further details into what the threat includes

Woman held at gunpoint during carjacking in UBC parkade

University RCMP say the vehicle is still missing, and two suspects are at large

VIDEO: Angry B.C. cyclist starts shaming dangerous drivers online

‘You motorists deserve all your costs and misery’

Most Read