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)

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

On average, the Comox Station receives 60 call outs per year. Photo by RCM-SAR member Chris Beech, Media.
BOATING WITH BARB: Victoria JRCC and RCM-SAR Station 60 Comox work together to save lives

Barb Thomson Special to The Record Just imagine you wander down to… Continue reading

A Courtenay resident labours to remove the snow build-up from around her car in February 2019. The area may see snow throughout the coming weekend. Black Press file photo
Snow, winter not done with the Comox Valley quite yet

Flurries, snow and cold temps predicted for the weekend

Dr. John Hooper is the new conductor of Island Voices. Photo supplied
Island Voices welcomes new conductor

This spring will be a time of transition for Island Voices chamber… Continue reading

From left—Rev. Ryan Slifka (minister, St. George’s); Ellen Wise (elder, St. George’s); Evangeline Mathura, (vice-president, Dawn to Dawn); Grant Shilling (outreach worker, Dawn to Dawn), with a cheque for $10,433.15.
Courtenay church donates more than $10,000 to transitional housing and support service

St. Goerge’s presents Dawn to Dawn with $10,433.15 cheque

A pine siskin is treated for salmonella poisoning at the Mountainaire Avian Rescue Society (MARS) hospital, in Merville. Photo by Gylaine Anderston.
Salmonella poisoning in birds and pets a result of unclean bird feeders

Have you ever endured a bout of food poisoning? If you remember… Continue reading

Provincial health officer Dr. Bonnie Henry prepares a daily update on the coronavirus pandemic, April 21, 2020. (B.C. Government)
B.C. adjusts COVID-19 vaccine rollout for delivery slowdown

Daily cases decline over weekend, 31 more deaths

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
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

B.C.’s Ministry of Advanced Education and Skills Training announced funding to train community mental health workers at four B.C. post-secondary institutions. (Stock photo)
B.C. funding training of mental health workers at four post-secondary institutions

Provincial government says pandemic has intensified need for mental health supports

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic in Toronto on Thursday, January 7, 2021. THE CANADIAN PRESS/Nathan Denette
No Pfizer vaccines arriving in Canada next week; feds still expect 4M doses by end of March

More cases of U.K. variant, South African variant found in Canada

Health-care workers wait in line at a UHN COVID-19 vaccine clinic in Toronto on Thursday, January 7, 2021. THE CANADIAN PRESS/Nathan Denette
Canadians who have had COVID-19 should still get the vaccine, experts say

Pfizer-BioNTech and Moderna vaccines were found to have a 95 per cent efficacy

An empty Peel and Sainte-Catherine street is shown in Montreal, Saturday, Jan. 9, 2021, as the COVID-19 pandemic continues in Canada and around the world. THE CANADIAN PRESS/Graham Hughes
Poll finds strong support for COVID-19 curfews despite doubts about effectiveness

The poll suggests 59 per cent remain somewhat or very afraid of contracting COVID-19

Egg producers in B.C. aren’t obligated to reveal their production sites. (Sarah Simpson/Citizen)
Officials say there’s not enough Vancouver Island eggs to meet demand

BC Egg Marketing Board doesn’t regulate labelling, supply needed from off-Island

A female prisoner sent Langford police officers a thank-you card after she spent days in their custody. (Twitter/West Shore RCMP)
Woman gives Victoria-area jail 4.5-star review in handwritten card to police after arrest

‘We don’t often get thank you cards from people who stay with us, but this was sure nice to see’: RCMP

Most Read