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Dickie & Company Law Corporation

Representing Trade Unions and Their Members

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Representative Decisions

The following is a sampling of some of Patrick’s many previous cases that have been selected for publication in various legal reports (click on the name of the case to see the full decision).

Council of Unions / Collective Bargaining

In this case the BC Labour Relations Board concluded that the Bargaining Council of BC Building Trade Unions had the authority to enter into a project collective agreement binding its member unions.

Bargaining Council of British Columbia Building Trades Unions -and- United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local No. 170 –and- Construction Labour Relations Association of British Columbia, BCLRB No. B91/2017, 5 C.L.R.B.R. (3d) 93 (leave for reconsideration denied, BCLRB No. B108/2017, C.L.R.B.R. (3d) 116)

Solicitor Client Privilege

In this decision a labour arbitrator granted the union’s application for production of documents that the employer claimed were exempt from disclosure on the basis of solicitor client privilege.

British Columbia Emergency Health Services -and- Ambulance Paramedics of British Columbia (Harassment Complaints Investigation Grievance), 2017 CanLII 19002 (BC LA), 131 C.L.A.S. 73, 276 L.A.C. (4th) 249 (Pekeles)

Labour Disputes / Bargaining in Bad Faith

In this case the BC Labour Relations Board dismissed an application by the employer alleging that the union had bargained in bad faith and was engaged in an illegal strike.

Naramata Centre Society -and- Canadian Union of Public Employees, Local 608, BCLRB No. B157/2014, 249 C.L.R.B.R. (2d) 78, 2014 CLLC para. 220-061

Damages for Mental Distress

In this labour arbitration the union was successful in obtaining rarely awarded damages for mental distress on behalf of a seriously ill worker who was wrongfully denied sick leave by the employer.

Fortis B.C. -and- International Brotherhood of Electrical Workers, Local 213 (Pearson Grievance), 2011 CanLII 53591 (BC LA), 210 L.A.C. (4th) 319 (Thompson)

Labour Disputes

In this case the union cancelled its voluntary recognition agreement with the employer in the midst of collective bargaining and all of the union’s members promptly ceased working for the employer.  The employer alleged that the union was engaged in an illegal strike, but the BC Labour Relations Board accepted the union’s argument that its actions were permissible.

Viatek Communications Inc. -and- Local 213 of the International Brotherhood of Electrical Workers, BCLRB No. B5/2011, 190 C.L.R.B.R. (2d) 90

Bias

In this case the union succeeded in getting a vice chair of the BC Labour Relations Board to recuse himself from hearing an employer application during a labour dispute due to a reasonable apprehension of bias.

Emergency and Health Services Commission (British Columbia Ambulance Service) -and- Ambulance Paramedics of British Columbia – CUPE Local 873, BCLRB No. B213/2009, 173 C.L.R.B.R (2d) 256

Labour Disputes / Unfair Labour Practices

In this case the BC Labour Relations Board found that the employer had committed an unfair labour practice by distributing Christmas gift cards and an anti-union letter to employees during a strike.

Fiesta Supermarket Ltd. -and- United Food and Commercial Workers International Union, Local 1518, BCLRB No. B84/2009, 169 C.L.R.B.R. (2d) 178

Human Rights

In this case before the BC Human Rights Tribunal, the Tribunal dismissed a complaint alleging that the content and application of the union’s Code of Ethics constituted discrimination contrary to the Human Rights Code.

Miller -and- British Columbia Teachers’ Federation, 2009 BCHRT 34, 66 C.H.R.R. D/112

Union Organizing / Unfair Labour Practices

In this case the BC Labour Relations Board granted the union the rare remedy of a remedial certification, after finding that the employer had committed intimidating and coercive unfair labour practices by meeting individually with employees and asking them who was behind the union’s organizing drive.

Islands West Manufacturers Ltd. -and- United Food and Commercial Workers International Union, Local 1518, BCLRB No. B44/2008, 155 C.L.R.B.R. (2d) 214 (leave for reconsideration denied BCLRB No. B141/2008, 159 C.L.R.B.R. (2d) 63)

Labour Disputes

In this case the BC Labour Relations Board dismissed an employer application alleging that the union was engaged in an illegal strike when its members refused to work behind a picket line during a strike by another union.

British Columbia Public School Employers’ Association on behalf of The Board of Education of School District No. 39 (Vancouver) -and- Local 213 of the International Brotherhood of Electrical Workers, BCLRB No. B225/2007, 149 C.L.R.B.R. (2d) 55

Harassment Investigations

In this labour arbitration the arbitrator ordered production of a harassment investigation report sought by the union, rejecting most of the many conditions sought by the employer and its manager.

Kamloops/Thompson School District No. 73 -and- Canadian Union of Public Employees, Local 3500 (Ault Grievance), 156 L.A.C. (4th) 171, 87 C.L.A.S. 292 (Dorsey)

Labour Disputes / Replacement Workers

In this case the BC Labour Relations Board ordered the employer to cease and desist using replacement workers during a labour dispute.

Westfair Foods Ltd. -and- United Food and Commercial Workers International Union, Local 1518, BCLRB No. B116/2006, 123 C.L.R.B.R. (2d) 153

Labour Disputes / Picketing and Allies

In this case the BC Labour Relations Board granted an application by the union for a declaration that another employer was an ally of a struck employer, permitting the union to picket the ally’s premises.

Westfair Foods Ltd. -and- United Food and Commercial Workers International Union, Local 1518, BCLRB No. B88/2006, 122 C.L.R.B.R. (2d) 210, (leave for reconsideration denied BCLRB No. B133/2006, 24 C.L.R.B.R. (2d) 163)

Union Organizing / Unfair Labour Practices

In this case the BC Labour Relations Board found that the employer had violated the Labour Relations Code by disciplining union organizers, prohibiting the posting of union material in the workplace, and introducing a wage increase and profit sharing during a union organizing drive.  The Board issued a remedial certification and ordered the employer to rescind the discipline, allow the posting of union material, and allow the union to hold regular employee meetings in the workplace.

Trevor J. Lowe Holdings Ltd. -and- United Food and Commercial Workers International Union, Local 1518, BCLRB No. B212/2005, 115 C.L.R.B.R. (2d) 113 (leave for reconsideration denied BCLRB No. B50/2006, 122 C.L.R.B.R. (2d) 155)

Union Organizing / Unfair Labour Practices

In this decision the BC Labour Relations Board granted the union various remedies for the employer’s unfair labour practices during a large union organizing campaign.  These remedies included ordering the employer to pay the union’s previous organizing costs, provide the union with a list of names of all employees, distribute union organizing literature to all employees at the employer’s expense, and allow union organizers access to employer property for a three month period.  The union’s organizing campaign was subsequently successful.

RMH Teleservices International Inc. -and- British Columbia Government and Service Employees’ Union, BCLRB No. B280/2005, 117 C.L.R.B.R. (2d) 106

Union Organizing / Unfair Labour Practices

In this case a five member reconsideration panel of the BC Labour Relations Board overturned an earlier decision which had allowed the employer to subject employees to constant anti-union propaganda during a union organizing campaign.

RMH Teleservices International Inc. -and- British Columbia Government and Service Employees’ Union, BCLRB No. B188/2005, 114 C.L.R.B.R. (2d) 128 (Leave for Reconsideration of BCLRB No. B345/2003, 100 C.L.R.B.R. (2d) 95)

Union Organizing / Bargaining Unit Appropriateness

In this case the BC Labour Relations Board dismissed all of the employer’s various objections to the appropriateness of a bargaining unit that the union was seeking to certify.

Cardinal Transportation B.C. Inc. -and- Canadian Union of Public Employees, Local 561, BCLRB No. B184/2005, 114 C.L.R.B.R. (2d) 112

Union Organizing / Certification Practice and Procedure

In this case an Industrial Relations Officer prepared a report for the BC Labour Relations Board that concluded the union lacked the necessary employee support to proceed with its certification application, which normally results in the dismissal of the application.  However, the union successfully challenged the accuracy of the report and obtained disclosure of the tentative voters list and a payroll audit, which enabled the certification application to proceed.

Cardinal Transportation B.C. Inc.-and- Canadian Union of Public Employees, Local 561, BCLRB No. B355/2004, 109 C.L.R.B.R. (2d) 76 (leave for reconsideration denied BCLRB No. B96/2005, 112 C.L.R.B.R. (2d) 204)

Labour Disputes / Contempt of Court

In this BC Supreme Court case Patrick represented the union in a sentencing hearing for contempt of court for engaging in an illegal province-wide hospital strike.

British Columbia (Health Employers Assn.) v. Facilities Subsector Bargaining Assn., 2004 BCSC 762, 31 B.C.L.R. (4th) 124, 131 A.C.W.S. (3d) 847

Information and Privacy / Solicitor Client Privilege

In this pro bono case Patrick represented a woman who sought documents from the College of Physicians after its Sexual Misconduct Review Committee reviewed the documents and decided not to proceed with her complaint.  The BC Court of Appeal concluded that the majority of the documents were not protected by solicitor client privilege as claimed by the College, but that they could be withheld under the Freedom of Information and Protection of Privacy Act because they revealed advice to a public body.

College of Physicians of British Columbia v. British Columbia (Information and Privacy Commissioner), 2002 BCCA 665, [2003] 2 W.W.R. 279, 176 B.C.A.C. 61, 9 B.C.L.R. (4th) 1, 23 C.P.R. (4th) 185, 118 A.C.W.S. (3d) 592 (leave to appeal denied, [2003] S.C.A.A. No. 83)

Union Organizing / Unfair Labour Practices

In this case the BC Labour Relations Board granted the union a remedial certification after finding that the employer had engaged in the coercion and intimidation of a vulnerable immigrant workforce.

Viva Pharmaceuticals Inc. –and- Communication, Energy and Paperworkers Union of Canada, Local 2000, BCLRB No. B9/2002, 81 C.L.R.B.R. (2d) 1

Injunctions

In this pro bono case in the BC Supreme Court, Patrick helped defend homeless squatters in the Downtown Eastside against an injunction application by the City of Vancouver.

Vancouver (City) v. Maurice, 2002 BCSC 1421, 28 C.P.C. (5th) 124, 35 M.P.L.R. (3d) 276, 120 A.C.W.S. (3d) 137

Charter of Rights

In this decision the BC Court of Appeal dismissed the employer’s appeal of an arbitration award that found the employer’s mandatory retirement policy violated the Charter of Rights and Freedoms.

Greater Vancouver Regional District Employees’ Union v. Greater Vancouver Regional District, 2001 BCCA 435, 206 D.L.R. (4th) 220, 158 B.C.A.C. 231, 43 Admin. L.R. (3d) 12, [2002] CLLC para. 230-002, 87 C.R.R. (2d) 1, 108 A.C.W.S. (3d) 692

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