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

A health worker holds a vial of AstraZeneca vaccine to be administered to members of the police at a COVID-19 vaccination center in Mainz, Germany, Thursday, Feb. 25, 2021. (Andreas Arnold/dpa via AP)
43 new COVID-19 cases in Interior Health

368 cases in the region remain active

The Williams Lake Trail Riders Arena is slated to have a new roof installed this spring after funding from the province’s Community Economic Recovery Infrastructure Program. (Greg Sabatino photo - Williams Lake Tribune)
Trail Riders Arena, stable stalls, to get new roof at Stampede Grounds

Some of the stalls currently aren’t able to be rented out due to leaks in the roof

A sign is seen this past summer outside Yunesit’in Government office west of Williams Lake reminding visitors and members to stay safe amid the COVID-19 pandemic. (Rebecca Dyok photo)
Yunesit’in First Nation completes second round of vaccinations

A total of 26 people have since recovered from COVID-19 after having tested positive

A 100 Mile RCMP officer stands watch at the intersction of Highway 97 and Horse Lake Road. (Patrick Davies photo - 100 Mile Free Press)
Volunteers, police search Highway 97 for articles related to high-speed chase

Search will stretch from Canco Gas Station in Lac La Hache to 150 Mile House.

An aerial photograph captures snowmobile tracks in the Cameron Ridge area earlier this year, which is closed to snowmobilers. The closures are in place to protect sensitive caribou herds. (Conservation Officer Service photo)
Snowmobilers fined for operating in closed caribou habitat near Likely, B.C.

The investigation revealed they had spent several hours in the closure leaving extensive tracks

Health Minister Adrian Dix looks on as Dr. Bonnie Henry pauses for a moment as she gives her daily media briefing regarding COVID-19 for British Columbia in Victoria, B.C. THE CANADIAN PRESS/Jonathan Hayward
7 additional deaths and 542 new COVID-19 cases in B.C.

Provincial health officials reported 18 new COVID-19 cases linked to variants of concern

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

The City of Vancouver estimates there are 3,500 Canada geese in the city right now, and that number is growing. (Bruce Hogarth)
Help tame Vancouver’s Canada goose population by reporting nests: park officials

The city is asking residents to be on the lookout so staff can remove nests or addle eggs

Chief Justice Christopher Hinkson (Office of the Chief Justice)
Judge questions whether B.C.’s top doctor appreciated right to religious freedom

Lawyer for province says Dr. Henry has outlined the reasons for her orders publicly

A sample of guns seized at the Pacific Highway border crossing from the U.S. into B.C. in 2014. Guns smuggled from the U.S. are used in criminal activity, often associated with drug gangs. (Canada Border Service Agency)
B.C. moves to seize vehicles transporting illegal firearms

Bill bans sale of imitation or BB guns to young people

BC Housing minister David Eby is concerned that Penticton council’s decision to close a local homeless shelter will result in a “tent city” similar to this one in Everett, Wa. (Olivia Vanni / Black Press file)
‘Disappointed and baffled’ B.C. housing minister warns of tent city in Penticton

Penticton council’s decision to close a local homeless shelter could create tent city, says David Eby

A recently published study out of UBC has found a link between life satisfaction levels and overall health. (Pixabay)
Satisfied with life? It’s likely you’re healthier for it: UBC study

UBC psychologists have found those more satisfied with their life have a 26% reduced risk of dying

A vial of some of the first 500,000 of the two million AstraZeneca COVID-19 vaccine doses that Canada has secured through a deal with the Serum Institute of India in partnership with Verity Pharma at a facility in Milton, Ont., on Wednesday, March 3, 2021. THE CANADIAN PRESS/Carlos Osorio - POOL
Federal panel recommends 4-month gap between COVID vaccine doses due to limited supply

The recommendation applies to all COVID-19 vaccines currently approved in Canada

A vial of Oxford-AstraZeneca COVID-19 vaccine is pictured at a family doctor office, Thursday, Feb. 25, 2021 in Paris. THE CANADIAN PRESS/AP -Christophe Ena
Trudeau ‘optimistic’ that timeline for rollout of COVID vaccines can be accelerated

Canada set to receive more than 6M COVID-19 vaccine dose than initially expected, by end of March

Most Read