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

Just Posted

The Port McNeill Fire Hall. (Port McNeill Fire Rescue photo)
Port McNeill Fire Rescue gets big financial boost from government

Port McNeill mayor Gaby Wickstrom was thrilled by the funding announcement

The river behind the ball field. (Tyson Whitney - North Island Gazette)
Pulled by the flow: river stirs up childhood memories

Gazette editor makes trek through Port Hardy wilderness to swim in the river

FILE – Perry Bellegarde, National Chief of the Assembly of First Nations, takes part in an event on Parliament Hill in Ottawa on Tuesday, July 7, 2020. THE CANADIAN PRESS/Sean Kilpatrick
Indigenous Peoples Day must be a ‘call to action’, says Assembly of First Nations chief

Discovery of children at Kamloops residential school site must lead to change, Perry Bellegarde says

Black Press file photo
RCMP seek suspect in Vancouver Island-wide crime spree

Crimes stretched from Deep Bay to Qualicum, Ladysmith, Chemainus and Youbou

Alert Bay council has decided to cancel Canada Day celebrations. (Alertbay.ca photo)
Alert Bay council cancels Canada Day celebrations

The decision was made in wake of the mass graves being found at former residential schools

The border crossing into the United States is seen during the COVID-19 pandemic in Lacolle, Que. on February 12, 2021. THE CANADIAN PRESS/Paul Chiasson
VIDEO: Border quarantine to soon lift for fully vaccinated Canadians

Eligible travellers must still take multiple COVID-19 tests

Val Litwin is the latest candidate to declare his bid for the B.C. Liberal leadership. (Litwin campaign video)
Political newcomer joins contest for B.C. Liberal leadership

Val Litwin a former B.C. Chamber of Commerce CEO

Six United Way chapters around the province are merging into United Way B.C. (News Bulletin file photo)
United Way Central and Northern Island merging with other chapters around B.C.

Money raised in communities will stay in those communities, agency says

Golden Ears Mountains, captured in May 2021. (Black Press Media files)
2nd year of day passes required for entry into 5 provincial parks launches in B.C.

Pilot program seeks to protect the environment by addressing visitor surges amid the COVID-19 pandemic

Lincoln Mckoen. (YouTube)
Anglican bishop of the central Interior resigns over sexual misconduct allegations

Lincoln Mckoen was elected as a bishop of the Territory of the People region last year

The former Kamloops Indian Residential School on the Tk’emlups te Secwépemc reserve. (Allen Douglas/Kamloops This Week)
Tk’emlups preparing for archaeological work at B.C. residential school site where remains found

The 215 graves are, to the band’s knowledge, undocumented deaths for which it is still collecting records

Fans watch the warm-up before Game 6 between the Toronto Maple Leafs and the Montreal Canadiens in NHL playoff hockey action Saturday, May 29, 2021 in Montreal. Quebec’s easing of COVID-19 restrictions will allow 2,500 fans to attend the game for the first time in fourteen months. THE CANADIAN PRESS/Ryan Remiorz
Two-thirds of Canadians say governments shouldn’t lift all COVID-19 restrictions

Poll reports Canadians who gained pandemic weight say they have gained 16 pounds on average

Paul Bernardo is shown in this courtroom sketch during Ontario court proceedings via video link in Napanee, Ont., on October 5, 2018. Teen killer and serial rapist Paul Bernardo is set for a parole hearing today. The designated dangerous offender, has been eligible for full parole for more than three years. Bernardo’s horrific crimes in the 1980s and early 1990s include for kidnapping, torturing and killing Kristen French and Leslie Mahaffy near St. Catharines, Ont. THE CANADIAN PRESS/Greg Banning
Killer rapist Paul Bernardo faces parole hearing today; victim families opposed

Designated dangerous offender has been eligible for full parole for more than three years.

People look over the damage after a tornado touched down in Mascouche, Que., north of Montreal, Monday, June 21, 2021. Dozens of homes were damaged and one death has been confirmed. THE CANADIAN PRESS/Ryan Remiorz
One dead and extensive damage as tornado hits Mascouche, Que., north of Montreal

Damage reported in several parts of the city, and emergency teams dispatched to sectors hardest hit

Most Read