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Decisions issued in 2008

07 /07/08 - University of Calgary and The Alberta Union of Provincial Employees -  Letter Decision - Cite: [2008]Alta. L.R.B.R. LD-037

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29/04/08 - AB and Amalgamated Transit Union, Local No. 569, Steve Bradshaw and the City of Edmonton - Formal Decision - Cite: [2008] not yet reported

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29/04/08 - David Butler and Construction Workers Union (CLAC), Local No. 63, Wayne Prins, Jonathan Schat and Phoenix Industrial Maintenance Ltd. - Letter Decision - Cite: [2008] Alta.L.R.B.R. LD-023

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25/04/08 - Westfair Foods Ltd. v. United Food and Commercial Workers Union, Local No. 401 - Letter Decision - Cite: [2008] Alta.L.R.B.R. LD-022

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23/04/08 - Health Care and Service Employees’ Union No. 301 affiliated with the Christian Labour Association of Canada and UNITE HERE Local 47 and Compass Group Canada (Beaver) Ltd./Groupe Compass Canada (Beaver) Ltee and Fort McKay First Nation and First North Catering and Lynda Watson, Judy Purschke and Amber Subject - Letter Decision - Cite: [2008] Alta.L.R.B.R. LD-021

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18/04/08 - Local Union 424, International Brotherhood of Electrical Workers and Neon Sign Crafters Inc.- Letter Decision - Cite: [2008] Alta.L.R.B.R. LD-020

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15/04/08 - United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Union No. 488 and Willbros Construction Services (Canada) L.P. - Letter Decision - Cite: [2008] Alta.L.R.B.R. LD-019

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11/04/08 - Health Sciences Association of Alberta and East Central Ambulance Association - Letter Decision - Cite: [2008] Alta.L.R.B.R. LD-018

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10/04/08 - United Food and Commercial Workers Union, Local No. 401 and Canada Safeway Limited - Letter Decision - Cite: [2008] Alta.L.R.B.R. LD-017

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01/04/08 - Steve Heatherington and the United Food and Commercial Workers Union, Local No. 401 and the Calgary Flames Limited Partnership - Letter Decision - Cite: [2008] Alta.L.R.B.R. LD-016

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31/03/08 - United Brotherhood of Carpenters and Joiners of America, Local Union Nos. 1325 And 2103 and Shell Canada Energy, Albian Sands Energy Inc., Bantrel Constructors Co., Pacer Management Services Ltd., Aecon Constructors A Division of Aecon Construction Group Inc., Jacobs Industrial Services Ltd., Construction Labour Relations – An Alberta Association Roofers (Provincial) Trade Division, Construction Labour Relations – An Alberta Association Carpenters (Provincial) Trade Division, Construction Labour Relations – An Alberta Association Labourers (Provincial) Trade Division,Fluor Constructors Canada Ltd., Bird Construction Company, PCL Industrial Constructors Inc., Canadian Natural Resources Limited, Horizon Construction Management Limited, EPCOR Utilities Inc., Petro-Canada Oil And Gas, Suncor Energy Inc., Construction and General Workers’ Union Local 92, Construction and Specialized Workers’ Union Local 1111 and The Alberta Labour Relations - Court of Queen's Bench Decision - Cite: [2008] Alta.L.R.B.R. as yet unreported

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11/03/08 - United Nurses of Alberta, Local 168 and Extendicare (Canada) Inc. and The Alberta Union of Provincial Employees  - Letter Decision - Cite: [2008] Alta.L.R.B.R. LD-015

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04/03/08 - United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local Union No. 488 affecting Willbros Construction Services (Canada) L.P.  - Letter Decision - Cite: [2008] Alta.L.R.B.R. LD-014

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04/03/08 - Alberta Building Trades Council and its affiliates and Construction Workers Union (CLAC), Local No. 63, Canadian Natural Resources Limited, Horizon Construction Management Ltd. and International Association of Bridge, Structural and Ornamental Ironworkers, Local Union No. 720 - Letter Decision - Cite: [2008] Alta.L.R.B.R. LD-013

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04/03/08 - Construction Labour Relations – An Alberta Association Labourers (Provincial) Trade Division and the Construction and General Workers’ Union, Local No. 92 - Letter Decision - Cite: [2008] Alta.L.R.B.R. LD-012

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22/02/08 - Warren Armstrong and the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local Lodge No. 146 - Letter Decision - Cite: [2008] Alta.L.R.B.R. LD-011

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22/02/08 - Mohamed Ali and the United Food and Commercial Workers Union, Local No. 1118 - Letter Decision - Cite: [2008] Alta.L.R.B.R. 1LD-010

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6/02/08 -United Steel Workers ofAmerica, Local 1-207 and Alberta Labour Relations Board, Foothills Forest Products Inc. and Certain Employees of Foothills Forest Products Inc. - Court of Queen's Bench decision - Cite: [2008] Alta.L.R.B.R. 1

Judicial Review – s. 19(1) - Revocation – s. 54(1) - The Court upheld the Board’s decision dismissing the Union’s objection requesting the Board use its powers under s. 54(1) to dismiss the revocation application on the basis of “any other relevant matter.”  The periodic freedom of employees to change or dismiss their bargaining agent was not outweighed by the fact the Union could not remain in contact with the employees in the bargaining unit for a period of approximately 22 months being the time period it took to address the Union’s successorship application.

The United Steel, Paper and Forestry, Rubber, Manufacturing, Allied Industrial and Service Workers International Union, Local 1-207 (the “Union”) sought judicially review a decision of the Board which allowed a revocation application to proceed despite the fact the Union had little contact with its members for approximately 22 months before the application was filed.  The lack of contact was due, at least part, to the time it took to process a previous successorship application which ultimately confirmed the union had bargaining rights with respect to the successor employer.

Held:   The Court upheld the Board’s decision dismissing the Union’s objection requesting the Board use its powers under s.54(1) to dismiss the revocation application on the basis of any other relevant matter.  The Board’s conclusion that the periodic freedom of employees to change or dismiss their bargaining agent was not outweighed by the fact the Union could not remain in contact with the employees in the bargaining unit was neither patently unreasonable nor unreasonable.

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6/02/08 -Cherrie Mullen, Construction and General Workers' Union, Local No. 92, Mike Reid, Larry Lebold, Ferd Jones, Jeff Cann, Dave O'Connor and Jacobs Industrial Services Ltd. - Letter decision - Cite: [2008] Alta.L.R.B.R. LD-009

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5/02/08 -The Alberta Teachers' Association and Calgary Islamic School - Letter decision - Cite: [2008] Alta.L.R.B.R. LD-008

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29/01/08 - Shad Mard, United Food and Commercial Workers Union, Local No. 1118 and Peter Frost - Letter decision - Cite: [2008] Alta.L.R.B.R. LD-007

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24/01/08 - United Brotherhood of Carpenters and Joiners of America, Local Union No. 2103 and Call Erection and Dismantling Services Ltd. - Letter decision - Cite: [2008] Alta.L.R.B.R. LD- 006

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22/01/08 - Alberta Union of Provincial Employees and United Nurses of Alberta, Local 168 - Formal decision - Cite: [2008] Alta.L.R.B.R. 59

Board – Practice – s. 12(2)(f) - The Board dismissed an application seeking to disqualify counsel from acting.  The applicant failed to demonstrate the confidential information obtained by counsel was relevant to the matter before the Board.

The Alberta Union of Provincial Employees (“AUPE”) requested a declaration stating that counsel acting for the United Nurses of Alberta (“UNA”) be disqualified from acting on behalf of UNA in connection with a specific determination application.  It makes this request on the basis counsel is in a conflict of interest because it possessed confidential information earlier imparted to it by AUPE in connection with previous proceedings before the Board.

Held:   The Board dismissed the application.  While the Board was prepared to accept that confidential information passed from AUPE to the counsel in question, AUPE did not demonstrate a sufficient relationship between the two retainers to raise a rebuttable presumption that relevant confidential information had passed. 

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17/01/08 - United Food and Commercial Workers Union, Local No. 401 and Gateway Casinos G.P. Inc. - Letter decision - Cite: [2008] Alta.L.R.B.R. LD-005

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17/01/08 - Health Sciences Association of Alberta and Capital Health and The Alberta Union of Provincial Employees and the Canadian Union of Public Employees, Local 2111 and 41 and Caritas Health Group - Letter decision - Cite: [2008] Alta.L.R.B.R. LD-004

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16/01/08 - General Teamsters, Local Union No. 362 and Fort McKay Services Limited Partnership - and Certain employees of Fort McKay Services Limited Partnership - Letter decision - Cite: [2008] Alta.L.R.B.R. LD-003

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09/01/08 - Hani Jussein v. UNITE HERE Local 47 and Ron Gerow and Compass Group Canada - ESS Support Services -Letter decision - Cite: [2008] Alta.L.R.B.R. LD-002

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08/01/08 - United Brotherhood of Carpenters and Joiners Of America, Local Unions 1325 and 2103 and Construction Labour Relations – An Alberta Association Interior Systems/Lathers (Provincial) Trade Division and Construction Labour Relations – An Alberta Association and United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Unions 488 and 496 - Formal decision - Cite: [2008] Alta.L.R.B.R 38

Abandonment – s.181(1) – Employers – Interference with Union – s.148(1)(a)(ii) - An REO may dissolve itself and abandon its bargaining rights but it may not do so during the 10 month exclusion period after a notice to commence bargaining has occurred.  The purported dissolution in this case with the intended result of interfering with collective bargaining amounted to a violation of s.148(1)(a)(ii).

The Board addressed various issues arising from the decision of a registered employers’ organization to purportedly dissolve itself.  The issues include whether such dissolution can take place, whether it can do so an alternative to an untimely application for cancellation of the registration certificate, whether it can do so during collective bargaining and thereby bring a collective bargaining dispute to an end, whether a well timed dissolution can raise the percentage of settled trades in the construction industry to 75%, thereby forcing the remaining unsettled trades to interest arbitration and whether it is an unfair labour practice to attempt such a dissolution in these circumstances.

Held:   A registered employers’ organization may dissolve itself.  It may also do so as an alternative to cancellation of the registration certificate under s.181 of the Code.  Given the fact an REO has a statutory and non-statutory character, it should be allowed to abandon its bargaining rights by dissolution unless the Code states or very clearly implies otherwise which it does not.  The Board will exercise its discretion against revoking the registration certificate during the 10 month exclusion period after a notice to commence bargaining has been served.  Even if the organization dissolves itself and no longer exists, the registration certificate is a statutory grant of status that is beyond the power of the REO to alter unilaterally; it remains in force unless and until the Board exercises its power to cancel or reconsider it.  It follows a dissolution during this time period cannot affect the number of trades in the denominator used to calculate the 75% settled trades number.  Finally, the Board found the predictable and intended effect of the dissolution attempt was to interfere with the collective bargaining process of the unsettled trades at a critical time.  This amounted to a violation of s.148(1)(a)(ii).

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04/01/08 - United Food and Commercial Workers Union, Local No. 401, Mark Kovatch, Westfair Foods Ltd., , Bruce Kent, Elizabeth Lietz, Scott Short, Merv Newton and Christina Bullis - Formal decision - Cite: [2008] Alta.L.R.B.R. 1

Employers – Anti-Union Attitude – The Employer engaged in conduct contrary to the Code by illegally pre-screening employees and by inappropriately meeting and communicating with them during the Union certification drive.

The United Food and Commercial Workers Union, Local No. 401 (the “Union”) ran an organizing campaign for employees of the High River Extra Foods (the “Employer”) store.  The Union alleged the Employer committed various unfair labour practices during the course of the organizing drive including a province wide illegal union avoidance campaign, illegal anti-union avoidance conduct at the High River store, and the termination of the key union organizer.

Held:  The Board dismissed the complaint alleging an illegal province wide anti-union avoidance campaign.  The Board found little evidence of this on a province wide basis.  Although the Employer had a stated preference to remain non-union, there was insufficient evidence the Employer on a province wide basis pre-screened employees or engaged in inappropriate conduct.  The Board upheld the Union’s complaint alleging illegal conduct by the Employer at the High River store.  The Employer’s conduct including communication with its employees was inappropriate and contrary to the Code.  The Employer screened potential employees on the basis of whether they had previously worked in a union environment and engaged in inappropriate communication including closed door meetings with employees. Finally, the Board dismissed the complaint alleging the key union organizer was terminated in violation of the Code.  He was terminated for cause and, if anything, his termination was delayed to ensure it was not seen to be in response to the Union’s organizing drive.  The Board granted various remedies aimed at rectifying the Employer’s breaches of the Code.

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02/01/08 - Jim McMillan and United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local Union No. 488 - Letter decision - Cite: [2008] Alta.L.R.B.R LD-001

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