The BC Labour Relations Board has upheld an arbitrator’s ruling, which found that the City of Kamloops violated its agreement with CUPE Local 900 when it restructured its bylaw department into the CSO department.

LRB Vice-Chair David Chesman dismissed the appeal, saying he was not convinced by the City’s claims that it did not get a fair hearing from arbitrator Andrew Sims.

“I further find the arbitrator’s comments on this issue do not warrant comment or intervention by the board,” Chesman wrote in his Jan. 31 decision.

Last August, Sims ruled that while the City of Kamloops had the right to restructure its bylaws department in 2020, it violated its collective agreement with the union, by including probation in new job descriptions, by altering shift work, and by bringing in a new physical fitness test.

Sims also noted that the City “prematurely and contrary to the collective agreement, advised the incumbent employees that, as a consequence of its reorganization, and its posting of the new position, their positions were eliminated.”

Essentially, Sims said the bylaw employees were entitled to continue in their positions until the City had permission to post jobs involving non-normal shifts and rotating shifts.

“From the very beginning we were just trying to negotiate in good faith and come to an agreement on some of those outstanding issues,” CUPE Local 900 President Ken Davis told Radio NL last August.

“In the end the arbitrator sided with the union, that the employer has violated the collective agreement, and so we see that as a win for sure.”

While he largely sided with the union, Sims also dismissed CUPE’s claim that it had a contractual right to resist the creation of a new position and that it could arbitrate the issue if there was an impasse.

In his ruling, Sims said the two sides need to negotiate a way forward, and told them he was available to provide further direction, if necessary.

“Some employees have moved on and will not wish to resume work with the city, others may wish to continue with employment. Any remedial measures will need to take into account the employee’s current choices,” Sims wrote.

The City appealed that ruling, but Chesman noted in his 10-page decision that Sims met the Labour Relations Board’s standard of review.

“I find the arbitrator’s declaration simply acknowledges that, given the finding that the CSO position is currently not compliant with the collective agreement, the circumstances that existed before the posting and filling of the position must prevail until the CSO position is brought into compliance with the collective agreement,” Chesman said.

“I find the arbitrator’s declaration in that regard flows logically from his finding of the collective agreement breach in the award and is not inconsistent with code principles. I am also not persuaded the arbitrator denied the employer a fair hearing in making the declaration.”

“The union acknowledges the declaration is not remedial in nature, and the employer is still able to make any arguments it wishes regarding remedy,” Chesman added. “This is assuming the parties are unable to resolve the matter by agreement.”

You can read Chesman’s entire ruling here.