Background: Pan Pacific Vancouver (Employer) contested the British Columbia Labour Relations Board's reconsideration decision, which had included on-call employees in the bargaining unit of Unite Here, Local 40 (Union).
Legal Arguments and Issues:
- Employer's Claims: The Employer argued that the decision to include on-call employees was unreasonable, alleging that the Union initially agreed to exclude these employees but later reversed its stance, violating section 11 of the Labour Relations Code. They claimed this act deprived on-call employees of their right to choose their representation.
- Union and Board's Defense: The Union and the Board refuted the Employer’s claims, asserting that the facts were misunderstood by the Employer and that the Board had appropriately applied its specialized expertise. They argued that on-call employees were correctly included based on their community of interest with other employees.
Legal Framework and Rulings:
- Board’s Decision: The Board maintained that on-call employees should remain in the bargaining unit, upholding the original certification process.
- Judicial Review: The judge affirmed the Board’s decision, emphasizing the Board’s expertise and the appropriate application of deference in their rulings.
Award and Costs: The judgment did not specify a financial award but mentioned the Employer’s request for costs, indicating their likely unsuccessful outcome in the judicial review.
