Background: Gate Gourmet Canada Inc., a subsidiary of Gategroup, provided airline catering services at various Canadian airports, including Vancouver International Airport (YVR). Unite Here, Local 40, was the certified union representing Gate’s employees at YVR. After the collective agreement expired on July 31, 2022, the Union initiated a strike on August 1, 2022. In response, Air Canada requested Gate to cater flights from Alberta and Ontario to Vancouver, bypassing the striking workers. Gate complied, using employees from non-struck locations.

Legal Issues: Gate argued that the British Columbia Labour Relations Board's order, which found Gate had violated the Labour Relations Code by using replacement workers, was unconstitutional because it improperly affected operations outside British Columbia. The Union contended that the Board’s order was appropriate and confined to Gate’s operations in British Columbia. The court upheld the Board’s decision, finding a sufficient connection to apply the order to Gate’s out-of-province operations without exceeding the Board’s jurisdiction.

Gate also argued that the Board erred in determining that Gate, as a whole, was the employer and that facilitating Air Canada’s requests constituted the "use" of replacement workers. The Union maintained that the Board correctly interpreted the Code. The court found the Board’s interpretation and application of the Code reasonable.

Outcome: Gate Gourmet’s petition was dismissed. The court ruled in favor of Unite Here, Local 40, and ordered Gate Gourmet to pay the Union’s costs according to Scale B. Financial terms were not specified.