Reference no: EM132886480

Case Incident- The Ferry Strike

Broadway LTD maintains highways in British Columbia pursuant to a contract with the provincial Ministry of Trans-potation. In addition to clearing debris in the summer and ploughing snow in the winter, the company operates several ferries crossing waterways. Broadway employees are represented by a union. One of the ferries operated by Broadway crosses a river at Capri Point. The town's medical, police and fire services are located on the east side of the river, The only gas stations and grocery store serving the community are also located on the east side. Approximately 500 residents of the town (75 percent) live on the west side of the river. There are two alternative routes to the ferry: residents can walk along trails and cross the river using a railway bridge near the centre of town, or they can drive one hour along the river one way to another ferry terminal and then drive back along the other side. The relevant portions of the provincial Labour Relations Code provide as follows: Essential services. 72 (1) If a dispute arises after collective bargaining has commenced, the chair may, on the chair's own motion or on application by either of the parties to the dispute, (a) investigate whether the dispute poses a threat to (i) the health, safety, or welfare of the residents of British Columbia, (b) report the results of the investigation to the minister. (2) If the minister (a) after receiving a report of the chair respecting a dispute, or (b) on the minister's own initiative considers that a dispute poses a threat to the health, safety or welfare of the residents of British Columbia, the minister may direct the board to designate as essential services those facilities, productions and services that the board considers necessary or essential to pre-vent immediate and serious danger to the health, safety or welfare of the residents of British Columbia. (3) When the minister makes a direction under sub-section (2) the associate chair of the Mediation Division may appoint one or more mediators to assist the parties to reach an agreement on essential services designations. (8) If the board designates facilities, productions and services as essential services, the employer and the trade union must supply, provide, or maintain in full measure those facilities, productions and services and must not restrict or limit a facility, production or service so designated. (9) A designation made under this section may be amended, varied, or revoked and another made in its place.27 Normally the ferry service operates 6:30 a.m. to 10:30 p.m. seven days a week. Prior to the expiry of the collective agreement on April 30, 2018, the company and the union entered into an essential services agreement that provided that if there was a strike, the ferry would operate from 6:30 to 9:30 a.m. and from 2:30 to 5:30 p.m. weekdays, and in the event of an emergency an additional crossing would be arranged. Despite regular bargaining sessions during May and early June, a breakdown in negotiations took place and a strike commenced on June 15, 2018. Ferry service now operated pursuant to the essential services agreement. On June 28, at the end of the school year, the union filed an application with the Labour Relations Board to further reduce the level of service provided by the ferry, claiming that during the summer school break the ferry service should be reduced. In the school year, school bus services depend on the ferry, making round trips twice a day to homes on the east and west sides of the river. In July and August, there would be only one school bus providing transportation to students. The union proposed that the hours of operation be reduced to 7:45 to 8:45 a.m. and 3 to 4 p.m. in July and August. The union's application also provided that the hours of operation be restored to those provided in the original essential services agreement when the new school year resumed in September if the strike was still in effect. The employer opposed the reduction in hours and made a counterapplication requesting that the service hours be restored to the stated hours of operation. The employer based its application on complaints it had received during the operation of the essential services agreement and a few specific incidents. Many residents on the west side were using the Railway Bridge and wheelbarrows to obtain groceries. At the end of the hours of operation provided in the essential services agreement, there were five cars on average lined up on each side. A pregnant woman who required medical attention had walked across the railway bridge. Several farmers on the west side who normally use the ferry to transport produce were concerned that they had been forced to take the alternative road route. There had also been an incident in which an ambulance was delayed in crossing when the ferry was not operating due to a failure to call in the required number of employees needed to operate the ferry.

1: Outline an argument that the employer could make before the Labour Relations Board?

2 Outline a response the union could make to the employer's request for a return to normal hours of operation?

3 What powers does the British Columbia provincial Minister responsible for Labour Relations have in this situation?

4 Identify and explain the rationale alternative contract dispute resolution (CDR) method to be applied in the future between the ferry service and its union?