BC Labour Relations Decision B149/2007 July 13, 2007
Local 15 submits that the City intervened in collective bargaining between the City of Richmond (“Richmond”) and two CUPE locals to “pressure” Richmond to break off collective bargaining as part of a “plot” designed to require members of Local 15 to vote on the City’s final offer proposal.
I find there is no violation of the Code relating to the alleged “interference” by way of the City allegedly intervening with respect to collective bargaining between Richmond and the two CUPE locals for the following reasons. First of all, there are no particulars provided of the alleged “plot” by the City. This claim is based solely on the assertion that a member of Richmond’s bargaining team told a representative of the two CUPE locals that the City had “pressured” Richmond City Council. No particulars regarding the nature or alleged circumstances upon which the allegation is based are advanced.
In any event, on the facts alleged it is not at all apparent, even if it did occur, how it is asserted that would constitute an unfair labour practice or otherwise breach the Code.
As has been noted by the Board on numerous occasions, collective bargaining often includes elements of pressure or leverage. On the facts alleged, it would be entirely open to draw another inference than that posited by Local 15, i.e., that this was simply an attempt by the City to maintain a tactically advantageous collective bargaining position.
I find this element of the application to be without merit and accordingly, it is dismissed.
For the reasons set out above, Local 15’s application is dismissed.
LABOUR RELATIONS BOARD