An independent arbitrator has found BC Ferries did not have the right to lay off hundreds of employees due to the pandemic. (Kendra Crighton/News Staff)

BC Ferries wrongfully laid off hundreds of workers at beginning of pandemic

Independent arbitrator finds layoffs breached collective agreement

BC Ferries did not have the right to lay off hundreds of employees due to the pandemic, an independent arbitrator has found.

Employees were notified on April 3 that the company would be temporarily laying off hundreds of employees due to the profound decline in ferry traffic as the pandemic took hold.

The next day, regular and casual employees began to be laid off.

READ ALSO: BC Ferries revenue down $109 million in first quarter of 2020

Within six days, about 425 regular employees and about 690 casual employees were notified of their temporary layoffs. These employees were told that BC Ferries did not know when service levels would go back to normal, but that every effort would be made to recall them “as soon as [BC Ferries] can.”

In the following days, the BC Ferry and Marine Workers Union filed a grievance alleging BC Ferries had violated the collective agreement.

“The employer’s decision was unquestionably disruptive to the lives of its employees, denying them pay and their work identity during a time of crisis. The employer’s only justification for taking these extreme measures was to save money,” argued the union.

According to the ferry service’s quarterly report, BC Ferries lost $62 million – a stark contrast to the net earnings of $12.2 million from the same quarter in 2019. Ending June 30, 2020, first-quarter revenue was $137.4 million, down $109 million year over year.

READ ALSO: Feds offer ‘life preserver’ funds to BC Ferries as pandemic sinks revenue

Starting in May, BC Ferries began to recall some of its employees and by July 2 all regular and casual employees were recalled to work.

Arbitrator John B. Hall found the layoffs breached the collective agreement between BC Ferries and the union. In Hall’s Sept. 28 decision, he noted that the company did not have the right to place regular employees on ‘off duty status’ and that employees should have continued to be paid in accordance with the negotiated salary schedules.

BC Ferries has approximately 4,200 union employees, of those 3,100 are regular and the remaining 1,100 are casual employees. The company also employs about 450 seasonal workers throughout the summer.

Now, determining the remedial consequences such as outstanding wages, benefits and damages will go back to BC Ferries and the union for resolution.

– With files from Nina Grossman


 

Do you have something to add to this story, or something else we should report on? Email:
kendra.crighton@blackpress.ca. Follow us on Instagram.  
Like us on Facebook and follow us on Twitter.

bc ferry

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

(Photo: Twitter@SurreyRCMP)
Surrey Mounties, pet owners, bracing for Halloween

Last year the Surrey RCMP received 147 fireworks complaints on Diwali and 121 on Halloween

Signage outside of Mount Olive Lutheran Church in South Surrey advises of the drive-thru schedule. (Contributed photo)
Cold-weather clothing donations sought at South Surrey drive-thru effort

Weekly collection continues in Mount Olive Lutheran Church parking lot

(Delta Police Department photo)
Delta police investigating after another teen girl followed in Tsawwassen

Police say a man in a burgundy car approached teen girls on at least two, possibly three occasions

White Rock RCMP are searching for Richard John Lewis, who is wanted on warrants for assault and uttering threats. (RCMP handout)
White Rock RCMP searching for wanted man

Richard John Lewis is wanted on warrants for assault, uttering threats

Provincial health officer Dr. Bonnie Henry updates the COVID-19 situation, B.C. legislature, Oct. 26, 2020. (B.C. government)
B.C.’s COVID-19 case count jumps by 287, another senior home outbreak

Two more deaths recorded, community outbreak in Okanagan

An untitled Emily Carr painting of Finlayson Point was donated to the Art Gallery of Greater Victoria by brothers Ian and Andrew Burchett. The painting had been in their family for several decades. (Courtesy of the Art Gallery of Greater Victoria)
Never before seen painting by famed B.C. artist Emily Carr gifted to Victoria gallery

Painting among several donated to Art Gallery of Greater Victoria

The B.C. Centre for Disease control is telling people to keep an eye out for the poisonous death cap mushroom, which thrives in fall weather conditions. (Paul Kroeger/BCCDC)
Highly poisonous death cap mushroom discovered in Comox

This marks first discovery on Vancouver Island outside Greater Victoria area

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

100 Mile Conservation officer Joel Kline gingerly holds an injured but very much alive bald eagle after extracting him from a motorist’s minivan. (Photo submitted)
Rescued bald eagle that came to life in B.C. man’s car had lead poisoning

Bird is on medication and recovering in rehab centre

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Janet Austin, lieutenant governor of B.C., was presented with the first poppy of the Royal Canadian Legion’s 2020 Poppy Campaign on Wednesday. (Kendra Crighton/News Staff)
PHOTOS: B.C. Lieutenant Governor receives first poppy to kick off 2020 campaign

Janet Austin ‘honour and a privileged’ to receive the poppy

Premier-elect John Horgan and cabinet ministers are sworn in for the first time at Government House in Victoria, July 18, 2017. (Arnold Lim/Black Press)
Pandemic payments have to wait for B.C. vote count, swearing-in

Small businesses advised to apply even if they don’t qualify

The B.C. Teacher Regulation Branch has issued a decision about the actions of an elementary school teacher in Langley. (Langley Advance Times files)
Langley elementary teacher suspended for grabbing, shoving, yelling at kids

Roxann Rojas will lose her legal authority to teach for two weeks from Oct. 25 to Nov. 7, 2020

Most Read