- May 26, 2021
- Certifications/Decertifications
On July 30, 2020 the BC Labour Relations Board released its decision in Chemanius v IATSE Local 168. IATSE Local 168 had applied to represent stage technical and box office employees of a not-for-profit theatre. The employer asked that the Board determine whether any of the employees had a sufficient continuing interest in the bargaining unit as a result of COVID-19 layoffs. On March 13, 2020 the Employer had suspended its theatre season. On March 20, 2020 full-time employees and one part-time employee began working from home. On April 2, 2020 the employer advised full-time employees they would remain on payroll until June 6, 2020 and after that point there would be no prospect of recall. The Employer argued that the certification application should be dismissed because there are no employees with a sufficient continuing interest in the bargaining unit because of the indefinite closure of the theatre, which happened before the Union filed its application for certification. The Union argued that full-time, part time and casual employees have a sufficient continuing interest noting that casual employees have not been laid off due to the casual nature of their employment. The COVD-19 crisis is indefinite but temporary and the employer intends to employ its employees when operations resume. The Union cautioned that if the Board accepts the employer’s assertions it would bar employees in non-essential industries from accessing collective bargaining until the end of the pandemic.
Ultimately the Board determined that regular full-time employees and one regular part-time employee were not laid off as of the date of the application. The Board determined these employees have a sufficient continuing interest in the bargaining unit. Both the part time and full time employees had a continuing and tangible felt relationship with the Employer and a reasonable expectation of recall. The Board then examined the evidence in regards to casuals and determined that they did not have a reasonable expectation of recall. Presence on a call list and their skills could not establish a tangible felt relationship. As a result of this determination the Union did not have threshold support and the application was dismissed.