In a recent ruling, the B.C. Labour Relations Board (BCLRB) granted the union’s application to include employees working in the employer’s Quality Assurance Department in the existing bargaining unit.
The employer, Turning Point Brewing Company, had opposed the application, stating that including the Quality Assurance Department employees would create an unavoidable conflict of interest. However, the BCLRB found that Turning Point failed to provide sufficient evidence to support this claim.
Background
Turning Point operates a brewery in Delta, B.C., and the Service Employees Union Local 2, Brewery, General and Professional Workers Union, was certified to represent the Employer’s employees except for those working in the Quality Assurance Department.
Before the certification, the union had expressed its right to apply to include the Quality Assurance Department employees in the bargaining unit at a later date.
Employer’s arguments
The employer argued that the Quality Assurance Department employees have unique skills and qualifications compared to other bargaining unit members. It also claimed that the physical and administrative structure of the employer does not support combining the two groups.
Furthermore, Turning Point contended that there is no functional integration between the Quality Assurance Department employees and the rest of the bargaining unit.
It also raised concerns about potential conflicts of interest arising from the Quality Assurance Department employees’ responsibilities, such as their authority to order work stoppages.
Union’s Response
The union countered the employer’s arguments, stating that there is no significant conflict of interest between the Quality Assurance Department employees and other bargaining unit members. The union emphasized that the Quality Assurance Department plays a crucial role in ensuring product safety for distribution to the public and that their recommendations do not identify specific employees responsible for errors.
Board’s Decision
After considering the arguments from both parties, the BCLRB ruled in favor of the Union. The board found that the Quality Assurance Department employees’ unique qualifications and skills did not justify a separate bargaining unit.
It also emphasized that the Quality Assurance Department employees’ responsibilities did not create a fundamental conflict of interest with other bargaining unit members.
With this ruling, the Quality Assurance Department employees will now be part of the existing bargaining unit represented by the union.
For more information, see RTD Canada Inc. (doing business as Turning Point Brewing Company) v Service Employees’ International Union Local 2, Brewery, General and Professional Workers’ Union, 2023 BCLRB 119 (CanLII)
