Arbitration awards - Jurisdiction

UBC and CUPE and BCGEU - BCLRB No. B79/2007 (May 4, 2007)
CUPE Local 2950 applied under Section 35 and 139 for a declaration that employees employed by UBC at the Okanagan campus performing clerical, library and other related work are covered by the Local's certification and the UBC/Local 2950 collective agreement. CUPE Local 116 made a similar application seeking a declaration that employees of UBC performing clerical, technical and other related work at UBCO are covered by the UBC/Local 111 collective agreement. UBC and BCGEU argued that the bargaining unit that existed between Okanagan University College and BCGEU should be maintained after the successorship.

The CUPE Locals' applications are dismissed. The Board declined to exercise its discretion under Section 35 to alter or restructure the existing collective bargaining structure at UBCO. Special weight was given to the existing BCGEU unit and on balance the IML factors supported a finding that a rational and defensible line could be drawn around the existing GEU unit and thus this unit was appropriate for collective bargaining.