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An explanation about LDB pay increase - BCGEU


I'm writing to follow up about a grievance our union filed in 2019 that alleged that the BC Liquor Distribution Branch (BCLDB) had failed to provide its employees with a pay increase on the first pay period after April 1. 

I want you to know that, after a deeper investigation by our union's Advocacy department, BCLDB employees did indeed receive a pay increase at the correct time in April 2019. It just came a week later than many of us expected.

As such, our union is not proceeding with the BCLDB wage increase grievance. I can understand any disappointment and would like to assure you that our Advocacy department thoroughly investigated the circumstances before we came to this decision. Below is a full explanation. If you have any questions, please respond to this email.

In solidarity,

Kusam Doal
Vice President, Component 5 (Retail Stores & Warehouse)
___________________________________________________________________

In 2019, our union filed a grievance that alleged that the BC Liquor Distribution Branch (BCLDB) had failed to provide its employees with a pay increase on the first pay period after April 1 – as per article 27.3 of the current (18th) Main Collective Agreement.

By way of background, the language found in article 27.3 of the 18th Main Agreement is the same as the language found in the same article of the 17th Main Agreement. The difference is that in the 17th Main Agreement, the specific dates on which the pay increase was to take effect were set out, whereas in the 18th Main Agreement, the dates were not set out. The dates set out in the 17th Main Agreement correspond with the Public Service pay periods. These differ from the LDB pay periods by one week. 

For the duration of the 17th Main Agreement, the dates for the first pay period after April 1 were as follows:

Public Service

LDB

April 5, 2015

April 12, 2015

April 3, 2016

April 10, 2016

April 2, 2017

April 9, 2017

April 1, 2018

April 8, 2018

 
As you can see, the Public Service's first pay period after April 1 is one week before the LDB's first pay period.
 
By following the Public Service pay schedule, the LDB received its pay increase one week earlier than it would have for each year during the life of the 17th Main Agreement.
 
At the time of the grievance in 2019, under the 18th Main Agreement, the first pay periods after April 1 were as follows:

Public Service

LDB

April 14, 2019

April 7, 2019


In this case, by following the Public Service payroll schedule, the LDB received its pay increase one week later than if the employer had provided the pay increases pursuant to the LDB's payroll schedule.
 
During bargaining of the current Main Agreement, the mutual intention of the union and the employer was to ensure that everybody in the public service receive the same pay increase during the life of the agreement.
 
In this case, the entire public service, including employees working at the LDB have received 52 weeks at the increased pay rate, which began on April 14, 2019 and will continue to receive each annual increase for 52 weeks going forward. 
 
To summarize, the employer's practice of utilizing the Public Service pay schedule for pay increases for employees of the LDB has been in effect since the 17th Main Agreement, and the employer did so even when it benefitted the LDB employees. Since the mutual intention of the parties was to provide all employees with equal pay increases lasting 52 weeks in duration during the course of the 18th Main Agreement, the union is of the view we would be unsuccessful at arbitration.




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