Photo: File photo

The province won’t be stepping in to change the B.C. Labour Relations Code to protect inland ferry routes as essential services.

In a letter to the Regional District of Central Kootenay (RDCK) board of directors on Feb. 24, deputy Minister of Labour, Mary Sue Maloughney did not directly say no to the request to protect inland ferry services across Kootenay Lake, and cable ferry services to Glade, Harrop and Procter.

The West Kootenay routes are all currently embroiled in months-long job action and stalled contract negotiations between the B.C. General Employee’s Union (BCGEU) and its employer, Western Pacific Marine.

“As you know, with respect to the current labour dispute, the minister of Labour directed the Labour Relations Board to designate as essential those services that the board considers necessary or essential to prevent immediate and serious danger to the health, safety or welfare of the residents of British Columbia,” Maloughney wrote.

This is the standard for essential services set out in the Code, she contended.

“The board, in its role as an independent tribunal, has adjudicated the essential levels to be maintained during the dispute and has continued to consider applications regarding adjustments to those levels,” Maloughney continued.

In a letter on Jan. 23, the RDCK board of directors asked the province to require the B.C. Labour Relations Code to include the need for the B.C. Labour Relations Board (BCLRB) to consider the impacts to mental health and welfare, in addition to those on physical health and safety, “before it can allow disruption to the access B.C. residents have to the essential services upon which they rely.”

The RDCK letter asked for the research to be entrenched into the Code to ensure essential service levels were paramount in any BCLRB decision.

“Through the implementation of meaningful consultation with communities, including soliciting feedback from community groups, the BCLRB can gain valuable insight into the impact any service reduction will have on our residents that rely on inland ferries for access to both routine and essential services,” the letter stated.

“In labour disputes, the human element is sometimes overlooked, and by having direct input from those who use these services on a more-than-daily basis, much like a highway, the BCLRB can incorporate this critical component into its decision-making process.”

Late last week the BCGEU fired back at Western Pacific Marine when “WPM's owner joined bargaining for the first time to table a final offer that slashed the wage increases previously offered to workers,” a BCGEU press release noted. “Just last week, the union negotiating team was reassured by WPM's team that they were close to a deal with terms similar to those agreed to by B.C.'s other inland ferry operators in the fall.”

According to the union, WPM's final offer cut more than 60 per cent of the increases put forward in October, before job action had even started.

“Western Pacific Marine's latest offer and the manner in which it was delivered is a flat-out insult to ferry workers and the Kootenay communities they serve. To engage in months of bargaining, through job action and multiple Labour Board hearings, only to drastically change their position at the final hour shows that WPM never cared for anything other than their short-term profits," said Paul Finch, president of the BCGEU, in a press release.

Finch said during the period of negotiations in recent weeks, BCGEU members have stood down plans for expanding job action, hopeful of a deal. But the recent turn could ignite further job action.

“In our union's opinion, their latest actions constitute bargaining in bad faith, and we will potentially be filing charges at the Labour Board,” said Finch.

On Tuesday, WPM issued a statement that it believed a neutral third-party arbitrator would provide a fair and objective ruling to contract negotiations that have been ongoing since last fall.

“However, BCGEU has refused to accept binding arbitration, raising serious questions about their motivations,” said Odai Sirri, WPM general manager, in a statement. “If their demands were reasonable, they should have no issue allowing an independent expert to weigh in.”

WPM claimed that, despite months of bargaining, the BCGEU has continuously stalled progress through obstructionist tactics, delaying the process to maximize leverage ahead of the peak summer season when ferry service is most critical to the regional economy.

Bargaining between the two parties began in May 2024 and workers have been engaged in some form of job action since Oct. 12, 2024, with the strike beginning on Nov. 3. BCGEU members at WaterBridge Ferries and WaterBridge Equipment — the other inland ferry operators — ratified new, industry standard agreements in November 2024 with wages that brought their workers in line with comparable roles at B.C. Ferries.

Keep reading

• Feb. 13 — Action demanded by Opposition MLAs on Kootenay Lake ferry, cable ferry workers’ strike with essential services designation
• Jan. 22 — RDCK to petition province for inland ferry service deemed as essential
• Jan. 5 — Ferry job action delayed after last-minute ruling by BC Labour Relations Board
• Oct. 27 — Union reaches tentative agreement with Upper Arrow Lake and Adams Lake ferry employer, 100% service returns