Labour Board rescinds layoff notice issued to eight Kelowna Cabs employees, ordering a return to the bargaining table

Photo: Castanet/file

The BC Labour Relations Board has determined Kelowna Cabs "failed to bargain in good faith," in a labour dispute with members of its dispatch staff.

According to a decision rendered by the LRB, during contract negotiations in August, Kelowna Cabs stated it did not wish to continue collective bargaining and, instead announced it would be moving to an app-based dispatch system Dec. 1 and close the dispatch office.

The company further stated the COVID-19 pandemic had hit the industry hard, saying it expected to lose up 35 per cent of its business.

The union filed an application with the LRB the following day. The application was amended in October after the company issued layoff notices to all eight employees, with the union claiming the notices were issued improperly.

In its filing, the union claimed Kelowna Cabs "failed to meet its duty to bargain in good faith, and make every reasonable effort to conclude a collective agreement.

"The union says the employer took the position it would replace the whole bargaining unit with a dispatching app after less than four hours of bargaining," according to the the LRB's ruling.

In response, Kelowna Cabs says it wants to bargain in good faith, but "economic and regulatory factors led to its decision to transition to an electronic dispatching system.

"The employer says it is not fair for the union to expect it to bargain further in the circumstances. The employer says its plan to close its dispatch office is pursuant to the notice of change article in the parties' collective agreement."

In its decision, the LRB ruled in part, "having received notice to bargain from the union, the employer met with the union.

"However, without proposing any collective agreement language in writing, and without disclosing any financial information, the employer demanded significant concessions from the union. When the union was not prepared to discuss concessions with the employer without financial information, the employer refused to bargain any further.

"While the employer was entitled to raise its concerns about the impact of ride sharing and the COVID-19 pandemic at the bargaining table, and while it is entitled to seek concessions, it breached Sections 11 and 47 when it made no meaningful effort at all to engage the union in collective bargaining."

In its ruling, the LRB ordered Kelowna Cabs to meet, and bargain with the union in good faith, and make every reasonable effort to conclude a collective agreement, no later than Nov. 20.

It also encouraged both parties to take advantage of the LRB's mediation services.

The layoff was the second issued to the eight employees this year.

In May, layoff notices were issued, however, in that case, the two sides reached a mediated resolution to the complaint. All eight employees returned to work.