Bulletin
TransLink – COVID-19 Mandate Deadline Update
November 29, 2021
To: All MoveUP members at TransLink
As many of you are aware by now, the BC Labour Relations Board (BCLRB) issued a decision late on Friday afternoon which determined that the BC Rapid Transit Company (BCRTC) was required to give the 60 days’ notice required under Section 54 of the BC Labour Relations Code before implementing change that will affect a significant number of employees. The notice period is designed to allow the employer and the union the opportunity to have good faith discussions regarding an adjustment plan. Section 54 is more typically applicable when an employer has announced a closure or significant layoffs. In those cases, the parties discuss such issues as end dates, retraining opportunities, etc. In some cases, the discussions can be around what might possibly be done to prevent the impending closure or layoffs.
We all know that the implementation of a mandatory vaccine mandate is an unprecedented event, and it is therefore not surprising that new labour relations decisions are being made in response to the various positions taken by the parties. In other words, the process is constantly evolving.
In light of the BCRTC decision, your union was contacted Saturday morning to discuss the potential implications of the Section 54 applications made by MoveUP. Our application requested that the mandate be set aside while the matter of interim relief was before the BCLRB and that in any event we should have received the required 60 days’ notice.
In another decision, the BCLRB denied interim relief to the union, and it was determined that we would not succeed either as the decision was based on basically the same set of facts. This meant that the 60-day notice was the only item left for your union to seek. Accordingly, when the employer contacted us with an offer to extend the deadline your union reviewed its options very seriously. Following significant discussions on the weekend a deal was reached whereby your union agreed to withdraw its Section 54 application in exchange for an extension of the vaccine mandate deadline from November 29 until December 20, and a commitment from the employer to have meaningful and good faith discussions about an adjustment plan.
MoveUP is in the process of scheduling adjustment plan discussions with the employer. We will be using these meetings as an opportunity to ensure that the vaccine mandate is applied in the least intrusive manner possible and that all options concerning implementation have been considered. Please note that we will not be using the discussions to take a position against the mandate.
We will keep you advised of any further developments.
In Solidarity,
Shawn Lakusta, Union Representative
