The B.C. Labour Relations Board (LRB) found that Cascadia Liquor breached the Labour Relations Code by illegally using replacement workers during a strike, and the union has since filed a second complaint, saying the liquor store was illegally bargaining with striking employees during the strike.
The Cascadia Liquor strike is reaching its sixth week as the union, the Service Employees International Union, tries to negotiate higher wages for the employees of three Greater Victoria Cascadia locations.
According to the first complaint head-office executives, including general managers, area general managers, and their “wine and spirits specialist,” had been working various shifts across their Greater Victoria stores and performing duties such as aiding customers, working as cashiers, and even doing deliveries.
The decision made by the LRB noted seven different instances where head-office employees were performing the work typically done by store employees while they strike.
The board ordered Cascadia to cease and desist from breaching the code in that manner.
"This decision confirms what all of us on the picket line have known since the first week of this strike," said Joey Olynyk, a striking Cascadia Liquor worker, in a news release. "Our employer isn't capable of running these stores in our absence without breaking the law."
Keith Barbon, CEO of Cascadia, says the "very discrete" infractions were not malicious or ill-intended, but they were undertaken in service of meeting the needs of their customers.
"Given that we work in a retail environment where our managers and head office employees have always partnered with employees to provide excellent customer service, Cascadia has only tried to continue utilize its existing managerial workforce in a manner that is compliant with the Labour Code. The LRB’s recent ruling is a 'bottom line' decision and more detailed reasons for that decision will follow," he said.
According to the board, on May 31 Cascadia filed a complaint alleging the union had "engaged in witness intimidation," but the complaint was dismissed the next day. Cascadia did not respond to questions about the harassment complaint.
On June 4, the union filed a second complaint, saying Cascadia once again breached the labour code by bargaining in bad faith after Cascadia made an offer on May 31.
The complaint says the employer sent out texts to striking employees with a link to a document, titled We Have a Fair Offer for You, that lays out terms to an offer from Cascadia.
"We recently made a new offer of settlement to the union. We think it’s a fair offer. It gives you a healthy wage increase and allows us to remain competitive. We asked the union to let you vote on it. They said no. We find that troubling. We think you should be free to exercise your democratic right to vote on our offer," the document read. "We think this dispute has gone on too long. Too many people have lost wages and had their lives disrupted. It’s time to end this dispute and we think this offer can end it. We want you to have a voice on your collective agreement and a chance to vote on our offer."
The document offered a proposed wage grid, which was redacted in the document, but it did mention a $600 signing bonus for employees if a deal is reached before June 16.
"You should also know our offer is better than the newest collective agreement that the SEIU have negotiated for liquor store employees at one of our competitors in our neighbourhood – the Harris Green Liquor Store. We think this shows that our offer is fair – it would be the highest paying private liquor store collective agreement on the Island," the document continued.
The union claims the communication was unlawful, because the code says the employer must not interfere with the formation of a union; an employer must not refuse or fail to bargain collectively; and if a union is the bargaining agent for the employees, it has authority to bargain collectively for the employees.
The code also mentions that a union is the bargaining agent for employees and a collective agreement is not in force, the employer must not increase or decrease the rate of pay of an employee in the unit or alter another term or condition of employment until one year after the LRB certifies the union as bargaining agent for the employees or until a collective agreement is executed.
"On May 31, we, the company, issued a bulletin to employees who are on strike to provide them with an update, as well as a copy of the Company’s proposal. We felt a duty and obligation to ensure that our team members had a fair and equal opportunity to see and understand what Cascadia Liquor’s comprehensive proposal contained," said Barbon. "While the union alleges that the communication is unlawful because it amounts to an attempt to negotiate directly with employees, we respectfully disagree. Employers routinely communicate with their team members during labour disputes, and this is entirely lawful. In this instance, the Company’s bulletin merely provided an update concerning the status of negotiations and the company’s position."
The hearing for the second complaint will be On Friday, June 13.
