The dilemma: 140 workers told to relocate within 30 days – but arbitration could take 4 months
The BC Court of Appeal ruled recently against TELUS Communications after it planned to consolidate call centres across four provinces, affecting roughly 1,000 unionized workers.
Most would be required to report to the office three days a week but 140 employees based in Barrie, Ont., would need to relocate to Montreal.
The company gave workers 30 days to choose: accept the changes or take severance. The deadline was Aug. 9, 2024.
The Telecommunications Workers Union filed grievances on July 29, 2024, challenging the consolidations. The collective agreement allowed up to 120 days between filing a grievance and having an arbitrator appointed but workers facing relocation decisions couldn't wait that long.
So, the union went to the BC Supreme Court that same day, asking a judge to pause the Aug. 9 deadline. TELUS, however, argued that the court had no authority to interfere. Section 60(1)(a.2) of the Canada Labour Code gives arbitrators power to grant interim injunctions, the employer said.
The union's counter was simple: arbitrators only have that power once they're actually appointed. With no arbitrator in place and workers staring down life-changing decisions, someone had to act now.
The judge sided with the union and granted the injunction on Aug. 8, 2024. He found that TELUS's "tight timelines did not...
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