Cascadia Liquor breaks the law during strike according to legal complaint filed by SEIU Local 2
May 21 2024 - 6:30PM
Cascadia Liquor broke the law by using prohibited replacement
workers to perform duties normally done by its striking employees,
according to an unfair labour practice (ULP) complaint. SEIU Local
2 filed the complaint today at the BC Labour Relations Board.
The BC Labour Relations Code (the Code) prohibits employers from
unfairly diluting workers’ collective power by using the services
of new hires or recent transfers to mitigate the effects of a
strike.
In this case, the complaint says Cascadia, which is owned by the
Truffles Group, violated the Code when it directed several newly
hired managers and head office employees to perform work that, but
for the strike, would have been performed by striking workers.
The workers are inviting the community to join them in a rally
calling on Cascadia to respect workers rights.
WHAT:
Solidarity Saturday Rally
WHEN:
Saturday May 25, 2024 @ noon
WHERE:
Cascadia Liquor at Quadra Village (2670 Fifth Street,
Victoria)
Cascadia has been using replacement workers to perform
bargaining unit work, including operating the cash register and
assisting customers. According to the complaint, this is against
the law.
The employer has also been using a replacement worker to perform
deliveries. Prior to the strike, a union member at Quadra performed
Cascadia Liquor’s deliveries in the Victoria area. Managers only
assisted with deliveries on exceedingly rare occasions. But since
the strike began, management has been performing deliveries.
A copy of the legal complaint with additional details will be
available at: www.Thirstyforafairdeal.ca.
WHAT THE LAW SAYS ON REPLACEMENT WORKERS
Section 68 of the Code prohibits the use of
replacement workers to perform bargaining unit work:
68 (1) During a lockout or strike authorized by this Code an
employer must not use the services of a person, whether paid or
not,
a) who is hired or
engaged after the earlier of the date on which the notice to
commence collective bargaining is given and the date on which
bargaining begins,
b) who ordinarily
works at another of the employer's places of operations,
c) who is
transferred to a place of operations in respect of which the strike
or lockout is taking place, if he or she was transferred after the
earlier of the date on which the notice to commence bargaining is
given and the date on which bargaining begins, or
d) who is employed,
engaged or supplied to the employer by another person,
to perform
e) the work of an
employee in the bargaining unit that is on strike or locked out,
or
f) the work
ordinarily done by a person who is performing the work of an
employee in the bargaining unit that is on strike or locked
out.
REMEDY
The Union has requested a number of remedies including that the
Board issue a declaration that the Employer violated the Labour
Relations Code; order Cascadia to cease and desist the violations;
and order that Cascadia pay damages for this conduct.
BACKGROUND
Cascadia workers from Quadra Village, Eagle Creek, and Colwood
have been on strike for respect and fair wages since May 4,
2024.
They joined SEIU Local 2 last year because they needed
improvements and fairness at the workplace, including better wages.
Like many retail workers, they’ve struggled to make ends meet, and
cannot count on regular raises that keep up with the rising costs
of living.
For more information, please visit
www.Thirstyforafairdeal.ca
SEIU Local 2 represents 20,000 workers in British Columbia,
Ontario, Nova Scotia, New Brunswick, and Alberta. We are proud
members of the largest, fastest growing and most dynamic union in
North America.
Media Contact Steve Fanning |
236-558-1746sfanning@seiulocal2.ca |