In B.C., unionized workers who have a complaint with their employer must be represented by their union. Under the B.C. Labour Relations Code Section 12, if a unionized employee feels their union has represented them in a way that is arbitrary, discriminatory or in bad faith, they may file what is called a Section 12 Failure to Represent complaint with the B.C. Labour Relations Board (LRB).
Despite repeated efforts by provincial government employees to have their union representatives challenge the BC Public Service proof of COVID-19 vaccination mandate, the BC General Employees’ Union (BCGEU) failed to represent its members.
BCGEU members were never consulted on this change to their collective agreement nor did they agree to it. Rather, the BCGEU sided with the employer and allowed the punitive treatment of employees, including termination for cause with no severance pay or access to employment insurance.
BCPSEF responded by supporting Jason Baldwin, a terminated BCPS employee and BCGEU member who filed a Section 12 complaint.
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