An arbitrator agreed with the International Brotherhood of Electrical Workers (IBEW), Local 213, that Regional District of Bulkley-Nechako workers whose positions are being grandfathered deserve pay raises.
IBEW and the Burns Lake-headquartered regional district reached their first collective agreement in October 2023. The three-year deal gave workers a 2 per cent raise upon ratification and the greater of 7 per cent in pay increases or cost of living adjustments over the course of the contract.
But, in late January 2024, workers classified as Site Attendant 2 and Landfill Operator 3 were informed that they would not receive a further increase, triggering the union’s grievance.
Both positions had been designated for “red-circling.” Arbitrator Koml Kandola had to decide whether that meant the job categories would be phased out or the workers were ineligible for a pay raise until lower classifications matched them.
Kandola’s Dec. 19 decision, under the Labour Relations Code, said the parties did not have a mutual intention to cap wages for the existing employees.
“The employer believed, but did not communicate, that those wages would be frozen until the wages for the other site attendants and landfill operators caught up, while the union believed they would receive the same classification wage increases as all other classifications,” Kandola wrote.
The 2023 pay scale for the three positions under the Site Attendant 2 category was $27.91 to $31.41 per hour. For the lone Landfill Operator 3 position, it was $38.80 to $43.67 per hour.
Kandola found there was no substantive provision that stated the wages would be frozen for the duration of the contract.
“I declare that the proper interpretation of ‘red-circled employees’ in Article 15.01 is the interpretation advanced by the union,” Kandola wrote. “I order the employer to make the affected employees whole.”
