As of June 20, one of the Movement of United Professionals’ (MoveUP) AMS bargaining units now includes a new component — 176 workers in the Food and Beverage (F&B) department, 114 of whom are students.
Eight days ago, Gurleen Sahota, a Vice-Chair of the BC Labour Relations Board (LRB), a quasi-judicial body that hears and decides labour disputes, ruled in favour of MoveUP, a labour union that represents over 13,000 union members, which had applied under the Labour Relations Code to amend an existing bargaining unit with the AMS and add F&B staff.
Prior to the LRB’s decision, MoveUP had represented 15 AMS administrative and policy staff, having been a bargaining unit (a group of union-represented employees) since 1971 — the unit F&B workers sought to join. MoveUp has also represented another bargaining unit of AMS security staff since 2011.
The Ubyssey reported in February that F&B employees voted to certify MoveUP as their bargaining agent — surpassing the 55 per cent threshold for expedited certification.
F&B department businesses are Blue Chip, Nest Catering and Conferences, the Commissary Kitchen, Stores & Purchasing (Storeroom), Honour Roll, Nourish, Grand Noodle Emporium, Gallery Patio & Lounge and The Pit.
In an interview with The Ubyssey, current F&B employee Jane — who has previously spoken on the condition of anonymity under the same pseudonym due to concern for potential employer retaliation having helped organized the unionization effort — said they expect joining MoveUP will be helpful particularly in negotiating better contract structures, more stable employment and fairer pay.
“Something that students will benefit from is getting perpetual contracts so that they can work here as long as they want, until their behaviour or performance is documented as being inadequate, and [there will be] an actual correct process to letting that person go,” Jane said.
The AMS opposed the union's application to the LRB on the grounds that combining office and F&B staff was not appropriate. Soon after the application was filed earlier this year, the AMS told The Ubyssey that while they did not oppose the move to unionize, F&B workers should have filed to initiate a new bargaining unit under section 18 of the Labour Relations Code, rather than join an existing one.
Proposed bargaining units are generally automatically considered appropriate by the LRB when they include all the employer’s employees. But when only a portion of the employer’s employees seek to join a union — as in this case — a number of factors must be considered in determining whether the proposed unit satisfies the conditions that a “rational and defensible line” can be drawn around prospective unit members who must share a “community of interest.”
Those factors are spelled out in a 1993 decision of the LRB called Island Medical Laboratories (IML), which determines a community of interest on the basis of “the similarity of skills, interest, duties and working conditions, physical and administrative structure of the employer, functional integration and geography.” When an additional certification is applied for, the test is expanded to consider the “practice or history” of both the specific collective bargain scheme in effect as well as “collective bargaining in the industry or sector.”
According to the decision, the AMS’ primary objections on the issue of appropriateness were largely related to the purported differences between the work and skills of F&B staff and MoveUP’s initial members, relating to the first factor.
Specifically, the AMS argued that if the two grouping are combined into MoveUP’s proposed unit, there may be different interests at the bargaining table regarding tenure, health and welfare coverage, pension and long-term compensation, given that office employees are permanent, salaried staff whereas F&B employees are mostly hourly employees only able to work while enrolled at UBC.
MoveUP responded to the student union’s arguments saying they rely on “assumptions and/or stereotypes about students,” according to the decision.
Sahota dismissed the AMS’ objection on this factor, writing that it is “not uncommon for parties to have to negotiate collective agreements for bargaining units that consist of many different types of employees and classifications.”
Sahota did not accept the AMS’ arguments for the remaining factors, either, writing, “After considering the facts and the IML community of interest factors overall, I am satisfied the Proposed Unit is appropriate for collective bargaining.”
“Accordingly, pursuant to Section 23 of the Code, I grant the Union’s application.”
The student union’s Senior Communications and Marketing Manager Eric Lowe said in a statement that the AMS “fully respects” F&B staff’s right to unionize, and while they “continue to believe … F&B employees have different needs and working conditions” than office staff, they respect the LRB’s decision.”
‘We’re committed to moving forward in good faith and working together with the union to reach an agreement that supports everyone on our team.”
In a June 26 bulletin to new members posted online, MoveUP Union Representative Kai Sharpe wrote having been able to “fight off the employer’s legal tactics … Now is the time to move forward with the same level of commitment to bring this component into the existing collective agreement.”
Sharpe added the union’s first steps will be to prepare to implement fundamental rights for F&B staff before initiating a process to establish an agreement to vary employment standards.
“Thank you for putting your trust in us,” he wrote.
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