B.C. Labour Relations Board Reconsiders Coast Mountain Bus Company Decision

The British Columbia Labour Relations Board has confirmed on reconsideration its original decision regarding the “true employer” status of Coast Mountain Bus Company Ltd.

The Greater Vancouver Transit Authority (“TransLink”) is the statutory authority responsible for the regional transportation system in Greater Vancouver. That includes all public transit – bus, seabus, SkyTrain – and the road network. TransLink has delegated many of its responsibilities to certain of its subsidiaries, including Coast Mountain, which provides all public bus service in Greater Vancouver.

Three unions representing approximately 3,500 employees of Coast Mountain applied to the Labour Relations Board for an order that TransLink, not Coast Mountain is the true employer. The result would have been to impose collective agreement restrictions in TransLink’s development and management of the regional transportation system. Following extensive written submissions and a further day of hearing, a majority of the three person panel decided on January 31, 2003 to dismiss the application for reconsideration.

Earl Phillips of McCarthy Tetrault LLP acted for Coast Mountain. Don Richards of Farris & Company acted for TransLink. Leo McGrady Q.C. and Tina-Marie Bradford of McGrady, Baugh & Whyte acted for the Unions.