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ARTICLE · 23 SEPTEMBER 2020

BC Labour Board Allows Union's Certification Application For Workforce On Layoff Due To COVID-19

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British Columbia's Labour Relations Board (the "Board") recently considered the issue of whether a workforce on layoff due to COVID-19 can unionize.

CanadaEmployment and HR

British Columbia's Labour Relations Board (the "Board") recently considered the issue of whether a workforce on layoff due to COVID-19 can unionize.

In ChemainusTheatre Festival Society and International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States and Canada, Local No. 168 ("Chemainus"), the union applied on April 6, 2020, for certification of the employees of the Chemainus Theatre Festival Society (the "Society") when all Society employees had been laid off or had received layoff notice.

The Society argued that the union's application should be dismissed as premature because none of the employees had sufficient continuing interest in the proposed unit due to the indefinite closure of the Society's operations.

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