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Supreme Court urged to recognize provincial jurisdiction in First Nations certification

BCGEU appeared before Canada's top jurists to make the case for provincial jurisdiction of labour relations of First Nations communities in B.C.

Vancouver (10 December 2009) – The B.C. Government and Service Employees’ Union (BCGEU/NUPGE) appeared before the Supreme Court of Canada this week to argue that the B.C. labour code - not the federal version - should apply in a certification with a First Nations agency where workers are members of our union.

In 2005, BCGEU organized workers at the NIL/TU,O Child and Family Services Agency which services seven First Nations communities on southern Vancouver Island according to the rules set by the B.C. Labour Relations Code. Subsequently, BCGEU and NIL/TU,O successfully worked together to negotiate a first contract for union members.

However, NIL/TU,O has opposed provincial labour code jurisdiction in labour relations matters affecting it. Instead, the employer believes that the Canada Labour Code should apply.

Which code applies - federal or provincial - is an issue that's wound its way through the courts and this week was heard by the Supreme Court of Canada in Ottawa. BCGEU legal counsel Ken Curry appeared before Canada's top jurists and made the case for provincial jurisdiction.

A decision from the Supreme Court is expected later in 2010.

NUPGE
The National Union of Public and General Employees (NUPGE) is one of Canada's largest labour organizations with over 340,000 members. Our mission is to improve the lives of working families and to build a stronger Canada by ensuring our common wealth is used for the common good. NUPGE