On August 14, BCNU published false statements on its websites that misrepresent the position of HEU, the labour movement – and even the BCNU – on important issues related to BCNU’s raid on LPNs.
LPN votes will be counted. BCNU’s statement that HEU has asked the courts to keep LPN votes “uncounted and results unreported” is false.
On August 10, HEU filed an application in the Supreme Court of British Columbia asking for a Judicial Review of a June 14 decision of a Labour Relations Board tribunal.
Also on August 10, HEU posted and distributed a bulletin for LPNs outlining the purpose of the application.
In particular, the bulletin made it clear that the Court application would not delay the counting of LPN ballots in the recent representation vote.
BCNU and their legal counsel received copies of HEU’s legal filings on August 13. It is very clear in these documents that the Court was not being asked to take any action with regard to the counting of the ballots.
Nevertheless, BCNU’s August 14 bulletin states: “HEU will also ask the Court to keep the LPNs votes uncounted and the results unreported.”
This is a false statement, and one which BCNU knows to be false.
BCNU wrong about the labour movement’s practice regarding judicial reviews
BCNU also stated that by filing for a Judicial Review of an LRB decision, HEU had “violated a long-standing labour movement practice of endeavouring to keep the courts out of LRB decisions.”
This is grossly untrue. B.C. unions have filed for judicial reviews of LRB decisions many times. In fact, BCNU has itself filed for judicial reviews of LRB decisions.
What will happen if HEU’s petition to the Court is successful?
If HEU succeeds in its application to the Court, they will likely order the LRB to provide HEU and other parties, including the BCNU, an opportunity to have their say on the LRB’s earlier decision to allow BCNU’s raid application to proceed. The Court will not make any decisions or issue any orders impacting the timing of the LPN vote count or the reporting of the results.
BCNU’s statements are an irresponsible misrepresentation of the facts, designed to create additional anxiety for union members who are awaiting the results of the vote.