A woman working at Village at Smith Creek alleged her union represented her in an arbitrary manner. (Village at Smith Creek)

B.C. Labour Board dismisses West Kelowna woman’s union complaint

The board found there wasn’t sufficient evidence in the woman’s claim

The B.C. Labour Relations Board dismissed a retirement home employee’s complaint after finding her claims did not have sufficient evidence.

Linda Salisbury works at the Village at Smith Creek in West Kelowna. She alleges the Hospital Employees’ Union acted in contravention of the Labour Relations Code, which states “a trade union or council of trade unions must not act in a manner that is arbitrary, discriminatory or in bad faith.”

Salisbury was issued a disciplinary letter early in 2020. She brought the letter forward to the Hospital Employees’ Union (HEU), which was filed as a grievance. The union asked for the letter to be removed from Salisbury’s personnel file.

According to the board’s decision, filed on March 10, 2021, Salisbury complained about how long the process was taking, demanded that the discipline letter be removed from her personnel file and said that “a letter of expectation (LOE) was unacceptable.”

By June 17, 2020, the retirement home provided Salisbury with a letter of expectation and then on the 26th, the HEU advised her that the discipline letter had been removed from her file and replaced with the LOE.

In an email to the HEU, Salisbury said she felt that the LOE was discriminatory, given that it was addressed personally to her.

Salisbury then approached the B.C. Labour Relations Board, alleging that the HEU and her union representative’s representation of her were arbitrarily defined as “representation not based upon any course of reason and exercise of judgement.”

“I feel my union rep’s representation was arbitrary because there wasn’t any principled basis for (the union representative) to accept the LOE,” Salisbury wrote to the board.

“There is no logic or factual basis for their action, for me to have received LOE.”

After investigating Salisbury’s allegations, the labour board found there wasn’t sufficient evidence of HEU’s alleged arbitrary representation, bad faith representation or discriminatory representation and dismissed her case.

READ: RCMP searching for missing 13-year-old West Kelowna girl


Twila Amato
Video journalist, Black Press Okanagan
Email me at twila.amato@blackpress.ca
Follow me on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

A second case of COVID-19 has been confirmed at Vernon’s BX Elementary School. (Kerry Hutter photo)
Second COVID case confirmed at Vernon elementary school

Exposure at BX Elementary happened April 6 and 7

Highway 97 being converted to four lanes in April 1990. This photo taken in Lake Country. (Greater Vernon Museum and Archives Photo #14025)
HISTORY: How the old Highway 97 in Lake Country got new name

Pelmewash Parkway recognizes the First Nations history in Lake Country

Salmon Arm Silverbacks defenceman Kieran Ruscheinski (right) sticks close to Vernon Vipers forward Logan Lorenz during Salmon Arm’s 2-1 overtime win in B.C. Hockey League pod play Saturday, April 10, at Kal Tire Place. (Lisa Mazurek - Vernon Vipers Photography)
Mack attack paces Salmon Arm Silverbacks past Vernon

Sullivan Mack scores both goals, including beautiful OT winner, in Gorillas’ 2-1 BCHL pod play win over Snakes

Paddlewheel Park off Okanagan Landing Road, Vernon. (Brendan Shykora - Morning Star)
Vernon council looks to address parking shortage at Paddlewheel Park

City staff are looking into short, medium and long-term overflow parking options

(GVMA)
WATCH: A Royal procession through Vernon, 1959

Prince Philip, who died April 9 at 99, visited Vernon on a tour of Canada in 1959

B.C. Health Minister Adrian Dix and Premier John Horgan describe vaccine rollout at the legislature, March 29, 2021. (B.C. government)
1,262 more COVID-19 infections in B.C. Friday, 9,574 active cases

Province’s mass vaccination reaches one million people

These nails were collected off the Campbell Mountain bike trails in Penticton this weekend. Someone placed them all over the trail. (Facebook)
Hundreds of nails placed on popular Penticton bike trail

A mountain biker took to Facebook to warn others about the nails

People walk past the Olympic rings in Whistler, B.C., Friday, May 15, 2020. Whistler which is a travel destination for tourists around the world is seeing the effects of travel bans due to COVID-19. THE CANADIAN PRESS/Jonathan Hayward
Adults living, working in Whistler, B.C., eligible for COVID-19 vaccine on Monday

The move comes as the province deals with a rush of COVID-19 and variant cases in the community

RCMP crest. (Black Press Media files)
UPDATE: RCMP investigating after child, 6, dies at motel in Duncan, B.C.

The BC Coroners Service is conducting its own investigation into the circumstances around the child’s death

RCMP display some of the fish seized from three suspects who pleaded guilty to violating the Fisheries Act in 2019, in this undated handout photo. THE CANADIAN PRESS/HO - RCMP
3 banned from fishing, holding licences after overfishing violations near Vancouver Island

Mounties seized the group’s 30-foot fishing vessel and all equipment on board at the time

Flight with COVID
Another Kelowna flight with COVID-19 exposure

Westjet flight on April 5 from Kelowna to Edmonton

B.C. Premier John Horgan responds to questions during a postelection news conference in Vancouver, on Sunday, October 25, 2020. British Columbia’s opposition Liberals and Greens acknowledge the COVID-19 pandemic has presented huge challenges for Horgan’s government, but they say Monday’s throne speech must outline a coherent plan for the province’s economic, health, social and environmental future. THE CANADIAN PRESS/Darryl Dyck
Horgan’s NDP to bring in throne speech in B.C., Opposition wants coherent plan

Farnworth said the budget will include details of government investment in communities and infrastructure

Most Read