May 04, 2020
FOS vs s.106 of the Labour Relations Code: Two Different Processes

UFCW Local 247 and Sobeys will have the re-opener of the Collective Agreement decided by Final Offer Selection process pursuant to LOU No. 29.  LOU No. 29 requires that the final offer selection arbitrator hear submissions from each of the parties and then select one of the final offers as presented.  The final offer selection arbitrator does not have the power to change the expiration date of the collective agreement which is March 31, 2023.
Meanwhile, the re-opener of the UFCW Local 1518 and Sobeys collective agreement was decided pursuant to section 106 of the Labour Relations Code.  Under Section 106 of the Labour Relations Code, the Minister of Labour for the Province of British Columbia appointed Arbitrator Vince Ready as a Special Officer.  Arbitrator Ready exercised his authority under section 106(2)(e) of the Labour Relations Code to arbitrate and decide all remaining issues in dispute between Local 1518 and Sobeys. In so doing, Arbitrator Ready was able to decide the issues as he determined in his own judgment.  He did not select one of the parties’ positions in its entirety, which is done in the FOS process.