The Labour Relations Board has ruled the University of Northern British Columbia Faculty Association is not a trade union, in answer to a complaint from a UNBC professor that the association breached its duty to fairly represent him.
Although it has never gained trade union status under the province's labour code, Liang Chen, a computer science professor at UNBC, pointed to other evidence that suggested the association was effectively acting as one.
He noted that under the faculty agreement, UNBC recognizes the association as the sole and exclusive bargaining agent for its members and that the Human Rights Tribunal refers to the association as a trade union in two cases brought before it in the past by another professor.
But in a ruling issued last Friday, Labour Relations Board associate chair Allison Matacheskie found the association still fell short of being a trade union.
Although the association has asked UNBC several time to recognize it as a trade union under the labour code, the university has consistently denied its request, it was noted in the ruling.
Matacheskie said she appreciates Chen may consider the distinction inconsequential, but it remains a "critical difference for labour relations purposes."
The basis for Chen's complaint were not provided in the ruling.