Western Coal Corp. - a subsidiary of Walter Energy - has been ordered to pay 60 days' back wages to employees of the company's shuttered Wolverine Mine in Tumbler Ridge.
In a ruling issued last week, B.C. Labour Relations Board vice-chairperson Richard Longpre found that Western Coal failed to provide the required 60 days notice to the union about the impending mine closure.
On April 15, Western Coal announced a temporary closure of the open-pit, metallurgical coal mine approximately 24 kilometres south of Tumbler Ridge. Approximately 300 employees were laid off the same day, while about 50 others continued to work to maintain the site.
"This is a significant win for... the employees," said Frank Everitt, United Steelworkers local 1-424 president. "We have been awarded a timeframe of 60 days notice. [Workers] will get additional pay [for that period]."
Workers will receive the normal pay they would have earned from April 17 to June 17, minus any earnings from other employment found following the layoff.
In his ruling, Longpre dismissed Western Coal's argument that the shutdown was temporary and notice was not required.
"At the outset, the employer submits that '[t]he evidence overwhelmingly supports that idling the mine is in fact a temporary layoff,'" Longpre wrote. "The employee's submission, however, does not say when the 'temporary' lay off will be over or when the mine will reopen.
"The employer had not met with the union prior to the layoff notices on April 15, 2014. Eighty-five per cent of employees were affected, and even if Phase 4A [a planned mine development] reopens mine operations, a significant percentage of employees will remain laid off."
Thomas Hoffman, vice-president of communications for Walter Energy, said the company may launch a challenge of the ruling in the coming days.
"We disagree with the labour board's ruling. We believe the decision was based on factual errors," Hoffman said. "We are examining our options."
