February 22, 2010 19:07 ET

HMSHost Files Complaint With Labour Board Against Unite Here Local 40

VANCOUVER, BRITISH COLUMBIA--(Marketwire - Feb. 22, 2010) - This morning, HMSHost filed a complaint with the Labour Relations Board requesting a hearing into what the Company believes is Unite Here Local 40's refusal to bargain in good faith and accordingly, a breach of the duty to bargain in good faith contrary to specific sections of the Labour Relations Code. The complaint relates to the Collective Agreement covering approximately 285 food and beverage and retail employees at Vancouver International Airport (YVR).

HMSHost filed the complaint because the Union, as part of the current collective bargaining process, has repeatedly demanded representational rights for its members at a new restaurant location and now has bargained to impasse its demand to expand its jurisdiction to cover this new restaurant. The new restaurant is not part of the Union's current Certification and Collective Agreement. The negotiations taking place since 2009 through February 2010 are supposed to focus on the Collective Agreement for the term April 2006 to March 2009, not representational rights or the jurisdiction of the Union.

HMSHost remains prepared to lift the lockout and return employees to work at any time that the Union agrees to return to the bargaining table to reach labour peace on the expired Collective Agreement. 

Host asks again that if the lockout is lifted and employees come back to work, that the Union pledges no further job disruption or strike action will take place for the duration of the Olympic or Paralympic Games.

Background Information

  • Complaint is related to Sections 2, 11, 14, 47, 133, 135, 136, 139, 140, 143 and Part 5 of the Labour Relations Code and Regulations.
  • Unite Here Local 40 had a certification and a Collective Agreement covering the former Cara (now HMSHost) food and beverage, retail and warehouse employees at the facilities that were acquired at the time of Host's purchase of Cara (October 2006). The Collective Agreement was for a term of April, 2006 to March, 2009. It is the Collective Agreement currently being negotiated and subject of this dispute.
  • The lease on one of the locations covered by the Collective Agreement—the Milestones pre-security unit—expires March 31, 2010, at which time the restaurant is also scheduled to close. The lease for operating a new restaurant in the renovated terminal space was put out to competitive tender by YVR and Host was the successful bidder.
  • The new restaurant that will open in the fall of 2010 is a White Spot, an existing Host brand (Legends/White Spot operating post-security) that is not covered by the Union certification or the Collective Agreement.
  • When the new White Spot opens in the fall of 2010, the existing Legends will close and the non-Union employees from that restaurant will transfer to the new restaurant location. 
  • Host provided the Union with notice of the Milestones closure pursuant to Section 54 of the Labour Relations Code in July 2009 (more than the required 60 days notice). Host invited the Union to attend meetings to discuss an Adjustment Plan for the Milestones employees.
  • Despite many attempts by Host to meet, the Union refused to discuss the Adjustment Plan except at the bargaining table where the expired Collective Agreement was being negotiated, which has resulted in a delay of the process to reach conclusion of the terms of that Agreement. 
  • The Union took strike action at the Airport on Wednesday, February 17, and on Thursday, February 18. Host issued a lockout notice to the Union employees to prevent further job disruption as the Company continued to request the Union return to the bargaining table.
  • The current lockout affects services at 16 of the HMSHost outlets at YVR, which represents less than 50 percent of Host's total outlets at the airport. More than 140 food and beverage and retail services remain open and operating at the Airport.
  • Voyages (ITB TM Post) and Milestones (ITB Int'l Post WCE) are now open and operating with limited hours of service.

HMSHost Union-Staffed Units include:

  • DTB L2 – Tim Hortons, Stanley's Bar & Grill, Harvey's, News to You
  • DTB L3 Pre Security – Tim Hortons and Milestones
  • DTB Pier A – Palomino Bar & Grill, Vancouver News
  • DTB Pier C - Toast Café and Tim Hortons
  • ITB Int'l L2 – Tim Hortons
  • ITB Int'l Post WCE – Tim Hortons, Milestones
  • ITB TB Post – Tim Hortons, Pacific Grill, Voyages

Contact Information

  • HMS Host - Media Contact
    Susan Goyette
    Senior Director, Communications & Public Relations
    (240) 383-9901 (preferred)