Fraser Valley bus drivers file 'bad faith' bargaining complaint against employer as strike nears 2-month mark

Striking transit workers in the Fraser Valley have filed a complaint against their employer with the B.C. Labour Relations Board in a bid to end the job action that has left the vast majority of the region without transit service for nearly two months.

More than 200 bus drivers represented by CUPE Local 561 say their employer, First Transit, has negotiated in bad faith and prolonged the strike, which began March 20.

The union says the company made false statements claiming it could not afford the workers' wage increase proposal, until admitting that wasn't the reason it opposed the agreement on May 5, according to the May 15 complaint.

"We've got members behind picket lines, there's people losing money and the services just aren't there… and all along the company's been dishonest throughout the process," CUPE 561 president Randy Kootte told CBC News on Monday.

"Both parties need to bargain in good faith and we believe First Transit broke the rules of bargaining."

The union is seeking an urgent LRB hearing to compel First Transit to produce relevant financial documents and a declaration the company has violated the good faith requirement laid out in the B.C. Labour Relations Code.

"There's a lot of money lost and a lot of people hurt over this bargaining and when a company is bargaining in bad faith we believe they should be held accountable," said Koote.

First Transit is a privately owned company based in the United States that Crown corporation B.C. Transit subcontracts to provide services in Abbotsford, Chilliwack, Mission, Agassiz, Harrison and Hope. 

HandyDart is operating at essential service levels in the region during the strike.

First Transit has not yet filed a response but, in an emailed comment to CBC News Monday morning, the company said it plans to fight the complaint.

"We believe CUPE Local 561's application to the Labour Relations Board is without merit, and we will respond accordingly in the appropriate venue," a company spokesperson wrote.

First Transit has "indicated its willingness to resume constructive negotiations" through mediation or arbitration, which its statement says the union has not agreed to.

"First Transit is confident that a sustainable solution is possible if CUPE 561 leadership returns to the bargaining table," the spokesperson said.

Calls for equal pay

Workers are striking for a pension plan, more regular scheduling practices and a 32 per cent wage increase they say would put their pay on par with other transit workers in neighbouring communities.

The last proposal they received from First Transit offered a 16 per cent wage increase. 

A finding of bad faith by the LRB could push First Transit toward an agreement, but the union and transit users stranded by the strike have for weeks been calling on the provincial government to step in to end it.

The province has offered mediation services through the LRB that neither party has taken them up on, Labour Minister Harry Bains said in an April 12 statement.

Residents of the region have reported spending hundreds of dollars a month on taxis and ride-shares to get to school and work while buses are not running.

Koote says he and his colleagues want to get back to work as soon as possible.

"Most of our members are working two, three jobs. It's very tough for them," he said. "We just want to be paid the same as other transit workers across the region for doing the exact same work."