Update on Summary Disposition 2010-05

In a recent Summary Disposition (2010-05) on the issue of BCMEA contacting casuals to advise them of increased work opportunities and ILWU advising casuals of their right to block the phone calls or asking BCMEA not to contact them, the Job Arbitrator made the following findings:

“There is no specific provision pointed to in the Collective Agreement which requires casuals to allow automated messages from the Association and, as outlined in SD 2010-03, there is no specific bar preventing the Association from such communications with casuals. (page 11)”

“It is my opinion that there is no bar to casuals blocking Association automated messages or advising the Association that they do not want to be contacted.  However, when the Union encourages such action the individual’s considerations must include an understanding that the Association has a right to contact. (page 13)”

BCMEA can contact casuals to advise them of increased work opportunities generally, but not specific dispatch assignments.

Casuals may block or refuse to answer calls from BCMEA if they wish and may advise BCMEA that they do not wish to receive such phonecalls.  The choice in receiving such communications is up to the individual casual.

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