Representative experience

October 2019

Arbitrator dismisses grievance relating to termination of employee for violating privacy of another employee and dishonesty – Counsel Keith Murray

October 2019

Arbitrator dismisses grievance alleging improper calculation of statutory holiday pay and overtime – Counsel Keith Murray

September 2019

Labour Relations Board dismisses entirety of omnibus unfair labour practice complaint against employer, which alleged wide ranging violations of the Labour Relations Code, including allegations that a number of employer actions were aimed at fostering decertification – Counsel Keith Murray

June 2019

Arbitrator dismisses grievance claiming statutory holiday pay for employees on unpaid sick leave, overturning a prior trouble shooter award between the parties, on the same issue – Counsel Keith Murray

March 2019

Arbitrator dismisses grievances challenging the contracting out of a significant portion of the Company’s delivery work, accepting the Employer’s argument the contracting out restrictions in the Collective Agreement were not violated on the basis it was no longer “practical”, from a cost perspective, for the Company to continue performing the work – Counsel – Keith Murray and Mark Bout

January 2019

Arbitrator dismisses grievance challenging a three month suspension for failure to lock out – Counsel Keith Murray

December 2018

Arbitrator dismisses grievance alleging employer violated the Collective Agreement by discontinuing the practice of providing a monthly beer allotment to retirees – Counsel Keith Murray

October 2018

Arbitrator dismisses Union objection to the admissibility of covert video evidence that captured two employees engaging in sexual relations in the workplace – Counsel Keith Murray

April 2018

Arbitrator dismisses grievances relating to the operation of new hi-tech equipment within a distribution warehouse, finding the operation of the equipment was not bargaining unit work  – Counsel Keith Murray and Natasha Jategaonkar

October 2017

Arbitrator dismisses grievances relating to a 10 day suspension, 20 day suspension and termination. Arbitrator concludes employee was appropriately suspended and then terminated for abusive behaviour, and that the discipline was unrelated to any marijuana addiction the employee may have had – Counsel Keith Murray

June 2017

Arbitrator rejects Union argument that employer’s video surveillance of the grievor violated her privacy, and dismisses grievances alleging the employer failed to accommodate the grievor’s disability – Counsel Keith Murray

February 2017

Arbitrator dismisses grievance alleging employer had been improperly calculating sick time under the Collective Agreement – Counsel Keith Murray

December 2015

Labour Relations Board dismisses application for certification on basis the introduction of a second and different union into the Employer’s operation could create industrial instability for the Employer – Counsel Keith Murray & Gradin Tyler

July 2015

Arbitrator dismisses termination grievance and upholds terms of a Last Chance Agreement. Aggressive conduct toward manager violated Last Chance and warranted termination  – Counsel Keith Murray

June 2015

Arbitrator dismisses termination grievance relating to an employee who failed to follow the Company call in policy on several occasions. Arbitrator accepts Employer argument that suspension prior to termination not always required as part of progressive discipline procedure  – Counsel Keith Murray

April 2015

Labour Relations Board dismisses Union application for certification based on Employer argument that the group applied for was not appropriate – Counsel Keith Murray

January 2015

Labour Relations Board dismisses all allegations of unfair labour practices against the Employer relating to the lay-off of four employees who supported the union, during a failed union organizing drive – Counsel Keith Murray

November 2014

Successfully negotiated four low cost renewal collective agreements for franchises of a national retailer. — Chief Spokesperson in bargaining – Keith Murray

October 2014

Successfully negotiated first collective agreements for two large construction industry employers. — Chief Spokesperson in bargaining – Keith Murray

September 2014

Labour Relations Board dismisses all allegations of unfair labour practices filed against the Employer during an unsuccessful union organizing drive. Board holds all Employer communications and actions in defending against the organizing drive were lawful. — Counsel – Keith Murray

September 2014

Arbitrator dismisses grievance relating to the termination of a long service employee who, while working under a “Last Chance Agreement”, was terminated for doing a crossword puzzle on work time. — Counsel – Keith Murray

August 2014

Labour Relations Board concludes that Employer bargaining proposal during a strike/lockout to modify the Union Security Clause to ensure it could not be utilized by the Union post-strike to punish Union members who crossed the picket line, was lawful. Bargaining in bad faith application dismissed. — Counsel: Keith Murray and Paul McLean

August 2014

Arbitrator dismisses grievances alleging unjust termination, harassment and failure to properly award job posting. Arbitrator concludes termination was for cause, and Employer acted properly at all times. Counsel: — Keith Murray

June 2014

Renegotiated several low cost renewal Collective Agreements and a first agreement for employees working at long term care homes. Chief Spokesperson: — Keith Murray

April 2014

Arbitrator dismisses Union grievance alleging Employer improperly limited the scope of employees who qualified to gain entrance to Group RRSP. Counsel: — Keith Murray

January 2014

Arbitrator dismisses union grievance seeking substantial severance payments for two union representatives who were on long term union leave at time of plant closure. Arbitrator determines they were not entitled to severance under the terms of the Collective Agreement. Counsel: — Keith Murray

January 2014

Renegotiated low cost renewal Collective Agreements for a grocery retailer, and a new lower cost Collective Agreement for any newly opened locations. Counsel: — Keith Murray

Industry recognition

Best Lawyers® in Canada

Labour and Employment Law

Chambers and Partners Canada

Employment and Labour Law – British Columbia and Nationwide-Canada

Who’s Who Legal

Labour and Employment Law

The Legal 500 Canada

Labour and Employment Law

Presentations

Events

Articles and papers

November 21, 2019

Keith Murray and Mark Bout co-authored a paper entitled Changes to the British Columbia Labour Relations Code, Not Balanced, Not Reasonable – Employers Beware for the Mathews Dinsdale & Clark LLP Annual Client Conference

September 23, 2016

Keith Murray and Natasha Jategaonkar co-authored a paper entitled “Recent Developments in British Columbia Labour & Employment Law” for the 13th Annual Conference of the Canadian Association of Counsel to Employers

August 31, 2016

Keith Murray and Mark Bout co-authored the Province Union Certification Q&A Guide for British Columbia, Alberta and Federal for Practical Law Canada.