Arbitrators Retain Discretion To Disclose Personal Information Of Grievors And Witnesses In Awards

In United Food & Commercial Workers Union, Local 1518 v. Sunrise Poultry Processors Ltd., 2015 BCCA 354, the British Columbia Court of Appeal considered whether the Personal Information Protection Act, SBC 2003 63 (PIPA) prevents labour arbitrators from disclosing personal information about grievors and witnesses in an arbitration award. The United Food & Commercial Workers Union (the Union) argued that PIPA prevents arbitrators from disclosing personal information of grievors and witnesses without their express consent.

The Union's argument was rejected by the Court and it determined that labour arbitrators are permitted to publish personal information of grievors and witnesses without their prior consent.

Facts

This case stems from a unionized truck driver who was dismissed from his employment for improperly signing company invoices. The Union filed a grievance on behalf of the employee and argued before the arbitrator, Stan Lanyon, Q.C., that PIPA precluded arbitrators from including the personal information of grievors or witnesses in a final decision.

The arbitrator concluded that PIPA did not apply to labour arbitration proceedings on four alternate grounds:

the open court principle applied to the reasons of a labour arbitration proceeding; the labour relations board is a public body governed by the Freedom of Information and Protection of Privacy Act, RSBC 1996 c 165 (FIPPA) and that FIPPA does not apply to a "decision of the tribunal for which public access is provided by the tribunal" pursuant to the Administrative Tribunals Act, SBC 2004 c 45; a labour arbitrator was not an "organization" within the meaning of PIPA and therefore PIPA was not applicable; and the consent requirements in PIPA did not apply. The Court's Decision

The Court disagreed with the arbitrator's decision that PIPA did not apply to labour arbitration proceedings on the reasoning applied in the second and third grounds, described above, and held that labour arbitrators do fall under the definition of "organization" when PIPA is read purposefully. Despite the applicability of PIPA, the Court found that the consent requirements in PIPA are inapplicable because the collection and disclosure of personal information in the labour arbitration process is required or authorized by law. Given this conclusion, the Court found that it was unnecessary to determine if the open court principles apply to labour arbitrations.

In its decision, the Court considered the Labour...