Monday, April 29, 2013

Busters' tow truck drivers--owner operators and their employees in the same bargaining unit

If your car has ever been towed in Vancouver,  because it was parked illegally for example, you will undoubtedly have come into contact with Busters Towing.

And if you're like me you will have wondered whether these folks are unionized.  Well it now turns out that they may soon be.

In a decision handed down on April 23, 2013 Busters v. Teamsters Local 31, Associate Chair Matacheski, rejected the first of a number of employer preliminary objections to the application for certification.  This decision deals with the objection that the owner operators of the tow trucks who are dependent contractors of Busters can't be in the same bargaining unit as the drivers that the owner operators hire to drive the trucks.
Although important for the outcome and the legal analysis, the decision also reveals some interesting aspects of Busters that will be of interest to its unwilling "clients". 

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