By Penticton Herald Staff
A longtime FortisBC employee has filed a civil claim in B.C. Supreme Court against his union, accusing it of abandoning him during a prolonged workplace ordeal that led to a mental health breakdown and the loss of his job.
A former employee whose initials are BM alleges that MoveUP Union (Canadian Office and Professional Employees Union, Local 378) breached its legal duty to represent him fairly during his 26-year career with FortisBC.
He claims the union acted “arbitrarily, discriminatorily, and in bad faith,” effectively siding with the employer instead of protecting one of its own.
BM says he endured years of bullying, harassment, and discrimination at FortisBC before suffering what he describes as a “severe mental stress breakdown.”
Despite repeated pleas for help, he claims the union ignored his grievances, failed to submit medical evidence on time, and refused to take his case to arbitration.
“The union’s refusal to proceed to arbitration effectively denied the plaintiff the use of Article 3.13,” the filing states, referring to the section of the collective agreement that governs dispute resolution. BM argues that MoveUP’s inaction allowed FortisBC’s alleged reprisals to escalate unchecked.
He also accuses union officials of acting out of self-interest — protecting their own positions rather than standing up for a dues-paying member — and says the result was “severe emotional distress, reputational harm, and significant financial loss.”
The lawsuit seeks general, special, aggravated, and punitive damages for what BM calls a “systemic denial of internal remedies” and “malicious and wilful misconduct.” He’s also asking for compensation for lost wages, medical expenses, and the costs of therapy related to his mental health decline.
In addition to this civil action, BM has filed complaints with both the B.C. Labour Relations Board and the B.C. Human Rights Tribunal, alleging bad faith representation and discrimination based on disability.
Under B.C.’s Labour Relations Code, unions are required to represent members fairly, in good faith, and without discrimination. However, the threshold for proving a breach is notoriously high, and few such claims succeed unless there’s clear evidence of intentional neglect or bias.
None of the allegations in BM’s lawsuit have been tested in Court and The Herald has chosen not to name him. MoveUP Union has not yet filed a response to the lawsuit.
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