(JENNIFER STAHN / iNFOnews.ca)

The City of Kamloops is challenging an arbitrator's decision that ordered the city and its union to get back to get to the negotiating table over the controversial changes to its bylaw department.

Arbitrator Andy Sims ruled last month the city violated its union agreement after it overhauled the bylaw department with little, if any, consultation before making the decision, and the union was quick to challenge the changes.

"Does the arbitrator feel that we didn't follow our collective agreement in places? Yes, he does," Human Resources Director Colleen Quigley said. "So that's where we are now going back to the table."

Sims' decision wasn't a clear win for the union, however, as he ordered both parties to get back to the negotiating table.

READ MORE: Kamloops bylaw overhaul violated union agreement but dispute isn't over

Part of his decision allowed the city to keep its rebranded and restructured bylaw department — now called Community Services.

Sims offered potential solutions, said he may make another order in the future if they can't negotiate a solution in his decision. The city, however, is turning to the BC Labour Relations Board to appeal because its legal counsel believes Sims didn't properly take prior BC case law into consideration.

Quigley didn't provide specifics on the City's appeal.

When the city rebranded its bylaw officers to Community Service Officers, it not only changed the title but effectively created new positions. Bylaw officers were not grandfathered into the new role, but instead offered severance for those who worked at least 10 years with the city or new jobs, which could be either equal or lower pay, according to the decision.

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The new job required trainees to pass a fitness test and complete a law enforcement course. The 32 employees at the time, which included both jail guards at the RCMP detachment and bylaw officers, were told their jobs were put "in motion" in an August 2020 letter.

Bylaw officers ranged in age from 25 to 71. The majority were older than 40 and "a few" had some form of disability, but the City didn't believe that was relevant to the decision.

Management anticipated changes in the BC Police Act, which would allow bylaw officers to become Peace Officers. They did so both in an effort to grant bylaw officers more enforcement authority and to cut costs by reducing the amount of employees in the department, according to the decision.

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The bylaw department was overhauled in 2020 and the Canadian Union of Public Employees Local 900 announced it would be challenging the decision later that year.

Managers met with the union in July, several weeks before the change was meant to be implemented, when they told the union the money available in the budget meant they would likely reduce the workforce.

While Sims found the City violated the union agreement, he also found the union was incorrect in its belief that it could resist changes to the bylaw officer role entirely.

Union representatives did not return phone calls from iNFOnews.ca regarding the appeal.

Quigley said the City will be negotiating with the union in advance of the appeal, but it's not clear when it will be heard by the labour board.

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