By Patrick Penner, Local Journalism Initiative Reporter TRI-CITIES DISPATCH

Workers of a chicken kill-and-processing facility in Port Coquitlam won鈥檛 be paid for missed work following an outbreak of avian flu, which caused more than 100,000 birds to be destroyed.

United Food and Commercial Workers Local 1518 had filed a grievance against Sofina Foods, arguing the outbreak at one of their suppliers should not exempt the employer from its wage obligations under the collective agreement.

Labour arbitrator Ryan Goldvine, however, sided with the company.

鈥淚 am not persuaded (the shortage) was within the control of, or negligently created, by the employer, such that human intervention could be considered a factor,鈥� he said.

Sofina Foods鈥� Port Coquitlam facility takes in live chickens from farmers then slaughters and packages them for retail sale. Approximately 120 workers are employed at the site, and between 80,000 and 90,000 birds are processed each day.

In November, 2023, management learned that birds at one of its suppliers had tested positive for avian flu, resulting in their destruction under orders from the Canadian Food Inspection Agency (CFIA).

This led to a shortage of work for its employees, and a grievance was filed shortly afterwards, with union members expecting to be made whole.

The union鈥檚 collective agreement guarantees 32 hours鈥� pay at regular wages each week for all employees with one year of seniority.

But Sofina Foods pointed to a clause in the most recent round of collective bargaining which carved out an exception for events 鈥渃aused by forces of nature without human intervention.鈥�

The arbitration hinged on whether the language in this clause should have a narrow or expansive definition.

In the grievance, the union noted that avian flu was not listed as an example in the company鈥檚 definition of the clause, adding it never would have agreed to that language.

The union argued that even if the event was an act of nature, the issue occurred at a third-party supplier, not its employer.

For the union, the shortage of birds available for processing is simply a supply issue, stating replacement birds could have been sourced from other facilities. It contended the lost work was a business decision, and therefore human caused.

Furthermore, it asserted CFIA鈥檚 direction for the birds to be destroyed also meets the definition of human intervention.

The company countered that the union knew its intention for avian flu to be included in the agreement鈥檚 definition, pointing to previous versions that included it as an example, even if the final version did not.

Robert Kirby, senior director of labour relations for the company, testified the Avian Flu was one of the driving forces behind the clause due to significant outbreaks in 2022 and 2023.

The company also argued that since live birds are distributed on a quota system, there were no replacements available.

Kuljeet Chahal, plant manager for the Port Coquitlam facility, testified he tried to obtain other products to help meet customer orders, but was only able to obtain 15 bins of thighs from a facility in Alberta. Under cross examination, however, he admitted he was not responsible for allocating or reallocating product between facilities.

The company disagreed with the union鈥檚 characterization that the outbreak only affected a third party, or that the loss of chicken was solely the result of government intervention.

While CFIA directed the birds to be destroyed, the company said it would not be able to process and sell the infected birds regardless of that order.

Goldvine said he understood the union鈥檚 position regarding supply issues, but found this reasoning to be 鈥渢oo narrow a view of causation.鈥�

He said the evidence demonstrates that positive avian flu tests resulted in a loss of approximately 105,000 live birds, more than a quarter of what was expected that week.

Goldvine also accepted the employer would be unable to use the infected birds regardless of any CFIA order.

鈥淭he 鈥榚vent,鈥� at issue cannot, in the abstract, be narrowly construed as the shortage of approximately 105,000 live birds over two days, or specifically the consequent shortage of work,鈥� he said.