Vancouver: As the first anniversary of the labor dispute between b.c. projectionists and the employer duo of Famous Players and Cineplex Odeon approaches in December, the two parties are now facing binding arbitration.

The development comes from a report by industrial inquiry commissioner Stephen Kelleher, who was appointed in July by b.c.’s Labour Minister Joan Smallwood to come up with solutions.

‘Kelleher’s report is clear,’ says Smallwood. ‘The parties are so far apart that ongoing collective bargaining can’t settle this dispute, and the only workable alternative is binding arbitration.’

The union has accepted the notion of binding arbitration, while the employers immediately rejected it.

‘We prefer to reach a settlement through collective bargaining and not through arbitration,’ says John Nixon, speaking on behalf of the two cinema chains. ‘We will not risk that an arbitrator might award a settlement that is different in any significant way from collective agreements negotiated and ratified recently in Ontario. We want an agreement that is in line with those we have with the same union in other parts of Canada.’

The main sticking point is wages. b.c. projectionists are paid a top wage of $38 per hour, while the same worker in Ontario is now paid $15.50 under a new contract signed in August. Also in Ontario, theatres with fewer than seven screens are exempt from the collective agreement.

‘[The employers] are using stalling tactics,’ says union president Damon Faulkner, who admits to some attrition in his 60-member roster over the 11 months. ‘They don’t want to bargain in good faith. This is not Ontario. This won’t be settled without binding arbitration.’

Faulkner insists his union is still healthy after the long dispute and has support from other unions.

Under the B.C. Labour Relations Code, an industrial inquiry commissioner has the authority to inquire into the issues of the dispute and make non-binding recommendations on how the dispute can be settled. It is not clear yet whether the provincial government will intervene to end the dispute.