PepsiCo breached B.C. labour code with anti-union employee meetings

The British Columbia Labour Relations Board has ruled that PepsiCo Canada ULC breached three sections of the province’s Labour Relations Code after it held in-person meetings with employees during a union organizing campaign that the board found were motivated by anti-union animus. Vice-Chair Carmen Hamilton issued the decision on April 2, 2026, declaring PepsiCo violated Sections 6(1), 6(3)(d), and 9 of the Code after Teamsters Local Union No. 213 filed an unfair labour practice complaint.

PepsiCo operates a distribution centre in Surrey, B.C., employing approximately 39 Route Sales Representatives (RSRs). In early June 2025, the company rolled out a major "Go to Market" initiative that changed RSR schedules from five days a week to four, altered routes, and affected compensation. In July, a second initiative called "Simplified to Grow" was also in the works.

On July 18, 2025, PepsiCo emailed RSRs about a virtual meeting scheduled for July 23 to discuss the S2G strategy. That same afternoon, management learned of the Teamsters' organizing campaign. By July 21, the single virtual meeting had been converted to four in-person sessions on July 22 and 23, with employees told that "everyone is expected to join ONE of the LIVE sessions."

Two RSRs testified that in-person meetings were not typical and that changing a meeting from online to in person at the last minute was unusual. The board found the circumstantial evidence compelling, concluding that "the Employer's decision to schedule the July Meetings was in response to the Union's organizing drive."

Spreadsheets, talk sheets, and a ballot image

On the same day management learned of the campaign, PepsiCo's Senior HR Manager emailed leaders attaching an information sheet titled "What Employers Cannot Say (TIPS)," a "Surrey Union Noise – DSL Talk Sheet," and a blank spreadsheet with columns for "Turnover Risk," "Influencers," and "Receptivity to 3rd Party Disruption."

At the meetings, PepsiCo presented slides that included an image of a ballot with a hand marking the box beside "NO." The employer told RSRs that in bargaining, "it's not everything now plus. It goes right back to the start in every facet of the role" and it all "starts from scratch." The employer also stated that "it is very difficult to decertify a union."

One RSR testified the ballot slide made her feel "that was the direction the Employer was asking employees to take." Another said he felt "his terms of employment were being threatened."

‘Coercive and intimidating’ statements

Hamilton found that "a reasonable employee in the circumstances would find the Employer's statements at the July Meetings to be coercive and intimidating" and that the statements were "not permissible statements under Section 8 of the Code." The board declared that PepsiCo's conduct constituted "an interference with the formation, selection, or administration of the Union."

The board declined to order remedial certification, noting "there is no evidence before me that the Employer's conduct in this case continued after the July Meetings." PepsiCo was ordered to post a copy of the decision in a prominent location at the Surrey distribution centre within seven calendar days.

The Union subsequently obtained more than 55% support for the proposed bargaining unit and filed a certification application, which remained outstanding at the time of the decision.

See PepsiCo Canada ULC (PepsiCo Foods Canada / Frito Lay Canada), 2026 BCLRB 90