Port dispute in BC: Union plans lawsuit

The union representing more than 700 locked-out supervisors at British Columbia ports said it will go to court to fight for its right to bargain through collective bargaining.

The International Longshore and Warehouse Union Ship & Dock Foremen Local 514 issued a statement Tuesday afternoon following an announcement by Labor Secretary Steven Mackinnon that he plans to end the labor standoff by ordering binding arbitration.

“We are at a total impasse and the way forward is not clear,” Mackinnon said at a news conference in Ottawa. “The duration of the disputes is not clear.”

The BC Maritime Employers Association locked out port supervisors after the union announced a 72-hour strike.

Union leaders have said they planned to initiate a job action by denying overtime pay before the employer took the more drastic step of completely halting operations at all B.C. ports.

Frank Morena, president of ILWU Local 514, claims the BCMEA has locked out workers in an effort to force the federal government to intervene.

“Christmas came early for port employers and instead of getting a lump of coal for their bad behavior – refusing to negotiate, a complete lockout and then shutting down mediation this weekend – Labor Secretary MacKinnon gave them a huge Christmas gift of a back to work order and forced arbitration,” Morena said in a statement.

“It is a tremendous insult to our union, to organized labor and to the collective bargaining rights guaranteed by the Charter.”

He further said the union will launch a Charter challenge in court to protect its members’ right to reach an agreement through collective bargaining.

A labor and employment attorney who spoke to CTV News said that if the BCMEA were to lock out workers to force arbitration, the measure might not work as planned.

“Be careful what you wish for,” said Sundeep Gohkale.

He said there is a possibility that an arbitrator appointed by the federal government could award workers the concessions they seek when it comes to protecting jobs from automation.

“I don’t think you can look at it in its totality right now,” Gohkale said. “You have to wait until the arbitration decision comes out to fully understand whether the strategy ultimately worked or backfired.”

It is up to the Canada Industrial Relations Board to follow the order of the Minister of Labour.

Given the pending court case, it is not clear when shipments through BC ports will actually resume.

Meanwhile, the labor dispute continues to disrupt trade worth more than $800 million a day.

“It couldn’t happen at a worse time. We are at the beginning of a very busy holiday season,” said Bridgitte Anderson, president and CEO of the Vancouver Board of Trade.

“Many small and medium businesses rely on these shipments coming through the port to fill their shelves.”

A calculator on the VBOT website estimate the economic impact of the exclusion to date at nearly $6.5 billion – and continuing to rise.