DND union told to stop using Maple Leaf logo

CONTRACT DISPUTE

DAVID PUGLIESE The Defence Department is demanding its largest union stop using a photo of a search-and-rescue helicopter in an ad campaign warning that rescue missions are being put at risk.

The union, whose members maintain the military’s Cormorant search-and-rescue helicopter, purchased the picture from a commercial photo agency and was using it in a campaign to highlight that such workers had been without a contract for almost two years. The campaign also raised concerns that rescue missions could be jeopardized and called on the public in Newfoundland and Labrador to write local Liberal MP Scott Simms to show their support for search and rescue and “the employees who provide this fundamental public service.”

But department officials say the photo shows the helicopter with a Canadian flag on it and other insignia and because those are trademarked images of the federal government, the union has now run afoul of the law.

The legal letter comes in the midst of tough negotiations between the Union of National Defence Employees (UNDE) and IMP, the firm that has the maintenance contract for the Cormorant helicopters.

UNDE represents both Department of National Defence employees and maintenance crews employed by IMP.

The ad campaign was started May 4 by the Public Service Alliance of Canada and its largest component, UNDE.

UNDE president John MacLennan said the union believed it could use the Cormorant photo since the image was privately produced. UNDE was surprised to receive the legal letter from DND dated Aug. 7, months after the campaign was started.

“I think we’re seeing some payback here from DND management because we’ve been highlighting problems with search and rescue, as well as raising warnings about the government’s shipbuilding plan,” said MacLennan. “So this is their way of sticking it to us.”

In late June, the union signed a letter to Prime Minister Justin Trudeau warning that the Liberal government’s new defence plan potentially compromises national security by relying too much on private contractors to maintain military equipment, in particular the country’s new warships.

But DND says the legal letter has nothing to do with ongoing contract negotiations or any other outside issue. DND spokesman Evan Koronewski said the department was acting on a complaint it received. “DND uses the Trademarks Act appropriately, and acts accordingly when made aware of any unauthorized use,” he noted. “Any suggestion that action was taken for any other reason is completely unfounded.”

He noted that the department sends out about a dozen similar letters a year.

DND “is committed to the protection of these symbols, in order to maximize and preserve its value, maximize its benefits and prevent third parties from misusing it,” Koronewski added.

It isn’t unusual for companies across the country to feature the Canadian flag in everything ranging from signs to hats. But without specific approval from the federal government, such use is against the law.

Many defence industry companies also feature advertising and promotional material using various photographs showing Canadian military insignia as well as Canadian flags on equipment. It is unclear whether all of those firms have received approval from the federal government or DND to do that.

MacLennan said the union will comply with DND’s demands to remove the image by Aug. 18, but won’t back off on raising concerns about the Cormorant helicopters or working conditions.

IMP has not commented.