Judge reserves decision in lock out

Refinery urges court to fine Local 594 $1M, jail leaders if blockade continues

The Co-operative Refinery Complex (CRC) wants a judge to fine Unifor Local 594 $1 million and throw two of its leaders in jail if they don’t comply with a December court injunction.

Company lawyer Eileen Libby accused the local of a “complete disregard and disdain for the orders of this court.” On Thursday afternoon, Unifor’s lead negotiator Scott Doherty was arrested for mischief and released.

In a Regina court on Thursday,

Libby alleged there have been more than 100 breaches of two December injunctions that limited the amount of time locked-out workers can delay trucks coming in and out of the refinery.

She highlighted the blockade of the refinery site that began on Jan. 20 as “a major escalation.”

CRC is also seeking daily fines of $100,000 if the local doesn’t obey the injunctions, as well as a new order authorizing the company to remove barricades in the presence of police.

“We are not suggesting that the police pull down fences,” Libby told Justice Neil Robertson. “We are suggesting that they can keep the peace while that occurs.”

CRC submitted 23 affidavits, 150 paper exhibits and 395 minutes of video evidence to back up its case. Libby said the case “could not be any clearer.”

Crystal Norbeck, counsel for Unifor Local 594, conceded there have been at least some breaches. “I’m not defending the blockade,” she said.

But she said the local’s goal has always been to return to the bargaining table. Norbeck also suggested the labour dispute has now spiralled beyond the control of local leadership. “This is far bigger than Unifor 594,” she said.

Arguments had not wrapped up as of press time. (Check leaderpost. com for the latest coverage.) As the case dragged toward the evening, the local put out a news release outlining a plan it said could put its members back to work by Monday.

But the proposal came with conditions, including a mediator with the power to issue a binding settlement and the departure of replacement workers. Both points are terms the company has rejected in the past.

Regina Police Service (RPS), which has already made 18 arrests in the dispute, took a neutral position in court. Its lawyer, Katrina Swan, said the police neither oppose nor consent to the CRC’S application, which would not explicitly direct the police to do anything. “We believe that we are authorized to act, but certainly welcome some clarity from the court,” she told the Leader-post.

The arguments came the same day a Calgary judge ordered that Unifor barricades blocking Federated Co-operative Limited’s (FCL) Carseland fuel terminal are unlawful and must come down.

Unifor Local 594 has already faced one contempt finding from a Regina judge, who imposed a $100,000 fine on Jan. 22.

But Libby argued it clearly hasn’t been enough.

“We are asking for a fine which is significant, and I make no apology for doing so,” she said. “This union needs to understand. $100,000, apparently, is the cost of doing business — zero effect.”

Unifor’s legal team said the monetary penalty CRC seeks for contempt would be the highest such award in Canada.

Norbeck also argued jail time would merely poison the waters when labour peace is the ultimate goal.

The CRC asked Robertson to imprison Local 594 president Kevin Bittman for 90 days and vice-president Lance Holowachuk for 30 days unless they comply with the court order.

It argued that Bittman encouraged the blockade in at least two separate videotaped speeches, while Holowachuk played a role in an incident where a trucker was, allegedly, unlawfully delayed.

Norbeck took issue with that reading of Bittman’s speeches. She said Holowachuk, who was present in the courtroom, was at most guilty of “a very minor incident of contempt.”

“Two people’s liberty is at stake,” Norbeck said.

“From our perspective, that is the ultimate remedy.”

Libby doesn’t want anyone “taken away in handcuffs.” She noted that it would be easy for Bittman and Holowachuk to avoid the penalty by obeying the orders.

But Norbeck said the blockade is now a rallying point for the broader labour movement, with Unifor National and several other groups adding momentum that outstrips Bittman’s control.

“He’s not calling the shots on certain items,” Norbeck said.

Robertson, however, found it hard to believe that the local isn’t at the heart of the matter. He pointed to “overwhelming evidence” leading him in that direction. He noted that the dispute, fundamentally, is between the local and the company.

“If the local disowns the blockade ... doesn’t everything else disappear?” he asked.

“I don’t know who put up the blockade, but I assume it wasn’t fairies at night.”

Both sides argued that the case is historic. While the union pointed to the scale of the penalty, the company’s lawyer stressed the intransigence of the union.

“We could not locate a single case in the history of this province where an employer has been before the court a second time pleading that the court’s orders simply be respected,” said Libby

“But there is no other option.” Swan suggested police feel squeezed in a vice of public pressure, with some accusing them of inaction and others faulting them for being heavy handed.

She suggested that Chief Evan Bray is remaining cautious.

“The solution to this dispute is not for the police to arrest every single member on the picket line,” she said. “That’s not the goal of Chief Bray.”