Refinery labour dispute hits court
Union wins time to reply to claims pickets acting improperly, illegally
The labour dispute between the Co-op Refinery Complex (CRC) and Unifor Local 594 has spilled into the courtroom.
On Tuesday, lawyers for the two sides appeared at Regina Court of
Queen’s Bench where the refinery hoped to argue for an injunction regarding the way the picket line is operating.
But with just 22 hours’ notice, the union argued for, and was granted, an adjournment to give it time to look at and answer to the refinery’s allegations.
While full details of those allegations have yet to be presented in court, Justice Janet Mcmurtry heard hints of what was to come, with the refinery claiming picketers have been involved in improper and even illegal conduct, ranging from the way in which it blocked trucks from entering the refinery site to allegations of threats and assault.
Numerous affidavits have been filed by the refinery, each alleging some form of improper action by picketers. “Every day there was misconduct,” CRC lawyer Eileen Libby told the court.
Unifor lawyer Crystal Norbeck argued her office received thousands of pages of material from the opposing party less than a day before Tuesday’s court time and needed an opportunity to read it over and to assemble its own affidavits.
She refuted many of the allegations, stating picketers have been following the rules and have been going about their business both peacefully and legally.
While claims of more serious behaviour by individual, unnamed picketers were alleged, much of Libby’s argument centred on the ability — or lack thereof — of trucks carrying fuel and other supplies to enter and exit Co-op property. She referred to one instance in which it was said a truck was held up because of union actions for 26 hours — a claim disputed by Unifor.
Last week, the Saskatchewan Trucking Association and some independent trucking firms spoke out about delays for semi units going to and from the refinery.
Mcmurtry noted Canadian law grants picketing unions the right to provide information to people, including temporarily stopping vehicles entering or exiting the premises.
But Libby argued supplying information doesn’t seem to be the reason for the “blockades,” stating, “that isn’t even on their radar screen.”
Libby argued against the adjournment request, stating her client would be prejudiced by what would likely amount to an additional week of “misconduct.”
Mcmurtry ultimately granted the union’s request, setting the injunction application over to Monday for argument.
Lawyers for the refinery and a CRC spokesman wouldn’t comment publicly on the matter, including to provide specifics about what the proposed injunction entails.
Scott Doherty, executive assistant to Unifor’s national president, told reporters the proposed injunction is fairly sweeping.
“They’re asking for everything,” he said. “They want the world. They want the courts to basically determine everything and anything that can happen on the picket line ... Their response to us is that they want basically free access and there’s absolutely nothing that we can do.”
In court, Libby argued that as things stand, her client doesn’t have access or egress to its own property due to picketers.
Close to 730 Unifor members have been locked out since Dec. 5, shortly after the union issued its strike notice to CRC.
On Sunday, Unifor called for a nationwide boycott of all things Co-op, including groceries, gas and hardware stores. On Tuesday, pickets were set up outside some of those businesses in Regina.