Co-op seeks injunction against locked out workers, union wants it thrown out
Justice Janet McMurtry's decision on the injunction was reserved to a later date.
Management at the Co-op Refinery Complex and Unifor 594 aren't speaking at the bargaining table, but they are speaking in court.
On Monday, Justice Janet McMurtry heard from both sides after the refinery filed an injunction against the union for what it claims to be illegal conduct.
McMurtry's decision on the injunction was reserved to a later date.
Eileen Libby, lawyer for Federated Co-operatives Limited, said the union is blockading access to the 800-acre refinery property, intimidating contractors, suppliers and employees. The union's lawyer said workers are assembled peacefully, legally and are well within their right.
Part of the submission for an injunction filed by Libby on behalf of the refinery states that there is concern over emergency vehicles. Libby also said the the locked out members "have impeded delivery of safety equipment and safety chemicals."
When McMurtry asked for a specific example of an emergency vehicle being prevented from entering the refinery grounds or of safety equipment being withheld, no example was given. Court also heard that picketers have been blocking tanker trucks from exiting and entering the site for many hours.
Crystal Norbeck, a lawyer representing the union, said these claims were unfounded. She said that in the one instance cited by Libby where a vehicle was alleged to be carrying emergency supplies that union members allowed it into the facility. It was not marked or designated as an EMS, law enforcement or fire services vehicle though, added Norbeck.
On Dec.17 McMurtry placed restrictions on the extent of the union's picketing until the injunction hearing could be heard.
Libby alleged union members have been hurling insults and harassing replacements workers and vehicle passengers. As a result of the union blockades, Co-op brought in helicopters to transport staff and goods across picket lines, which was an expensive choice, she said.
Rick Engel, another lawyer representing the union, said the workers are doing what they need to get their message across. He said if the company was able to hire a helicopter three days into the lockout to fly workers and supplies in that clearly the company has deep pockets.
"What a significant act that is," said Libby. "It's significant, it's strange but it was necessary." She added that the use of helicopters was not an adequate substitute to ground access into the refinery.
The union's lawyers asked that the injunction be thrown out altogether and that there be no restrictions placed on the locked out workers. Right now, workers are allowed only five minutes to speak with truckers or people looking to enter the complex.
Libby also said several truckers have been delayed for hours trying to enter the facility and that this obstruction flew in the face of the judge's previous ruling, though the examples which were submitted took place before the ruling was delivered.
Norbeck said the lineup of trucks had more to do with the company than with the workers on the picket line. This because the people responsible for scheduling tankers to arrive at the refinery would have been well aware of the back log. He said normally when workers monitoring truck movement notice a backlog, they amend the schedules of the truckers to prevent a long line.
Norbeck alleged that contract workers in the refinery kept requesting trucks to the refinery as a symbolic gesture.
On behalf of the refinery owners, Libby also expressed their sentiment that the police had done little to deter what she called "illegal activity" by union members and that an injunction was the only action they could take. Norbeck responded to the claim by saying that police have not issued a single ticket or charge and that union members have been in contact with the Regina Police Service on a daily basis.
Engel said it wouldn't be appropriate for the police to take a side in the matter and commended them on keeping the peace.
Workers at the refinery were locked out on Dec. 5 after negotiations broke down between management and the union. The injunction filed against the union came a day after it called for a nationwide boycott on Co-ops.
With files from The Canadian Press