British Columbia port seeks injunction against striking Steelworkers, claims illegal interference in its operations

Port operator claims a “hot edict” on materials from a mine and a picket line by the mine’s workers at the port violate provincial and federal labor laws.VANCOUVER, British Columbia — The operator of a British Columbia port is suing a United Steelworkers local and the province’s labor advocacy organization, claiming they’re illegally interfering with the port’s activities.United Steelworkers Local 7619 has been striking against Teck Resources’ Highland Valley Copper since Oct. 24 after collective bargaining broke down.The workers have been picketing outside the mine in B.C.’s interior since then. But the picketing expanded to a port in North Vancouver on Nov. 7, according to PKM Canada Services Inc., the port’s operators, in a B.C. Supreme Court lawsuit, which also names the British Columbia Maritime Employers’ Association as a plaintiff.One day earlier, the B.C. Federation of Labour declared a “hot edict,” calling on unionized workers not to handle Teck’s HVC materials.“A hot edict is an exceptional step to take. But it’s become clear this employer believes they can wait out their workers and operate around this strike and B.C.’s anti-scab law,” said BCFED President Sussanne Skidmore in a statement published online.“It’s up to all of us to show them how wrong they are.”As a result, International Longshore and Warehouse Union workers at PKM’s port refused to handle materials from that mine between 4:30 p.m. on Nov. 6 and 3 p.m. the following day, according to PKM.An hour and a half after ILWU began handling HVC’s materials again, 10 out of 14 workers on the 4:30 p.m. shift refused to cross the picket line and didn’t show up for work.The four who did show up came before the picket line started, according to PKM.“Those four workers … could not perform work without skilled workers, and so no operations work was performed on the 4:30 p.m. shift at the terminal that day,” PKM said.It added that pickets continued until after midnight that night and resumed for most of the following day and again on Nov. 9.“The picketers appeared to be from multiple unions, and the B.C. Federation of Labour,” PKM said in its lawsuit, adding that Skidmore was among those present.Throughout, PKM said longshore workers refused to cross the picket line, with only small windows of work done in those three days.The work stoppage has caused disruptions to several goods that were coming into the port, according to PKM, including grain, diesel and sulfur coming in by rail and various truck shipments.“At least one vessel has been unable to dock to load its cargo as scheduled as a result of the lack of longshore workers attending work,” PKM said.That’s despite an interim order on Nov. 7 by the Canada Industrial Relations Board for ILWU workers to return to work and an interim order on Nov. 8 by the B.C. Labour Relations Board for USW workers to stop picketing at the port.PKM argued in its lawsuit that picketing a location that isn’t the workers’ direct workplace is barred by the B.C. Labour Relations Code, and hot edicts aren’t allowed under the Canada Labour Code.The company is seeking damages from both USW and BCFED for obstructing the terminal, as well as an injunction, including police enforcement, against picketing at the terminal.An application for the injunction is expected to be heard Thursday morning.The lawsuit follows another one filed on Nov. 9 by Teck’s HVC subsidiary, claiming picketers at both the port and the mine itself have formed a blockade.Teck claimed the union has intimidated and engaged in threatening behavior toward its employees and contractors, as well as destroying HVC property.That lawsuit similarly seeks an injunction against the port picket line, as well as illegal activity in the mine picket line.In the statement posted to BCFED’s website, USW’s western Canada director said the union had a unanimous strike vote and that Teck was seeing record profits.“Yet they aren’t just failing to pay workers enough to retain them — they’re even asking for concessions,” Scott Lunny said.“No company this profitable should be falling so far short of the wages and pensions they can afford to pay.”USW, BCFED and the lawyers for PKM and Teck didn’t respond to a request for comment by publication time.Courthouse News reporter Dustin Godfrey is based in Vancouver, Canada.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads