British Columbia port sues striking steelworkers union

The port's 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 (CN) — The operator of a British Columbia port claimed Tuesday that United Steelworkers and the province’s labor advocacy organization are illegally interfering with the port’s activities via striking.United Steelworkers Local 7619 has been striking against Teck Resources’ Highland Valley Copper mine since Oct. 24 after collective bargaining broke down.According to PKM Canada Services Inc., the port’s operator, and the British Columbia Maritime Employers’ Association in a lawsuit filed in B.C. Supreme Court, the work stoppage has caused disruptions to several goods that were coming into the port, including grain, diesel and sulfur coming in by rail and various truck shipments.“The picketers appeared to be from multiple unions, and the B.C. Federation of Labour,” PKM writes.The company is seeking damages from both USW and the labor advocacy organization 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.PKM claims picketing a location that isn’t the workers’ direct workplace is barred by the B.C. Labour Relations Code, and “hot edicts” — like the one issued by the federation — aren’t allowed under the Canada Labour Code.The federation declared the “hot edict” Friday, calling on unionized workers not to handle Teck’s mining 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 federation President Sussanne Skidmore in a statement.“It’s up to all of us to show them how wrong they are," she added.Picketing expanded to a port in North Vancouver on Saturday and International Longshore and Warehouse Union workers at PKM’s port refused to handle materials from the mine between 4:30 p.m. on Nov. 6 and 3 p.m. the following day, the company claims.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 reportedly 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 Sunday and Monday. PKM noted in the suit that 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.“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 a Saturday interim order by the Canada Industrial Relations Board on Saturday for ILWU workers to return to work. The B.C. Labour Relations Board issued a similar interim order to USW workers to stop picketing at the port on Sunday.The lawsuit follows another one filed Monday by Teck’s Highland Valley Copper 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 mine 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 the federation’s website, USW’s western Canada director Scott Lunny 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,” he said. “No company this profitable should be falling so far short of the wages and pensions they can afford to pay.”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