IWA wins final ruling preventing scabs from voting decert!

THE LABOUR MOVEMENT won a
conclusive victory on December 19,
when the Ontario Labour Relations
Board gave its final ruling that scabs
(“replacement workers”) have no right to
Participate in a vote to decertify a union.
The case, won by the IWA, is a victory for
workers in Ontario and elsewhere in the
country.

During a strike at the Anagram
Premier ResCare facility in Niagara on
the Lake, Ontario which began on April
15, 2002 and which saw the employer
bring in scabs, over six months passed
when a decertification vote was held.
With scabs participating, the vote to

decertify passed by a one vote majority.
The IWA, whose Local 700 represents
the workers, took the case to the OLRB
which gave a preliminary ruling on
October 24, 2002. This final ruling ices
the issue in favour of unions.

“We are happy as hell to get the final
decision in our favour,” says IWA nation-
al first vice president Norm Rivard. “This
is a major win for all trade unions. Scabs
can not and will not be able to vote in the
future on the future of union members.
To allow this would have been totally rep-
tehensible and it sends a message to
employers — don’t think you can scab out
the joint and bust the union by using

scabs to do your dirty work.”

OLRB vice chair Stephen Raymond ruled
that, legally, scabs are “employees” but not
“employees in the Bargaining Unit.”
Therefore, he ruled, scabs have no right to
vote on the future of the bargaining unit.

He based his decision on a 1990
Saskatchewan Labour Board decision which
said when the “bargaining unit” walks out
on strike, scabs can’t become part of that
unit any more than management can.

The board accepted the IWA’s argument
that “replacement workers” are not repre-
sented by the WA.

“The decision whether or not to stay
union is in the hands of those who went on

strike in the first place,” notes Brother
Rivard. “How can any reasonable person
with a sense of fair play, think otherwise?”

_ Wrote Mr. Raymond: “The trade union
has the exclusive bargaining rights for the
members in the Bargaining Unit. It doesn’t
bargain on behalf of the replacement worl
ers. The interests of the replacement work-
ers and the trade union are ‘at odds’ with
each other.”

“In Ontario, since the Harris government
took power in 1995, employers have been at
war with unions in many workplaces,” says
Rivard. “We hope this important decision
will help to stem the tide of assaults on
workers in the province.”

Coast mediation talks

are slow in making

Industry and IWA meet with
assistance of government-appointed
mediator to resolve tough issues

SINCE THE IWA AND FIR were leg-
islated back to work last December,
‘under Bill 99, the two sides have met
with government-appointed mediator
Don Munroe (see bottom).

The IWA side (see photo top right)
met with Mr. Munroe on January 14, 15
and 20, and
IWA national
president Dave
Haggard, chair-
man of the
provincial nego-
tiating commit-
tee, met with
him briefly on
February I.
Another meet-
ing between the
IWA committee
and Munroe took place on March 11.

Brother Haggard said the union has
been putting its best foot forward to
seek an agreement and that the indus-
try has been dragging its heels.

“Mr. Munroe is faced with the prob-
lem the IWA faced all along - that
industry is intransigent about negotiat-
ing and won't sit at the table,” added
Brother Haggard.

IWA Coast locals went on strike on
November 21 of last year, when the
B.C. Labour Relations Board ruled that
FIR has the right to impose terms and
conditions of employment on IWA
members following a one day walkout
on November 6.

The industry has tried to impose a con-
cession-ridden agreement, eliminating
travel time and overtime, capping benefit
programs, freely contracting out logging
operations, and unilaterally imposing shift
schedules.

Brother Haggard says the union will

Dave Haggard

continue to push for a settlement and
“would like to see progress soon.”

“(DON) MUNROE IS FACED
WITH THE PROBLEM THE
IWA FACED ALL ALONG -
THAT INDUSTRY IS
INTRANSIGENT ABOUT
NEGOTIATING” - DAVE
HAGGARD, IWA PRESIDENT

“We have had a difficult year and there
is every indication that there are more
changes ahead on the Coast. It is our job
here to get the best deal we can for our
members so that workers and communi-
ties come out of these tough times better
off than they are now,” added the union
president.

PHOTOS BY NORMAN GARCIA

= Pictured at a meeting with mediator Don Munroe (m.) in January were
(clockwise from left) Local 2171 president Darrel Wong, national second v.p. Wilf
Mcintyre, national sec.-tres. David Tones, Local 1-85 president Monty Mearns,
Local 363 president Rick Wangler, national staffer Scotty Lunny, national
president and spokesman Dave Haggard and Local 1-80 president Bill Routley.

In the northern Interior, Local 1-424
reports a mixture of activities involving
sawmill negotiations. As this issue of The
Allied Worker goes to press, Local 1-424 is
in talks with Slocan Quesnel Forest
Products and the West Fraser, Fraser
Lake sawmill. An agreement with the
Stella Jones was ratified in February
while Carrier Lumber and Northwest
Wood Preservers have yet to be negotiat-
ed. Weldwood Quesnel needs to be rene-
gotiated.

At the Slocan Tackama operation in Ft.
Nelson a 95 per cent strike mandate has
been taken and mediation is scheduled
for March 23-25. The Slocan Plateau mill
in Vanderhoof has yet to vote on an

MEDIATOR DON MUNROE GETS JOB

Under Bill 99, government-appointed
mediator and veteran arbitrator Don
Munroe has been sitting down with the
IWA and FIR in back and forth negotia-
tions for a renewed Coast Master
Agreement. The
legislation, (the
Coastal Forest
Industry Dispute
Settlement Act),
gives Mr. Munroe
until May 31, 2004
to assist both sides
reach an agree-
ment. if that can’t
be done, he will present a legally-binding
collective agreement for the parties.
Munroe is no stranger to IWA circles and
has a breadth of knowledge on the issues
affecting union members on the Coast -

IWA PHOTO

especially contracting out issues. In
October, 1986 he was appointed as a
mediator during the 4-1/2 month B.C.
province-wide strike, where the primary
issue was contracting out. He is a senior
mediator/abitrator who is one of 44 mem-
bers of the B.C. Collective Agreement
Arbitration Bureau, an arm of the B.C.
Labour Relations Board. Munroe has ren-
dered arbitration awards in many difficult
disputes involving both public and private
sector unions, including the IWA.

Under the legislation, the mediator is
mandated to take the future and current
viability of the coastal industry under his
consideration as well as the stability of
the IWA and its membership. Mr. Munroe
has an important job to do. With an indus-
try that won't negotiate - that job is even
a tougher one.

MOU. At Canfor
Houston, a second
collective  agree-
ment was rejected.
Forty-two per cent
voted in favour.
Talks have yet to be
rescheduled.

In the southem
Interior, Local 1-
423 president Ben
Landis reports the
local union negotiating committee has
had two meetings with the Interior
Forest Labour
RvenlWarteaomnys:
Association, since
a collective agree-
ment was rejected
for the second
time. Proposals
were exchanged on
February 18 and
another meeting
took place on the
23 of the same
month to hear the companies make a
partial economic presentation. Brother
Landis said the IFLRA’s proposals are
nothing more than the May ‘o03 version.
Meetings are scheduled for March 11 to
hear a presentation on health and welfare
benefits and on March 19. The Local 1-
423 negotiating team consists of Brother
Landis, local financial secretary Verne
McGregor and six plant chairmen elect-
ed from operations affected. The com-
mittee is assisted by David Tones, nation-
al secretary-treasurer of the IWA.

Frank Everitt

Ben Landis

MARCH 2004 THE ALLIED WORKER | 3