LABOR Pacific Press unions and the B.C. Federa- ion of Labor have won round one in the attle to prevent an attempt to undermine labor’s “thot edict.” The next round begins later this month or In January, when Pacific Western Airlines d West-Can Communications appeal. a lecision by B.C. Supreme Court Justice _ Martin Taylor rejecting the companies’ bid ran injunction against the Vancouver and New Westminster Newspaper Guild, Local 115, Local 225 of the International Typo- _ graphical Union, and the B.C. Fed. The Guild and ITU represent editorial, Classified and press room staff at Pacific Press, which publishes The Sun and the Pro- Vince. The injunction bid was an attempt by -PWA, which has employed scab labor since 1,800 employees went on legal strike last _ September, to force the unions to lift their ban on handling and printing in the two dailies the airline’s advertisements. _ The press unions’ action followed a dec- _laration, adopted at the recent B.C. Federa- tion of Labor convention, that the airline’s Services were “thot” and not to be handled by affiliates. The unions at Pacific Press, a ‘Southam company publishing the Van- Couver dailies, have a contractual agree- Ment allowing workers to refuse ad copy Om strikebound firms operating with scab if __ Unionists see PWA’s court challenge — Alongside a challenge mounted by the B.C. Usiness Council and Pacific Press of the B.C. Labor Relations Board’s decision _ Upholding the press unions’ banning of Famous Players ads during a Theatre : ‘the office cers ad ee OPE. _Vancouver-New. Westminster Newspaper Guild ae: Mori is President Roy Tubbs 2 Administrative Opice cer Employees Union strike last year — as a concerted effort by big business to eliminate the hot declaration and contract clauses allowing unions the right to refuse scab- produced goods. Justice Taylor handed down several rul- ings, some in favor of the plaintiffs and some in favor of the B.C. Fed and the press unions during the five-day hearing. He dismissed the defendants’ contention that the Supreme Court had no jurisdiction to hear the case, which the unions argued was properly the jurisdiction of the B.C. Labor Relations Board. He also dismissed the defendants’ claim that the banning of the ad copy was allowed under the Canadian Charter of Rights and Freedoms, stating, “the Charter argument has already been fully considered and rejected in the labor relations context by the decisions of the Court of Appeal...” But in his key rulings the justice dismissed PWA claims that the unions had “con- spired” to “injure” the company, that the unions’ actions constituted “intimidation” and that the ads boycott forced a breach of contract by Pacific Press with the airline. “In its dealings with the plaintiffs, Pacific Press Ltd. has expressedly reserved the right to accept or refuse, at its discretion, any advertising which might be submitted for publication. Having given a right of veto to its employees, Pacific Press Ltd. was, of course, in no position to make any absolute contractual commitment to publish the plaintiffs’ advertising,’ Taylor wrote in rejecting the breach-of-contract claim. He continued, “Since the defendant press PWA picketed at Vancouver airport. unions have already exercised the contrac- tual embargo rights granted to them by their collective agreements, and neither they nor the defendant federation have threa- tened to do anything more, I can find nothing to support the claim based on threats or intimidation...” Stating that there are no legislative guide- lines determining injury or “undue harm” to employers resulting from hot declara- tions, and citing his understanding of the “commonsense of the community” in B.C., Taylor rejected the conspiracy argument. “Whether regulation of the use of ‘hot declarations’ falls within provincial or fed- eral legislative jurisdiction...the same rules might well be applied in this province, so that lawfully-striking federally-certified em- ployees not be denied at common law those rights which are recognized in this province as normally belonging to employees engaged in a lawful strike,” he wrote. But in throwing out the plaintiffs’ reasons for seeking the injunction, Justice Taylor pointed out that the application could still be heard under new terms. He wrote: “There has in the present pro- ceedings been no opportunity to test the reasonableness of the effect of the ‘hot dec- laration’ in its impact on the business of Court backs right to pull airline’s ads either the plaintiff or either party. Since the provincial Labor Relations Board has no jurisdiction in the matter, the reasonable- ness of the impact of the declaration is something which could only be adjudicated by this court. “Tf the plaintiffs desire to join the neces- sary further parties and to bring on an application in that connection they may do so, by way of renewal or continuation of the present motion, on one days’ notice,” he advised. Failing that, the application is dismissed and court costs are awarded to the defend- ants, Taylor ruled. But in their application for appeal, heard and granted Monday morning, PWA stated its intention to again prove the intimidation, conspiracy and unlawful breach of contract claims. Guild lawyer Rick Covell said the press unions and the B.C. Fed have filed a cross- appeal, resting on the contention that the B.C. Supreme Court does not have the jurisdiction to hear the dispute, which they say properly belongs to the B.C. LRB. PWA employees, members of three unions — the United Auto Workers, the Canadian Air Line Flight Attendants Asso- ciation, and the International Association of Machinists and Aerospace Workers — went on strike Nov. 20 after rejecting a company demand for more than 160 con- tract concessions. The unions, organized into an alliance called “‘Co-action,” went back to the bar- gaining table for talks with the airline Dec. 9. CAFLAA spokesman Dianna Rienstra said the unions are conducting seperate negotiations with the company, but meet regularly to discuss the talks. While Co-action has no way of determin- ing the effect of the strike and the hot decla- - ration on PWA’s business, Rienstra said the union’s have received “reliable reports that the (passenger) loads are significantly down.” The unions have detailed several safety violations since the company began opera- tions with 250 scab flight attendants and 500 managerial staff. IWA re-affiliation set Expectations that changes to the B.C. Federation of Labor constitutional provi- sions for representation at conventions would pave the way for the return of the International Woodworkers were fulfilled Dec. 13 when the IWA regional council voted unanimously to re-affiliate the union’s full membership to the federation. The decision will put an additional $110,000 into the federation’s budget over the next year, which “will allow us to pro- vide additional services,” said B.C. Fed president Art Kube. He emphasized that the [WA move would “enhance the struc- ture of the trade union movement in this province.” The IWA will also put $20,000 into the let our work be the work of peace HOSPITAL EMPLOYEES’ UNION ‘s* a fund for the federation’s unemployment action centres as part of its renewed affilia- tion. The union’s regional council had voted to call on its 13 locals to disaffiliate all but a token number of their members from the B.C. Fed following the 1984 federation convention in which incumbent federation first vice-president Jack Munro was defeated by Canadian Paperworkers Union leader Art Gruntman. The IWA had also been dissatisfied for some time with its delegate entitlement at conventions which was disproportionately smaller than either its total membership or its per capita dues payments. The constitutional changes endorsed by the 1985 federation convention, held last month, changed the representation for- mula, however, bringing [WA delegate enti- tlement in line with total membership. Another change will see future federation vice-presidents elected at large, a move that will presumably end the old practice of vice- presidencies being “reserved” for certain unions or industrial sectors. Two IWA locals have retained full mem- bership affiliation to the federation through- out the dispute however. Local 1-85 in Port Alberni was first in rejécting the leadership’s call, arguing that, notwithstanding any out- standing grievances, unity of the trade union movement was of primary impor- tance. The membership of Local 1-363 on northern Vancouver Island later overturned an executive decision to disaffiliate and voted to restore full per capita dues to the federation. PACIFIC TRIBUNE, DECEMBER 18, 1985 e 3