t Issue
March, 4965

THE WESTERN CANADIAN LUMBER WORKER

Injured

Man

Reinstated

An arbitration board, on which Local 1-357 IWA was rep-

resented by Regional 2nd Vice-President Jack Holst, has

reinstated an employee who was dismissed by his employer
on the grounds that he was unfit for his work by reason of
the results of previous accidents.

The findings of the Board have aroused widespread interest
as a precedent setting forth the rights of management to re-
view and interpret a worker’s previous medical history to

furnish grounds for dismissal.

The circumstances as de-
tailed in the Board’s report
are as follows:

Peter Smoliak, employed
by Brookes Woodworking Co.
Ltd. since August, 1963 was
injured January 24, 1964
when a skilsaw he was using
kicked back and fractured his
thumb.

Smoliak was off work and
on Workmen’s Compensation
for a period of eleven months,
during which time he had an
operation on his thumb.

On December 7, 1964, he
reported for work. The com-
pany demanded a medical
certificate which he produced
on December 8, as furnished
by his family physician.

“This is to certify that Mr.
Peter Smoliak’s WCB claim
was finalized on December
6th, 1964 and that since then
he is able to perform reason-
ably strenuous jobs without,
however, lifting and carry-
ing heavy weights.”

At the Board’s hearing, the
doctor explained that the
qualification about lifting and
carrying weights had been
made as a customary precau-
tion when a patient who does
manual labor has been off

work for a prolonged period. ~

He testified that his patient

Se

esetets

cert ree eet etates

FROM PAGE 1}

The IWA Regional Negotiating Committee will re
port to the Regional Executive Board on April 6 the
results of a recent conference with the Deputy Minister :
of Labour and officials of the Labour Department’s :
Apprenticeship Branch. The conference dealt with the :
problem of certificates for millwrights in the lumber in- :
dustry and was intended to clarify the status of those :
now employed as experienced millwrights.

Among the proposals considered was the issuance %
of a Certificate of Qualification, as distinct from a Cer- :
tificate of Apprenticeship, to those now employed as :
tradesmen. The proposed new certificate will require ;
: approval by Order-In-Council and its value will be :
%: determined by the conditions laid down.

= No possibility of change in the conditions and quali- :
% fieations required for a Certificate of Apprenticeship was :
= indicated by the Department. :

He ce er
SRRSES SESS e SES

did not suffer any permanent
impairment.

The Company endeavored
to show that the grievor had
misrepresented his physical
condition as “good”, upon
making his application for
employment. The attempt was
made to prove that he had
fractured his arm when four-
teen years old and that he
had previously suffered an at-
tack of osteomyelitis in the
foot as a result of stepping on
a nail. The Local Union was
able to show that in his prev-
ious employment at Fraser
Mills and Mohawk Lumber
Co. he had been a competent
and satisfactory workman for
more than fifteen years.

The Board ruled that there
had been no misrepresenta-
tion as Smoliak was in good
physical condition when he
signed the application. .

Said the Board: “The com-
pany now has the required
medical information that the
Grievor is quite fit and cap-
able of performing his normal
and usual duties at the plant
and he should be reinstated
in employment, subject to his
rights and entitlement under
the seniority provisions of the
collective agreement.”

“Rebels”

member said, “In 3% days
this week, M.L.As have had
$90 im expense money and
this is what we expect widows
to get by on in a month.”

“When a husband has been

putting $500 a month into a
home, it is ridiculous to ex-

pect a widow to survive on
$90,” said another.

This has been the third is-
sue on which Socred mem-
bers have shown signs of re-
bellion against the customary
“rubber stamp” role imposed
by Premier Bennett’s dicta-

torial rule.

jocay

“FLY B.C. AIR LINES’ —

Miyazawa Resigns

The resignation of Brother
Joe Miyazawa as Regional
Director of Research and EKd-
ucation will be submitted to
the Regional Executive Board
on April 6. He has accepted
a similar position with the
B.C. School Trustees’ Assoc-

iation, ending nineteen years
of service on the IWA staff.

“Our Union’s officers and
members have learned of
Joe’s intentions with deep re-
pret,’ said IWA Regional
President, Jack Moore. “He
has rendered the IWA dis-
tinguished service during
very critical negotiations and
in the promotion of our edu-
cational program. He ranked
as one of the best analysts
and statisticians in the labour

field. We wish him every
success in his new post.”

While employed in the
Kamloops lumber industry,
Joe Miyazawa joined Local
1-417 and was elected Re-
cording Secretary in 1945. He
was appointed International
Organizer in 1946, Interna-
tional Representative in 1949
and Associate Director of
Research and Education § in
1953. :

During his term of office he
undertook a number of im-

portant missions abroad for
the Canadian trade union
movement.

He represented Canada at
the ICFTU International Con-
ference on Workers’ Educa-
tion at Calcutta. The Interna-
tional Metalworkers’ Federa-
tion secured his services on
loan to undertake a six-
months’ survey of the metal
trades in Japan. More recent-
ly, he was a labour member
of the Canadian Trade Mis-
sion to the European Com-
mon Market to study the pos-
sibilities of expanding trade
in B.C. lumber products.

His community service ac-
tivities made him a member
of the B.C. Curriculum Ad-
visory Board, the Board of
Directors, UBC International
House and the Community
Chest.

Claimants for unemploy-
ment benefits in March to-
talled 597,000 or 10,000 fewer
than in February and 88,000
under the total a year ago. .

Region 3 Convention
Proposes Amendments

Delegates attending the sixth annual convention of the
Western States Regional Council No. 3, March 3-4-5, in Port-
land, re-nominated their four top officers without opposition.
This will assure the re-election of Harvey R. Nelson, Presi-
dent; Leonard Palmer, 1st Vice-President; D. C. (Gundy)
Gundvalson, 2nd Vice-President; and Arley Anderson, Sec-

retary-treasurer.

The Western Canadian Regional Council No. 1 was rep-

resented on_the occasion by 2nd Vice-President Jack Holst

and Secretary-treasurer Fred Fieber.

Three proposed amend-
ments to the International
Constitution were approved
for submission to the Inter-
national Convention in Tor-
onto next October.

These amendments would:
(1) Clarify provision for dues
exoneration in line with con-
stitutional interpretations;
(2) set a compulsory retire-
ment program for officers,
trustees, and full-time staff
members, with the exception
of current representatives
who are not participants in
the IWA pension plan; and
(3) change the provisions in
the international’s local by-
laws on the procedures to be
followed in special local un-
ion meetings.

Holst Urges Co-operation

The convention which ap-
proved continued co-opera-
tion between the IWA’ and
the Lumber and Sawmill
Workers in the Western
States heard Vice-President
Jack Holst, Region 1, urge
still closer co-operation be-
tween all unions in the forest
products industry. This is
vitally necessary, he said, in
view of the closer inter-lock-
ing and international rela-
tionships formed by the same
employers on both sides of
the international boundary.

. Vice-President Holst, re-
viewed some of the problems
encountered by the Canadian
section of the Union, especial-
ly in the interior of B.C. He
described the development of
a strong anti-union campaign
by small Interior employers
which has involved the IWA
in frequent requests for the
right to prosecute in the
courts because of unfair labor
practices, “A strike at Frolek

| Sawmills exemplifies this de-

velopment,” he said, and “re-
veals a situation which re-
quires still more vigorous
steps to uphold trade union-
ism in the expanding field of
pulp harvesting. The large

intergrated companies, now.

moving into this field, are too
prone to accept the pattern
attempted by the smaller
firms,” he stated.

He explained the reasons
why Regional Council No. 1
is fighting for a forestry policy
designed to eliminate the evils
of contracting-out as con-
ducted by the large corpora-
tions.

“Expand Field of Influence!”

Vice-President Holst de-
plored the pressures exercised
during election campaigns in
Canada and the United States
to curb the growth of large
unions. “We should not be
deceived,” he said, “by these
extremists on the right.” “The
danger to our objectives is
real.” “The day of the small
operator in the lumber indus-
try is passing as the large
integrated companies take
over the control of our forest
resources.” “Rather than limit
our sphere of influence we
must enlarge it in order to
meet the economic and polit-
ical strength of the most pow-
erful employers in the world.
This will demand of us more
than emotional outbursts. We
must develop a business-like
administration, capable of ad-
justment to this modern trend
in industry.”

The speaker dwelt on new
trends in negotiations, which
place greater emphasis on
continuous bargaining and
plans to offset technological
unemployment. “Strikes are

becoming more costly, and
longer,” he said, “as the em-
ployers mobilize their polit-
ical forces to impose restric-
tive legislation and the use of
injunctions.”

“We must engage in a con-
stant revision of our organiza-
tional program to, meet the
onslaught of a hard core of
employers, ruthlessly deter-
mined to strangle free trade
unionism.”

A Canadian Comparison

Secretary - Treasurer, Fred
Fieber, drew a comparison
between the problems faced
in Canada and the United
States. “Events. have shaped
somewhat different structures
in the two Regions,” he said.
“In bargaining for scattered
operations over vast geo-
graphical areas, Regional
Council No. 1 has found dis-
tinct advantages in industry-
wide bargaining and agree-
ments,” he stated.

The speaker outlined the
efforts of Region 1 to develop
re-training programs to offset
the immediate effects of tech-
nological changes in the in-
dustry. He also dealt with the
IWA approach to the need for
medicare as found in Canada
and expressed commendation
of the convention’s resolution
in support of a more liberal
program of medicare in the
United States.

“In both countries the
members of the medical pro-
fession have one main reason
for blocking true medicare.
They want to make sure of
a boost in their take-home

”

pay.

Tragic!

: “What we need is to have
¢ money put into consump-
» tion; and whenever we re-
« distribute income in favour
: of the rich we only ag-

: gravate the relation be- ie
ks
es

=: tween savings and consump-
: tion. We have been doing

that for years with tragic %
4 results.” is
: —T. C. Douglas iS

ie pt

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