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Feds urge both sides to BԪַdo the workBԪַ to resolve B.C. port dispute

Talks in lockout at container terminals remain stalled after collapsing on Saturday
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The federal government is urging both sides in the British Columbia port dispute to return to the table after SaturdayBԪַs collapse of mediated talks to end the lockout at container terminals that has entered its second week.

A statement issued by the office of federal Labour Minister Steven MacKinnon on Monday said both the port employers and the union representing more than 700 longshore supervisors BԪַmust understand the urgency of the situation.BԪַ

The statement also urged both sides to BԪַdo the work necessary to reach an agreement.BԪַ

BԪַCanadians are counting on them,BԪַ the statement from MacKinnonBԪַs office said.

The lockout at B.C. container terminals including those in Vancouver BԪַ CanadaBԪַs largest port BԪַ began last week after the BC Maritime Employers Association said members of International Longshore and Warehouse Union Ship and Dock Foremen Local 514 began strike activity in response to a BԪַfinal offerBԪַ from employers.

The union said the plan was only for an overtime ban and a refusal to implement automation technology, calling the provincewide lockout a reckless overreaction.

On Saturday, the two sides began what was scheduled to be up to three days of mediated talks, after MacKinnon spoke to both sides and said on social media that there was a BԪַconcerning lack of urgencyBԪַ to resolve the dispute.

But the union said the talks lasted BԪַless than one hourBԪַ Saturday without resolution, accusing the employers of cutting them off.

The employers denied ending the talks, saying the mediator concluded the discussions after BԪַthere was no progress madeBԪַ in talks conducted separately with the association and the union.

BԪַThe BCMEA went into the meeting with open minds and seeking to achieve a negotiated settlement at the bargaining table,BԪַ a statement from the employers said.

BԪַIn a sincere effort to bring these drawn-out negotiations to a close, the BCMEA provided a competitive offer to ILWU Local 514 BԪַ the offer did not require any concessions from the union and, if accepted, would have ended this dispute.BԪַ

The employers said the offer includes a 19.2 per cent wage increase over a four-year term along with an average lump sum payment of $21,000 per qualified worker, but the union said it did not address staffing levels given the advent of port automation technology in terminals such as DP WorldBԪַs Centerm in Vancouver.

After talks broke off, the union accused the employers of BԪַshowing flagrant disregard for the seriousness of their lockout.BԪַ

Local 514 president Frank Morena said in a statement on Saturday that the union is BԪַcalling on the actual individual employers who run the terminals to order their bargaining agent BԪַ the BCMEA BԪַ to get back to the table.BԪַ

BԪַWe believe the individual employers who actually run the terminals need to step up and order their bargaining agent to get back to the table and start negotiations and stop the confrontation,BԪַ Morena said.

No further talks are currently scheduled.

According to the Canada Labour Code, the labour minister or either party in a dispute can request a mediator to BԪַmake recommendations for settlement of the dispute or the difference.BԪַ

In addition, Section 107 of the Code gives the minister additional powers to take action that BԪַseem likely to maintain or secure industrial peace and to promote conditions favourable to the settlement of industrial disputes,BԪַ and could direct the Canada Industrial Relations Board BԪַto do such things as the Minister deems necessary.BԪַ

Liam McHugh-Russell, assistant professor at Schulich School of Law at Dalhousie University, said Section 107 BԪַis very vague about what it allows a minister to do.BԪַ

BԪַAll it says is that the minister can refer a problem and a solution to the Labour Board. They can ask the Labour Board to try and solve the problem,BԪַ he said.

BԪַMaybe the minister will try to do that. It remains to be seen.BԪַ

The other option if mediated talks fail BԪַ beyond the parties reaching a solution on their own BԪַ would be a legislated return to work, which would be an exception to the normal way labour negotiations operate under the Labour Code.

Parliament is not scheduled to sit this week and will return on Nov. 18.

The labour strife at B.C. ports is happening at the same time another dispute is disrupting Montreal, CanadaBԪַs second-largest port.

The employers there locked out almost 1,200 workers on Sunday night after a BԪַfinalBԪַ offer was not accepted, greatly reducing operations.





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