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Texada quarry owners take union to court

LafargeHolcim sues over alleged unlawful picketing
Texada Island
QUARRY DISPUTE: Texada Island quarry owner LafargeHolcim has launched a lawsuit against United Steelworkers Local 816 in connection with what it claims are illegal activities taking place on the picket line outside the quarry. Peak archive photo

Owners of Texada Island’s limestone quarry are taking the United Steelworkers Local 816 to court over alleged unlawful picketing, but union officials say a better place to solve the dispute is at the bargaining table.

Texada Quarrying, a subsidiary of multinational LafargeHolcim, filed a notice of civil claim against the union in BC Supreme Court on January 3.

“Employees working at the mine during the lockout meet at an offsite location and are driven to the mine in a van,” the claim states. “The defendant union’s members have engaged in unlawful picketing activities at or near the mine, including blocking the van’s access to and from the mine and engaging in abusive and threatening behaviour of employees.”

In response to the claim, United Steelworkers western Canada director Stephen Hunt said it is routine for companies to look to the courts for help in cases such as these.

“It’s not uncommon in labour disputes, especially when the sides are polarized the way they are,” said Hunt.

According to the claim, LafargeHolcim alleges the union has failed to follow the terms of a BC Labour Relations Board settlement agreement, reached at the end of October, when it agreed to stop blocking access to the quarry.

LafargeHolcim claims the locked-out workers have delayed the van for up to three hours, shone lights through the van’s windows and yelled “scabs” at employees inside.

“Police have been called when vehicles have been obstructed, but have refused to intervene without an injunction,” the claim states.

According to Powell River RCMP constable Kerri Chard, police are mandated to assure public safety and the safety of everyone involved during a labour dispute. Actions that go against the current injunction are to be dealt with through the civil courts, she said.

“As with any labour dispute, protest or disagreement, the RCMP is an impartial party that is here to uphold the law, maintain the public peace and ensure safety for all parties involved,” said Chard. “If a protest is no longer peaceful or lawful, the police will need to evaluate the circumstances.”

Texada RCMP have received reports of minor, and in most cases, non-criminal actions from the picket line, said Chard.

Police do have an ongoing investigation open on a recent incident and are looking into whether sufficient evidence exists to support criminal charges, added Chard. Details of what happened could not yet be released, she said.

Chard said the BC RCMP labour relations liaison officer from E Division Headquarters has opened dialogue with both parties in the dispute and is providing consultation and best practices.

Responding to the civil suit, the steelworkers argue that LafargeHolcim did not follow the agreement that would have the company disclosing who is going in and out of the worksite.

“That’s what heated everything up,” said Hunt. “Our guys slowed the progress of a van because we weren’t sure who was in there. We’ve caught them using scabs. It’s just offensive when they continue to hide, and they are supposed to disclose to us who is going in and what jobs they are doing.”

Rather than spending more of the labour board’s time and resources, and those of the court, on the matter, Hunt said he would prefer the company return to bargaining, where a solution can be found.

“The parties would be better served to get back to the bargaining table and actually bargain rather than fighting this way,” he said.

Since negotiations broke down before Christmas, the union has not heard back from the company, he added.

In a Monday, January 23, statement from LafargeHolcim, spokesperson Jennifer Lewis said the company continues to seek a settlement to the ongoing dispute.

“At this time, Lafarge reaffirms our stance that we want a settlement with the union and the employees,” she said, “with conditions that allow Texada to be competitive and continue to offer the employees better-than-average wages and benefits.”