The Law of Work
  • Home
  • About
  • Professor David Doorey
  • Osgoode Hall LLM
  • Books
  • Guest Contributors
  • Useful Links
    • Archive
  • Home
  • About
  • Professor David Doorey
  • Osgoode Hall LLM
  • Books
  • Guest Contributors
  • Useful Links
    • Archive
The Law of Work
Charter of Rights and FreedomsSaskatchewanSupreme Court of CanadaUnions and Collective Bargaining

Stranger Than Fiction: Unifor Local 594 and Consumer’s Co-op Refineries Limited

by Ronni Nordal June 22, 2020
written by Ronni Nordal June 22, 2020

Written by Ronni Nordal, Q.C., Nordal Law Office, Regina

“Truth is stranger than fiction, but it is because Fiction is obliged 
to stick to possibilities; Truth isn’t.” (Mark Twain)

The purpose of communication of information on a picket line is to persuade and by means of that persuasion to inflict economic harm on the employer.[1]  As Supreme Court Justice Brian Dickson J. (as he then was) stated in CUPE v. N.B. Liquor Corporation[2]:

The traditional view of the picket line is that it is simply informative.  But its real purpose, as recognized by Mr. Justice Limerick, goes beyond that. Generally, the purpose is to shut down the employer’s operation, or at least to make it difficult to maintain the operation. This is done by dissuading various groups and individuals from having anything to do with the employer.  In a heated confrontation, this attempt to discourage extends also to managerial personnel. The employer, by contrast, tries to maintain his operations by using managerial personnel to do the work of strikers, by hiring strike breakers, and by maintaining lines of communication for incoming supplies and services, and outgoing products.  In private sector labour relations, these efforts on both sides are typically legal and an integral part of the economic conflict.  

Supreme Court of Canada

On December 5, 2019 the Consumer’s Co-op Refineries Limited (CCRL) locked out approximately 750 of its employees, all of whom were members of Unifor Local 594.  It is clear that CCRL had planned for the lockout for some time and had measures in place to ensure it could continue its operations.  These measures included having significantly increased the number of out-of-scope managers; moving trailers onsite and created an onsite work camp for replacement workers and having helicopters on standby.

Unifor Local 594 attempted to exert economic pressure on CCRL.  Economic pressure is a critical component of labour relations peace – it is the leverage that can be exerted by workers to gain a fair collective agreement.[3]

Over the course of more than 6 months the ability of Unifor Local 594 to exert economic pressure on CCRL was thwarted.  In addition, and just as concerning, Unifor Local 594’s ability to persuade others, including members of the public, to exert pressure on CCRL to resolve the labour dispute through legal picketing were met with the threat of criminal chrages. 

Over the six months since CCRL locked out Unifor Local 594 members there has been no stoppage of CCRL operations – its business has carried on.  During that same time period Unifor Local 594 members have been threatened, arrested, denied fundamental Charterfreedoms, followed by anti-union “security” hired by the CCRL and put at physical risk of harm without even being made aware of the risk.

The Royal Commission on the Relations of Labour and Capital issued a report in 1889 stating:  “The man who sells labor should, in selling it, be on an equality with the man who buys it.” Labour laws are intended to equalize the inherent inequity between capital, in this case CCRL and workers, in this case Unifor Local 594.  

Last week, Unifor Local 594 and CCRL reached a tentative agreement that is being voted on beginning today.  Unifor Local 594 has been put in a position of having no chips left to play.  I have no personal knowledge of the content of that offer – but my gut tells me it is not what members of the Unifor Local 594 were hoping for, nor is it what they deserve.  We can talk about a Charter protected right to free collective bargaining – but talk is cheap and it appears a corporation like CCRL that is willing to spend enough can render that right almost meaningless.   

The solidarity and strength that existed among Unifor Local 594 members on December 5, 2019 not only continues but has grown and solidified.  As someone who has observed the lock-out from the outside I have not lost hope.  One day workers, including members of Unifor Local 594, will have the ability to colletively bargain from a place of equal bargaining power instead of  the scale being tilted in favour of capital from the outset.  

Chronology of Events … Truth or Fiction… You Decide

March 2017: In last round of bargaining Unifor Local 594 agreed to new hires being placed in a defined contribution pension plan and, in exchange received a promise that:  “Every single employee who currently is in the defined benefits plan will remain in that plan from now until when they retire.”

January 31, 2019: Collective bargaining agreement expires and collective bargaining begins.  CCRL tables proposals changing the funding of, and contributions to the existing defined benefit pension plan and other regressive proposals

October 2019: CCRL moves in trailers for onsite work camp in anticipation of housing hundreds of replacement workers.

November 12, 2019: Mandatory mediation not successful

December 3, 2019: Unifor Local 594 votes 97.3% in favour of striking if necessary and gives 48 hour strike notice.

December 5, 2019: CCRL serves lock-out notice before expiry of the 48 hour strike notice period 

CCRL continues full operations utilizing replacement workers and by flying in managers, replacement worker and supplies by helicopter

December 17, 2019: CCRL files application for interim injunction in Court of Queen’s Bench

December 18, 2019: Interim injunction order granted limiting delay on ingress or egress to refinery to 5 minutes

December 24, 2019: Interim injunction decision issued (order issued December 27, 2019) finding that:

  • Individuals aligned with CCRL and Unifor have attempted to intimidate those on the other side
  • Unifor has engaged in activity to impede and/or block the traffic flow in and out of CCRL premises (para 33)

And ordering that:

  • Unifor Local 594 is retrained from interfering with ingress or egress except for the purpose of sharing information to a maximum of 10 minutes or until a request to proceed is made, whichever is first

January 20, 2020: Unifor National blockades all entrances/exits and denies access or egress

Regina Police Service arrest 7 individuals including Unifor National President Jerry Diaz

January 22, 2020: Unifor Local 594 found in contempt of the December 18, 2019 interim order and issued a $100,000 fine

January 30, 2020: CCRL and Unifor Local 594 return to the bargaining table

February 1, 2020: Bargaining talks break off 

February 3, 2020: Regina Police Service issue statement regarding blockade indicating it is a civil matter between the employer and the union

February 5, 2020: Regina Police Service arrest 4 Unifor Local 594 picketers 

February 7, 2020: Regina Police Service blocks access to picket line, takes down blockade, escorts Co-op trucks into refinery and removes Unifor warm up sheds and bathrooms

February 12, 2020: Unifor Local 594 found in contempt of the December 27, 2019 injunction and issued a $250,000 fine.  Court of Queen’s Bench authorizes CCRL to remove the barricades grants authority to utilize Regina Police Service to enforce order, if required. 

February 12, 2020: Government of Saskatchewan appoints Vince Ready, Q.C. as Special Mediator in the dispute

March 19, 2020: Vince Ready, Q.C. issues recommendations

March 20, 2020: Unifor Local 594 accepts the recommendations of Special Mediator Vince Ready by 98%

March 22, 2020: CCRL rejects recommendations of Special Mediator Vince Ready and indicates it will table a new offer.

Saskatchewan’s Labour Laws Allow Co-op Refinery to Reject Mediators’ Recommendations, Prolong Lockout

March 25, 2020: CCRL tables a revised offer that contains new concessions

March 30, 2020: CCRL tables a final offer and applies for a Saskatchewan Labour Relations Board supervised vote.

April 28, 2020: Unifor Local 594 members reject CCRL’s final offer by 89%.

Sometimes reality is stranger than fiction

Unifor Local 594 sets up picket lines at rural Co-op bulk fuel plants and is met by the RCMP and are threatened with arrest.

Unifor Local 594 discovers through a freedom of information request that a bomb threat had been received on February 18, 2020 and reported to Regina Police Service – but no notice was given to Unifor Local 594. The bomb threat included notice that:

  • “only a cell phone away from Ignition Time”
  • “have them set in place at some of the gates”
  • “If we see not progress this week, it will be time to act”
  • Going to “get rid of the Unifor Assholes”

Unifor Local 594 members and their families continue to be followed and videotaped by CCRL representatives  – known to be associated with Afimac. Reports made by Unifor Local 594 members to Regina Police Service regarding harassment and intimidation by Afimac/CCRL representatives but no action taken.

At least one Unifor Local 594 member opened their door only to find a dead rabbit laid out on their front step.  

Online death threats made against Unifor Local 594 members.  

June 18, 2020: Tentative deal reached between CCRL and Unifor Local 594 and going to membership for ratification.

Ronni A. Nordal, Q.C. , “Stranger Than Fiction: Unifor Local 594 and Consumer’s Co-op Refineries Limited” Canadian Law of Work Forum (June 22 2020): https://lawofwork.ca/?p=12746


[1]Potash Corp. of Saskatchewan v. Todd, 1987 CanLII 4918 (SK CA)

[2 C.U.P.E. v. N.B. Liquor Corporation, 1979 CanLII 23 (SCC)

[3] RWDSU, Local 558 v. Pepsi-Cola Canada,[2002] 1 S.C.R. 156 (SCC)

0 comment
0
FacebookTwitterLinkedinEmail
Ronni Nordal

Leave a Comment Cancel Reply

You must be logged in to post a comment.

previous post
Video: ILERA Panel on the Future of Labor Law in Canada & the U.S.
next post
COVID-19 may undermine gender equality progress in the workplace and beyond: Some proposals

You may also like

Why It’s So Hard to Unionize Starbucks in...

June 15, 2022

Trevor Bauer Suspension: Professional Sport as a Lens...

May 3, 2022

How Canadian Unions Responded to Vaccine Mandates, Protests,...

March 17, 2022

Will There Be a Strike at York?

March 11, 2022

Is UFCW’s Mysterious “Agreement” With Uber Lawful?

January 27, 2022

Bill 32 Regulations Continue Attack on Unions in...

January 5, 2022

Why So Quiet About Unions and Collective Bargaining?

December 16, 2021

Why Canadian Employers Do Not ‘Permanently” Replace Strikers

December 8, 2021

COVID Vaccination Policies in the Workplace: How It’s...

November 23, 2021

Teamsters Apply to Represent Amazon Employees in Alberta....

September 14, 2021

Subscribe via Email

Enter your email address to subscribe and receive notifications of new posts by email.

Join 334 other subscribers

Follow Us On Social Media

Twitter

Latest Tweets

David J. Doorey🇨🇦Follow

Law Prof. Talking #labor & #employment #law to the masses. Alpaca ❤️ @YorkUniversity @OsgoodeNews @LSELaw @LWPHarvard @Jacobin @OnLaborBlog https://t.co/5V9r8VPHsh

David J. Doorey🇨🇦
TheLawofWorkDavid J. Doorey🇨🇦@TheLawofWork·
4h

“What novel are you reading right now?”

How about none of your damn business and what does that have to do with being a law professor?

Michelle Strowhiro@strowhiro

What is the *worst* question you’ve ever been asked in a job interview? This employment lawyer wants to know.

My top two (both were from law school during OCI):

▪️“If you were a tree, what kind of tree would you be?”

▪️“What year did you graduate high school?”

Reply on Twitter 1539816103886688258Retweet on Twitter 1539816103886688258Like on Twitter 15398161038866882584Twitter 1539816103886688258
TheLawofWorkDavid J. Doorey🇨🇦@TheLawofWork·
9h

A wife AND a childcare worker in my case of a PHD and 2 kids, etc, since the wife has a high stress job.

dr caitlin green (offense archaologist)@caitlinmoriah

the secret is a wife. it’s always a wife. https://twitter.com/peaktobi/status/1539234970157432832

Reply on Twitter 1539741811035590657Retweet on Twitter 1539741811035590657Like on Twitter 1539741811035590657Twitter 1539741811035590657
TheLawofWorkDavid J. Doorey🇨🇦@TheLawofWork·
9h

When I was a junior lawyer in British Columbia in 1990s, I did cases in BC, other western provinces.

Opposing counsel would often introduce me to arbitrator, “Have you met Mr Doorey, he’s from Toronto”

At first I thought ‘very polite’. Soon realized I was being “othered”!

Reply on Twitter 1539735535283052545Retweet on Twitter 15397355352830525451Like on Twitter 153973553528305254512Twitter 1539735535283052545
Load More...

Categories

  • Alberta
  • Artificial Intelligence
  • Australia
  • British Columbia
  • Charter of Rights and Freedoms
  • Childcare
  • Class Action
  • Climate and Just Transition
  • Collective Bargaining
  • Common Law of Employment
  • Comparative Work Law
  • competition law
  • construction
  • COVID-19
  • Diversity
  • Employee Classification
  • Employment Insurance
  • Employment Regulation
  • Europe
  • Financial Industry
  • Fissured Work
  • Freedom of Association
  • frustration of contract
  • Gig Work
  • Health and Safety
  • Health Care
  • Human Rights
  • Immigration
  • Interest Arbitration
  • International Law
  • Labour Arbitration
  • Labour Economics
  • Law of Work Archive
  • Legal Profession
  • Manitoba
  • Migrant Workers
  • Minimum Wage
  • Nova Scotia
  • OLRB
  • Ontario
  • Pension Bankruptcy
  • Privacy
  • Public Sector
  • Quebec
  • Real Life Pleadings
  • Saskatchewan
  • Scholarship
  • Sports Labour
  • Strikes and Lockouts
  • Student Post
  • Supreme Court of Canada
  • technology
  • Transnational Law
  • Uncategorized
  • Unions and Collective Bargaining
  • United States
  • Videos
  • Women and Work
  • Wrongful Dismissal
  • Home
  • About
  • Guest Contributors
Menu
  • Home
  • About
  • Guest Contributors
  • Legal Scholarship
  • Useful Links
  • Archive
Menu
  • Legal Scholarship
  • Useful Links
  • Archive

2020. Canadian Law of Work Forum. All Rights Reserved.