Union plans Charter challenge after feds intervene in B.C. port lockout

The union representing more than 700 locked out supervisors at British Columbia ports said it will go to court to fight for its right to negotiate through collective bargaining.

The International Longshore and Warehouse Union Ship & Dock Foremen Local 514 released a statement on Tuesday afternoon following an announcement by Labour Minister Steven Mackinnon that he plans to end the labour impasse by ordering binding arbitration.

"We are at a total impasse and the way forward is not clear,” Mackinnon said at an Ottawa news conference. “The duration of the disputes is not clear."

The BC Maritime Employers Association locked the dock supervisors out after the union gave 72-hour strike notice.

Union leaders have said they had planned to begin job action by refusing overtime, before the employer took the more drastic step of completely shutting down operations at all B.C. ports.

Frank Morena, president of ILWU Local 514, alleges the BCMEA locked workers out in a bid to force the federal government to intervene.

“Christmas came early for port employers and instead of getting a lump of coal for their bad behaviour – refusing to bargain, a full-scale lockout and then shutting down mediation this weekend – Labour Minister MacKinnon gave them a huge Christmas present of a back to work order and forced arbitration," Morena said in a statement.

"It is a huge insult to our union, to organized labour and to Charter-guaranteed collective bargaining rights.”

He went on to say the union will launch a Charter challenge in court to protect its members right to reach an agreement through collective bargaining.

One labour and employment lawyer who spoke to CTV News said if the BCMEA did lock workers out in order to force arbitration, the move might not work out as planned.

“Be careful what you wish for,” said Sundeep Gohkale.

He said there is a possibility a federally appointed arbitrator could award workers the concessions they are seeking when it comes to protecting jobs from automation.

"I don't think you can look at it in totality right now,” Gohkale said. “You've got to wait until the arbitration decision comes out to fully grasp whether the strategy ultimately worked or whether it backfired."

It will be up to the Canada Industrial Relations Board to follow through on the labour minister’s order.

Given the impending court challenge, it’s not clear when shipments through BC ports might actually resume.

In the meantime, the labour dispute continues to disrupt more than $800 million dollars per day in trade.

"It couldn't happen at a worse time. We are at the beginning of a very busy holiday season,” said Bridgitte Anderson, President and CEO of the Vancouver Board of Trade.

“A lot of small and medium businesses are relying on those shipments to come through the port to fill their shelves.”

A calculator on the VBOT website estimates the economic impact of the lockout so far at close to $6.5 billion – and counting.