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Feds urge both sides to 㽶Ƶֱdo the work㽶Ƶֱ 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 Saturday㽶Ƶֱs 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 㽶Ƶֱmust understand the urgency of the situation.㽶Ƶֱ

The statement also urged both sides to 㽶Ƶֱdo the work necessary to reach an agreement.㽶Ƶֱ

㽶ƵֱCanadians are counting on them,㽶Ƶֱ the statement from MacKinnon㽶Ƶֱs office said.

The lockout at B.C. container terminals including those in Vancouver 㽶Ƶֱ Canada㽶Ƶֱs largest port 㽶Ƶֱ 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 㽶Ƶֱfinal offer㽶Ƶֱ 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 㽶Ƶֱconcerning lack of urgency㽶Ƶֱ to resolve the dispute.

But the union said the talks lasted 㽶Ƶֱless than one hour㽶Ƶֱ Saturday without resolution, accusing the employers of cutting them off.

The employers denied ending the talks, saying the mediator concluded the discussions after 㽶Ƶֱthere was no progress made㽶Ƶֱ in talks conducted separately with the association and the union.

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

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

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 World㽶Ƶֱs Centerm in Vancouver.

After talks broke off, the union accused the employers of 㽶Ƶֱshowing flagrant disregard for the seriousness of their lockout.㽶Ƶֱ

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

㽶ƵֱWe 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,㽶Ƶֱ 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 㽶Ƶֱmake recommendations for settlement of the dispute or the difference.㽶Ƶֱ

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

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

㽶ƵֱAll 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,㽶Ƶֱ he said.

㽶ƵֱMaybe the minister will try to do that. It remains to be seen.㽶Ƶֱ

The other option if mediated talks fail 㽶Ƶֱ beyond the parties reaching a solution on their own 㽶Ƶֱ 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, Canada㽶Ƶֱs second-largest port.

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





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