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Feds urge both sides to 91Ƶdo the work91Ƶ 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 Saturday91Ƶs 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 91Ƶmust understand the urgency of the situation.91Ƶ

The statement also urged both sides to 91Ƶdo the work necessary to reach an agreement.91Ƶ

91ƵCanadians are counting on them,91Ƶ the statement from MacKinnon91Ƶs office said.

The lockout at B.C. container terminals including those in Vancouver 91Ƶ Canada91Ƶs largest port 91Ƶ 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 91Ƶfinal offer91Ƶ 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 91Ƶconcerning lack of urgency91Ƶ to resolve the dispute.

But the union said the talks lasted 91Ƶless than one hour91Ƶ Saturday without resolution, accusing the employers of cutting them off.

The employers denied ending the talks, saying the mediator concluded the discussions after 91Ƶthere was no progress made91Ƶ in talks conducted separately with the association and the union.

91ƵThe BCMEA went into the meeting with open minds and seeking to achieve a negotiated settlement at the bargaining table,91Ƶ a statement from the employers said.

91ƵIn a sincere effort to bring these drawn-out negotiations to a close, the BCMEA provided a competitive offer to ILWU Local 514 91Ƶ the offer did not require any concessions from the union and, if accepted, would have ended this dispute.91Ƶ

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 World91Ƶs Centerm in Vancouver.

After talks broke off, the union accused the employers of 91Ƶshowing flagrant disregard for the seriousness of their lockout.91Ƶ

Local 514 president Frank Morena said in a statement on Saturday that the union is 91Ƶcalling on the actual individual employers who run the terminals to order their bargaining agent 91Ƶ the BCMEA 91Ƶ to get back to the table.91Ƶ

91ƵWe 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,91Ƶ 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 91Ƶmake recommendations for settlement of the dispute or the difference.91Ƶ

In addition, Section 107 of the Code gives the minister additional powers to take action that 91Ƶseem likely to maintain or secure industrial peace and to promote conditions favourable to the settlement of industrial disputes,91Ƶ and could direct the Canada Industrial Relations Board 91Ƶto do such things as the Minister deems necessary.91Ƶ

Liam McHugh-Russell, assistant professor at Schulich School of Law at Dalhousie University, said Section 107 91Ƶis very vague about what it allows a minister to do.91Ƶ

91ƵAll 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,91Ƶ he said.

91ƵMaybe the minister will try to do that. It remains to be seen.91Ƶ

The other option if mediated talks fail 91Ƶ beyond the parties reaching a solution on their own 91Ƶ 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, Canada91Ƶs second-largest port.

The employers there locked out almost 1,200 workers on Sunday night after a 91Ƶfinal91Ƶ offer was not accepted, greatly reducing operations.





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