Federal Labor Minister Marcel Danis was recently advised by two of Canada’s top labor experts that neither Royal Oak Mines (TSE) nor the union representing striking workers at the Giant mine has made the efforts necessary to reach a negotiated collective bargaining agreement.
A strike-lockout began May 23 at the mine near Yellowknife, N.W.T. Royal Oak continued operations using replacement workers and miners who crossed the picket line, despite numerous outbreaks of violence.
Mediators Donald Munroe and Vincent Ready were appointed Sept. 30, two weeks after an explosion in the mine killed nine miners. The incident is still being investigated by police authorities as a culpable homicide, and rewards totalling $250,000 have been offered for information that may lead to a conviction.
“Having been at close quarters with the issues over the past several weeks, we can say without equivocation that this is the most difficult labor dispute that either of us has witnessed,” Munroe and Ready informed the labor minister.
The report made a number of recommendations, but the mediators stated they would resign if both parties give a response that is “not productive.” Danis also urged both parties to resolve the dispute, although he conceded that as a matter of law, it is “essentially private in nature.”
The mediators said the dispute was complicated by the fact that a tentative agreement was reached, only to be rejected by union membership who elected not to grant the accommodations which Royal Oak felt were essential to the ongoing economic viability of the mine. The use of replacement workers also complicated matters, as did Royal Oak’s dismissal of 45 striking workers as a result of alleged serious misconduct. The union demanded a general amnesty, while Royal Oak is reported to have taken the opposite position. The mediators described the dismissals as “perhaps the biggest obstacle to meaningful collective bargaining,” and recommended the voluntary establishment (by both parties) of a process of expedited investigation and arbitration.
Royal Oak won’t comment until it has studied the report carefully and made an official response to Danis. The executive board of the Canadian Association of Smelter and Allied Workers (CASAW) Local 4 said its initial response is “generally favorable.” The union leaders intend to review the recommendations of the report, and make a detailed response once discussions with its members are concluded.
CASAW spokesman John Lang told The Northern Miner that even if the dispute is resolved, the union will want to have in place some form of ongoing mediation process to improve relations between striking workers and those who have crossed the picket line.
“There are a lot of difficulties that will have to be ironed out,” Lang said. “It is unrealistic to expect the parties themselves could achieve that.” In the meantime, however, a local movement is growing in Yellowknife to displace the union. The Canada Labor Code prohibits such changes during the first six months of a strike, but this deadline has now expired.
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