Hay River Reserve (Apr 14/03) - Optimism that a legal fight over unionizing employees of the K'atlodeeche First Nation office was resolved has given way to union denials that a deal is done.

KFN chief Roy Fabian told News/North recently that it has reached an understanding with the Public Service Alliance of Canada (PSAC).

PSAC leaders originally denied to comment on the situation, but issued a statement last week that said nothing will be solved until Sandra Edjericon, a KFN employee fired for union activity, is compensated.

"Justice for Sandra must be achieved first," says Jean-Francois Des Lauriers, PSAC's regional executive vice-president for the North.

Over a year ago, the union organized band employees and applied to the Canada Industrial Relations Board (CIRB) for certification.

The KFN then took the federal government to court, challenging the authority of the CIRB on the Hay River Reserve. The KFN argued the Canada Labour Code, under which the CIRB operates, does not apply to the band or its employees since it infringes on the right to self-government.

In News/North April 7, Fabian said the court challenge would be put on hold and a labour code negotiated in the Deh Cho Process. Fabian also said PSAC had agreed not to unionize band employees until the labour code is negotiated, and that a settlement for Edjericon would be negotiated.

Des Lauriers describes Fabian's comments as more wishful thinking than reality. "I certainly could not agree with his comments."

KFN's lawyers and the PSAC are attempting to negotiate a settlement of the unfair labour practice complaint involving Edjericon, Des Lauriers says.

"Until such a settlement is reached, PSAC is not prepared to put its application for certification into abeyance under any circumstances, and PSAC has most certainly not agreed the employees will not become unionized."