Labour code squabbles
BHP says workers violated labour code

Doug Ashbury
Northern News Services

Yellowknife (Dec 08/99) - BHP Diamonds has fired the latest shot in the union arena.

The company, which owns 51 per cent of the Ekati diamond mine at Lac de Gras, claims two pro-union workers, as well as the United Steelworkers of America, contravened the Canada Labour Code.

BHP claims the two workers, who have Alberta mailing addresses, discussed union matters while on the job and that intimidation was used to get other workers to join the union.

BHP is asking the Canada Industrial Relations Board to find the union, and the two workers, to be in violation of the Canada Labour Code.

BHP claims the two workers have contravened Section 95(d) and Section 96 of the Canada Labour Code by attempting, at BHP's place of employment during working hours of employees, to persuade employees to become members of the union, and by intimidating or coercing employees of BHP to become members of the union, according to legal documents filed with the board on behalf of BHP by law firm Ogilvy Renault.

BHP spokesperson Graham Nicholls said Monday that the company filing "is a result of a formal complaint brought forward" in which a BHP worker alleges he was intimidated. BHP made the filing Nov. 29.

"United Steelworkers of America will review the charge," Steelworkers organizer Gilles Deslauriers said.

This latest round of union-related allegations comes soon after the Steelworkers filed an unfair labour practices complaint against BHP on Nov. 22.

The union filed the complaint after BHP security staff questioned a worker Nov. 2 about his alleged discussing of union activities. Two weeks ago, Deslauriers said he thought Ekati security was tasked with protecting diamonds, not questioning workers about unionization.

Nicholls said security was used in connection with the Nov. 2 interview because the alleged incident involved a possible threat.

"We've responded to the union's allegations of unfair labour practices and provided (the board with) information that their complaint has no merit and should be dismissed," Nicholls said.

Earlier this year, the Steelworkers launched an aggressive campaign to unionize Ekati.

If the union is successful, the contract bargaining process will commence.

In all, the union has made three filings with the board. In a Nov. 11 filing, the union made application for Ekati access. In a July 8 filing, the Steelworkers allege an individual was discriminated against based on his union position.