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BHP said against all union drives

Dave Sullivan
Northern News Services

Yellowknife (Aug 29/01) - BHP Billiton is opposed to having a union shop at its Ekati mine site, including the controversial BHP Employees' Association, a company lawyer told the federal labour board at a hearing in Yellowknife Tuesday.



Union activist Gerry Balmer at a labour board hearing August 28. - Sullivan/NNSL photo



"BHP didn't want any union to represent any of its employees, and that's perfectly legal," company lawyer Kim Thorne told the unfair labour practice hearing before a three-member panel.

BHP even wants boiler operator Gerry Balmer to win his complaint against the company and the association, because that could scuttle association attempts to represent workers, Thorne told a Canadian Industrial Relations Board tribunal.

The quasi-judicial hearing is taking place because in May Balmer complained to the board. He accused the association and BHP of being cozy with each other and that the company secretly supports and influences its leadership.

Under fire from association lawyer Paul Smith on the first of three scheduled hearing days, Balmer offered little proof to support his claims, testifying only that BHP reluctantly agreed to the collection of $20 monthly association dues through payroll deductions.

The hearing's outcome could affect whether the 217-member employee's association becomes certified to represent mine workers. If the association's bid fails, it would leave workers without representation while opening doors to membership drives by competing unions, like the Public Service Alliance of Canada (PSAC).

The hearing is revealing tactics used by the company and unions to outflank each other for the prize -- the hearts and minds of Ekati workers who live at the mine, 300 kilometres northeast of Yellowknife.

Thorne said BHP liked the association's attempt to "cast a wide net" by trying to unionize everyone from operating engineers to security guards, because the company knew that would fail, Thorne testified.

The association later tried to exclude some types of workers in its bid to succeed.

Tribunal chair Julie Durette directed Chris Buchanan, Balmer's lawyer, to reveal whether PSAC is paying his fees, ruling the information is relevant. Buchanan said PSAC was paying his legal fees.

Smith said his legal fees are being paid only by association members.

In 1999, the United Steelworkers of America (USW) became the first union to attempt to organize Ekati workers. Balmer told the hearing he was a member of USW and the association at the same time "to learn more about each."

Balmer, who since decided to back PSAC, said he withdrew his support for USW in May 2000 because of a "personality conflict" with union reps. Outside the hearing USW organizer Gilles Deslauriers said the union tried to accommodate Balmer, but said he was too demanding.