Paul Bickford
Northern News Services

Hay River Reserve (Apr 29/02) - An NWT aboriginal band is asking the court to rule the national labour code does not apply on its reserve.

The K'atlodehche First Nation on the Hay River Reserve has launched a court challenge to the authority of the Canada Industrial Relations Board.

The KFN is seeking an injunction from the NWT Supreme Court declaring the Canada Labour Code, under which the CIRB operates, does not apply to the First Nation or its employees.

In a statement of claim filed March 28 against the federal government and the board, KFN lawyers argue the Canada Labour Code is unconstitutional regarding the band because it "infringes upon their indigenous and treaty rights to self-government" as recognized by Section 35 of the Canadian Constitution.

PSAC signs up band workers

The application follows an organizing drive among band workers by the Public Service Alliance of Canada.

PSAC has signed up a majority of the approximately 50 employees of the band and had applied to the labor relations board for certification.

"The timing is very suspect," says Jean-Francois Des Lauriers, the union's regional executive vice-president in Yellowknife, of the court challenge. "It would be my best educated guess it was as a result of our organizing efforts there."

The court action also came after the union filed an unfair labour practice complaint ag-ainst the KFN for firing one of the lead organizers of the union drive, Des Lauriers says.

"It has a chilling effect on the workers," he says of the firing. "It's highly intimidating."

The complaint is now on hold because of the court challenge.

Des Lauriers is puzzled by the First Nation's opposition to the union.

He notes the Union of Northern Workers, which is a part of PSAC, already represents workers at Evergreen Forestry and the Nats'ejee K'eh Alcohol and Drug Treatment Centre on the Hay River Reserve "We already have a working relationship with the First Nation government," he explains. "So I fail to see what the problem is."

Des Lauriers also notes the labour movement and PSAC, in particular, have been strong allies of First Nations across Canada, and support the right to self-government and priority employment for aboriginal people.

"We believe in the right of First Nations' workers to collectively negotiate the terms and conditions of employment, just like any other workers," he says, noting PSAC has the largest number of aboriginal members of any union in the country.

Des Lauriers says the issues that led the workers to seek union representation include pay, harassment and health and safety. "They want their dignity."

KFN Chief Pat Martel declined a request for an interview.