Yellowknife (Dec 22/04) - A decision to award more than $10 million to the families of nine miners killed during a violent labour dispute at Giant Mine in 1992 could be precedent setting, according to one Yellowknife labour lawyer.

"It goes a fair bit further than any decision has before," said Glenn Tait, who has practised civil litigation for 18 years.

In a 421-page ruling made public last week, Supreme Court Justice Arthur Lutz said several parties - including the territorial government, a security firm, the company that owned Giant in 1992 and a national union - are liable for the deaths of the miners, killed when their rail car triggered a home-made bomb 750 feet below the surface.

In his decision, Lutz said the man who planted the fatal explosive, Roger Warren, was only partially responsible for the deaths.

He laid almost equal blame at the feet of Royal Oak and the Canadian Auto Workers Union.

Vicious union rhetoric and a decision by Royal Oak to use replacement workers stoked the flames and ultimately contributed to the deaths, Lutz said.

"Some of the defendants' acts and omissions provide ample grounds for finding them at fault," he wrote.

The decision could have wide-ranging implications for both unions and companies involved in labour disputes, Tait said Monday from Edmonton.

Both parties could be held civilly liable for injuries or deaths that result from failed labour negotiations.

It could make companies think twice before using replacement workers and discourage unions from prolonging strikes and encouraging illegal activities, Tait said.

"This opens a new chapter in employee relations," he said. "This is the first decision where a union and an employer were found liable for failing to bargain."

Union head Buzz Hargrove called the ruling "terrible" and vowed to appeal.

The territorial government, held nine per cent responsible, has also announced it is considering its options.

Lutz also ruled three union members were personally liable for their actions. Parties have 30 days to file an appeal.

If the case withstands appeal, Tait said it could impact labour relations across Canada.