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Pension issue resolved

Jason Unrau
Northern News Services

Yellowknife (May 19/06) - BHP Billiton will roll back the pension plan for the company's unionized employees at Ekati diamond mine, the company announced Thursday.

This decision follows a May 3 Canadian Industrial Relations Board ruling that upheld the union's complaint BHP violated union members' rights under their collective agreement when the company changed members pension plans.

"We've had an understanding on the pension issue and as a result of discussions we had, Ekati is going back to the plan before they changed it," said regional executive vice-president for the Public Service Alliance of Canada Jean Francois Des Lauriers.

In July 2004, BHP Billiton changed its employees' pension plan from a Defined Benefits to a Defined Contribution format, which precipitated the grievance filed to the CIRB by the union.

Des Lauriers said there was no discussion during a meeting on the pension plan about the current strike impasse between union representatives and BHP Billiton.

"We need to see some meaningful movement on their part," he said. "There's no use in going back to rehash what the members have rejected."

Prior to these meetings, both sides had expressed hope that the pension talks would lead to reaching a new collective agreement.

According to the Public Service Alliance of Canada, more than 500 people turned up at a Toronto rally last week in support of the striking mine workers in the Territories and $60,000 was raised for strikers.

As workers who have crossed the picket lines allege that the union is planning to fine them for their decision, PSAC is remaining tight-lipped.

"We are not discussing that for public consumption, it's an internal matter," said Des Lauriers.

Meanwhile, John Mortimer, president of the Canadian Labour Watch, alleges in a letter that PSAC has misled and threatened its Ekati membership with the fines, and insists that the union has no legal authority to do so.

"In fact, Canadian Labour Watch is unaware of any Canadian court upholding a union fine for working during a strike where a union member has appeared in court with a lawyer to argue the law," writes Mortimer.

Mortimer also cites an internal PSAC memo dated Sept. 17, 2004 in which, "Then-national president Nycole Turmel informed the union's national board that she was in possession of a legal opinion that 'clearly and without ambiguity' concludes the union has no legal ability to enforce the collection of fines from its members in higher courts."

Member associations of Mortimer's organization includes the Retail Council of Canada, the Business Council of B.C., and the Canadian Federation of Independent Business, among others.

In a May 11 letter addressed to PSAC, UNW and Ekati Mine brass, Kam Lake MLA David Ramsay urges both sides to resolve the strike, now in its 48th day.

"This is a serious situation that is affecting our community in a multitude of ways," writes Ramsay.

"It is causing animosity amongst co-workers and neighbours. It is affecting families and their ability to keep up with household expenses."

Newly elected president of the Public Service Alliance of Canada, John Gordon is expected in Yellowknife today (May 19). Following a visit to the Yellowknife picket line, Gordon will hold a press conference in the UNW boardroom.