Yellowknife (Jun 23/06) - The union and BHP Billiton were in the same room Wednesday but it wasn't to negotiate. It was to attend a Canadian Industrial Relations Board hearing in Edmonton.

Prompted by a Public Service Alliance of Canada complaint that the mineral company had acted illegally during the latest round of contract negotiations, it was the third complaint to be heard by the board over issues involving either the union, mine or both since the strike began April 7.

Challenges PSAC was successful in its bid to have a new pension plan, introduced by BHP in 2005 without employee consent, rolled back. Next, the union defended against a decertification application made by members of 3050, which the CIRB also ruled in favour of the union. However, PSAC and the Union of Northern Workers have not been as successful in court as a recent ruling filed by BHP Billiton resulted in a restriction of the number of picketers to 12 at Braden Burry Expediting in Yellowknife.

Negotiations have been at a standstill since BHP Billiton made its final offer to the union May 31 and hopes from the union this most recent CIRB hearing could open the door for further talks were not fulfilled.

In a CBC story, Union of Northern Workers president Todd Parsons made an overture to BHP, suggesting that bargaining teams could meet before the formal June 21 CIRB hearings. However, a BHP spokesperson told Yellowknifer that it had no comment with respect to the story or comments made by Parsons.

As PSAC's complaint revolves around key issues that separate the two sides in the strike, the CIRB decision could weigh heavily on the outcome of the dispute.

According to PSAC, the company went back on portions of two previous contract clauses it contends the mine signed off on in August of last year. These were mandatory union membership for all Ekati employees in the bargaining unit, which BHP wanted changed to give its employees the option. Under either scenario, all employees would pay union dues.

The other was a clause giving the Union of Northern Workers the right to penalize membership who contravened its constitution. BHP removed that clause from its final offer. The reason for that, according to BHP, was to protect employees who chose to cross the picket line during the strike from being fined by the UNW.

Finally, BHP wanted the union to take the May 31 offer to its membership for a vote, by mail. The union called this internal meddling in its affairs by the company.