Yellowknife (Jun 09/06) - An NWT Supreme Court justice has imposed limits on Ekati union picket lines.

BHP Billiton Diamonds Inc. went to court to seek an injunction on the actions of picketers who belong to the Public Service Alliance of Canada (PSAC) and the Union of Northern Workers (UNW).

As a result, striking workers from local X3050 and members from PSAC and UNW can no longer block vehicles or have more than 12 people picketing at Braden Burry Expediting in Yellowknife at any given time.

Judge Ted Richard ruled there was sufficient evidence that picketers blocked entry to many vehicles on a number of occasions since the strike began April 7 and that picketers had harassed Ekati workers and security guards.

"A series of unlawful acts has been proven," said Richard, who was critical of comments made by a union official on a Rae-Edzo picket line April 19, 21 and 26.

"It has been proven to the court that (Winnipeg PSAC representative Don) Dudar stated directly to ... a black person and an employee of the security company hired by BHP, a pointedly racist remark."

In the judgment, Dudar was reported to have told the security guard, "you look like you could peel a couple (bananas) with your feet."

Richard called the comment "offensive and is unbecoming of any member of the trade union movement."

UNW president Todd Parsons said the comments were taken out of context and that the union would never condone racial or prejudicial comments.

"The comments were never intended to be racist comments," said Parsons.

"Dudar was openly criticizing security forces continually surveying picketers."

David Wotherspoon, BHP's Vancouver-based lawyer, said the comments were presented with the proper context to the court.

"(Dudar) came over and made the comments," said Wotherspoon. He said the comments couldn't be taken any other way.

Wotherspoon said BHP is pleased that almost all its requests were granted by the court.

Further injunctions will depend on the actions of the picketers and union workers, he said.

Parsons said PSAC and UNW are planning to appeal the injunction, and could file a law suit against the security company BHP hired at the picket lines in Rae-Edzo.

"We're working with our legal counsel to see what recourse we may have," said Parsons.

Other court orders include refraining from interfering with businesses associated with Ekati and BHP.