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Town proposes, union opposes
Idea of binding arbitration fails to end municipal workers strike in Fort Smith

Paul Bickford
Northern News Services
Published Monday, July 30, 2012

THEBACHA/FORTH SMITH
The Town of Fort Smith played a big card last week in an effort to end a strike by its municipal workers.

NNSL photo/graphic

Mayor Janie Hobart stacks bags of garbage at a temporary collection site at the community arena on July 24 during a municipal workers strike. The garbage was taken to the landfill the next day. - Paul Bickford/NNSL photo

Following a July 25 council meeting, the town proposed binding arbitration to end the walkout by about 50 municipal workers that began on July 18.

However, the idea was quickly rebuffed by the Union of Northern Workers (UNW).

"We've come to a bit of an impasse, I would suggest, and we feel this way it gives the opportunity for both sides' arguments to be heard and for a mutually agreed upon arbitrator to look at both sides," said Mayor Janie Hobart. "It takes the emotion out of the situation and then both sides have to live with what the decision is."

She said the last offer to the union before the strike still stands, including a 2.5-per-cent pay raise in each of two years and a letter of understanding to deal with the major issue of contracting out.

Todd Parsons, president of the UNW, said the union immediately convened a meeting of the bargaining team and the idea of a third-party arbitrator was rejected.

"What was very obvious was that the team felt that the membership for this bargaining unit is quite insistent on continuing to have a say on the outcome that we hope to negotiate with this employer with regards to the no contracting out language in the collective agreement and they are not prepared to have somebody from outside come in and make those decisions on their behalf," Parsons said.

At a special council meeting on Friday, the town decided to invite the union to a face-to-face meeting of negotiating teams.

"The union has accepted and the meeting is scheduled for Tuesday," said Hobart.

The mayor said she is hoping the meeting will be successful.

No new offer has been made, she noted. "But we would like to sit down with them and, through discussion, see where we can go from here."

There was also one other significant development in the strike last week.

On July 25, the Canada Industrial Relations Board (CIRB) ruled the Town of Fort Smith has the right to open its landfill site.

The UNW had gone to the board to argue the landfill should remain closed under the terms of an essential services agreement it signed with the town prior to the strike.

"We have stressed right from the beginning that having the landfill site open is essential for the health and safety of the community," Hobart said, who noted one goal is to keep bears out of town.

Following the ruling, the town opened the landfill on Friday from 1:30 to 4 p.m. for residents to take their garbage.

The facility will be manned by the town's acting senior administrative officer, Hobart noted on Thursday.

"So we're not contracting anything out and he will be there to ensure that refuse is placed in the proper areas and to ensure that nothing is taken to the landfill that is not supposed to be going out there."

While the landfill will be open, the union plans to maintain a picket line at the entrance.

"We're going to ask contractors and the residents of the town of Fort Smith to continue to not cross the picket lines that we have up at many locations throughout the town of Fort Smith," Parsons said.

On Saturday, Hobart said the Friday opening of the landfill went well.

"The people on the union line were very respectful," she said. "There were short delays at the gate, but it was overall quite successful. The people that went were able to dispose of their garbage."

Hobart said she understands about 20 to 25 vehicles showed up with garbage.

Hobart said the town plans to open the landfill from 1:30 to 4 p.m. on Tuesdays and Fridays, which are normal garbage collection days.

Regarding residents who may not wish to cross a picket line with their garbage, she said other arrangements may be made, possibly a drop-off site like one set up on July 24 at the community arena.

Hobart said the collected garbage - two truckloads - was brought to the landfill on the night of July 25 by the acting SAO and the arena has been cleaned.

One side issue last week was a decision by two town councillors - who happen to be UNW members but not town employees - to cross the picket line to attend the July 25 council meeting at town hall.

"I'm very disappointed especially because the union offered other possibilities and solutions to the matter," said Parsons, who noted the union suggested using an alternate location and was even willing to pay the expenses so the meeting could be held in another community, such as Hay River.

"What was obvious is really the mayor seemed insistent on controlling the situation and insisting that meeting had to be conducted at town hall in an effort to agitate the striking members that were outside," he said.

Parsons said it is too early to say if there may be consequences for the councillors/UNW members, noting any union member can raise a complaint against another union member.

As of July 26, there had been no complaints concerning the council meeting.

Hobart argued the councillors are legally obligated under the Cities, Towns and Villages Act to attend a council meeting in person if they are in the community.

Two other councillors, who also happen to be UNW members, were travelling on previously planned holidays and unavailable to participate in the meeting by teleconference.

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