Unifor, Co-op refinery await decision after arguments on picketing injunction

A dozen spectators filled the courtroom Monday afternoon as lawyers argued for four hours over picketing at the Co-op refinery.

Federated Co-operatives Limited (FCL) filed for an injunction last week which, if granted, would stop picketers from blocking people and vehicles from getting through the gates at the refinery and at its warehouses.

On Monday arguments were heard.

The lawyer for (FCL), Eileen Libby, argued that while the union has the right to picket, it does not have the right to stop supplies and replacement workers from getting into the refinery property.

Libby spent much of her time before the Queen’s Bench justice, Janet McMurtry, going through many allegations that the picketers were harassing, intimidating, blockading, and even assaulting people as part of their picketing.

She talked about allegations where picketers stopped buses with replacement workers for four hours, that picketers followed a similar bus on the highway, and that truckers were losing money because of the vehicle blockades. All the allegations were related from affidavits and depositions filed with the court.

Libby, on the part of the refinery, also accused the Regina Police Service of being no help in getting things moving and saying they were willing to assist — though McMurtry interrupted because the police weren’t here to defend themselves, she said she would assume that police are willing to do their jobs.

The refinery also put forward its concerns to the court that, if blockades were allowed to persist, then safety could be at risk because needed people or supplies may be kept out. McMurtry had Libby clarify that this was a concern the company had, instead of something that had been happening already.

Libby said, all this together, shows that the injunction is needed.

Unifor’s lawyers, Crystal Norbeck and Rick Engel, spent much of the time defending the picketers action and asserting what they see as the union’s rights.

Norbeck disputed many of the claims put forward by the refinery, though she said the union admits that things got a bit heated in the early days of picketing, but people were then brought under control.

The lawyers put some of the accusations back on the refinery, saying that its security had pushed through and assaulted picketers — though Libby disputed this.

Engel talked about the picketers’ rights. He said they have the right to picket and many of the things they’re doing come from that.

The refinery’s lawyers argued that FCL has a right to bring in replacement workers, but Engel contended that undermines the union’s bargaining position.

He said the union has the right to put pressure on the employer and people doing business with their employer. Engel said if the injunction is granted then the union can’t put pressure, and that would make their right to picket meaningless.

Each side refuted the claims and stories of people in the affidavits brought by the other side.

After arguments, replies and questions from both sides were heard, and Justice McMurtry reserved her decision to get back “as soon as (she) can.”